Legislature(1993 - 1994)
01/31/1994 01:15 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE JUDICIARY STANDING COMMITTEE
January 31, 1994
1:15 p.m.
MEMBERS PRESENT
Rep. Brian Porter, Chairman
Rep. Jeannette James, Vice-Chair
Rep. Pete Kott
Rep. Gail Phillips (arrived at 1:35 p.m.)
Rep. Joe Green
Rep. Cliff Davidson
Rep. Jim Nordlund
MEMBERS ABSENT
None
COMMITTEE CALENDAR
HB 162: "An Act authorizing capital punishment,
classifying murder in the first degree as a
capital felony, and establishing sentencing
procedures for capital felonies; authorizing an
advisory vote on instituting capital punishment;
and providing for an effective date."
FAILED TO MOVE OUT OF COMMITTEE BY A VOTE OF 4-3
HB 49: "An Act relating to facsimile absentee ballot
application and facsimile absentee voting."
CSHB 49(JUD) PASSED OUT OF COMMITTEE WITH
INDIVIDUAL RECOMMENDATIONS AND A FISCAL NOTE
HB 315: "An Act relating to the unauthorized use of or
unauthorized interference with transmission and
delivery of subscription cable services; and
amending the definition of the offense of theft of
services and the penalties for its violation."
CSHB 315(JUD) PASSED OUT OF COMMITTEE WITH NO
OBJECTIONS
*HB 313: "An Act relating to suspended imposition of
criminal sentences and to the period in which
suspension of the imposition of sentence for
conviction of the crime of disorderly conduct may
be authorized."
CSHB 313(JUD) PASSED OUT OF COMMITTEE WITH
INDIVIDUAL RECOMMENDATIONS
WITNESS REGISTER
REP. JERRY SANDERS
Alaska State Legislature
Capitol, Room 13
Juneau, Alaska 99801-1182
Phone: 465-4945
POSITION STATEMENT: Prime Sponsor of HB 162.
JERRY LAUKPAUT
Legal Services
Legislative Affairs Agency
130 Seward Street
Juneau, Alaska 99801
Phone: 465-2450
POSITION STATEMENT: Drafter of HB 162 and Rep. Nordlund's
amendment.
TOM ANDERSON
Legislative Aide
Rep. Terry Martin
Alaska State Legislature
Capital Building, Room 411
Phone: 465-3783
POSITION STATEMENT: Testified on behalf of Rep. Martin,
Prime Sponsor of HB 49.
JOHN GAGUINE
Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, Alaska 99811
Phone: 465-2127
POSITION STATEMENT: Available to answer questions on HB 49.
ERIC MUSSER
Legislative Aide
Rep. Brian Porter
Alaska State Legislature
Capitol Building, Room 118
Juneau, Alaska 99811
Phone: 465-4930
POSITION STATEMENT: Testified on behalf of Rep. Porter,
Prime Sponsor of HB 315.
REP. PETE KOTT
Alaska State Legislature
Capitol Building, Room 409
Juneau, Alaska 99811
Phone: 465-3743
POSITION STATEMENT: Prime Sponsor of HB 313.
MARGO KNUTH
Criminal Division
Department of Law
P.O. Box 110300
Juneau, Alaska 99811
Phone: 465-3428
POSITION STATEMENT: Answered questions regarding HB 315.
PREVIOUS ACTION
BILL: HB 162
SHORT TITLE: CAPITAL PUNISHMENT FOR MURDER
BILL VERSION: SSHB 162
SPONSOR(S): REPRESENTATIVE(S) SANDERS,Olberg,Bunde,Kott,
Vezey,James
JRN-DATE JRN-PG ACTION
02/18/93 380 (H) READ THE FIRST TIME/REFERRAL(S)
02/18/93 380 (H) JUDICIARY, FINANCE
02/22/93 421 (H) COSPONSOR(S): BUNDE
02/24/93 445 (H) COSPONSOR(S): KOTT
03/01/93 495 (H) COSPONSOR(S): VEZEY
03/02/93 510 (H) COSPONSOR(S): JAMES
11/16/93 (H) MINUTE(JUD)
11/16/93 (S) MINUTE(JUD)
01/19/94 2109 (H) SPONSOR SUBSTITUTE
INTRODUCED-REFERRALS
01/19/94 2109 (H) JUDICIARY, FINANCE
01/26/94 (H) JUD AT 01:15 PM CAPITOL 120
01/26/94 (H) MINUTE(JUD)
01/28/94 (H) JUD AT 01:15 PM CAPITOL 120
BILL: HB 49
SHORT TITLE: ABSENTEE BALLOTING BY FAX
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MARTIN,Brice
JRN-DATE JRN-PG ACTION
01/13/93 52 (H) READ THE FIRST TIME/REFERRAL(S)
01/13/93 53 (H) STATE AFFAIRS,JUDICIARY,FINANCE
01/20/93 117 (H) COSPONSOR(S): BRICE
01/28/93 (H) STA AT 08:00 AM CAPITOL 102
01/28/93 (H) MINUTE(STA)
01/30/93 (H) STA AT 08:00 AM CAPITOL 102
01/30/93 (H) MINUTE(STA)
02/09/93 (H) STA AT 08:00 AM CAPITOL 102
02/11/93 (H) STA AT 08:00 AM CAPITOL 102
02/11/93 (H) MINUTE(STA)
02/13/93 (H) STA AT 08:00 AM CAPITOL 102
02/18/93 (H) STA AT 08:00 AM CAPITOL 102
02/18/93 (H) MINUTE(STA)
03/02/93 (H) STA AT 08:00 AM CAPITOL 102
03/02/93 (H) MINUTE(STA)
03/04/93 (H) STA AT 08:00 AM CAPITOL 102
03/04/93 (H) MINUTE(STA)
03/05/93 541 (H) STA RPT CS(STA) NEW TITLE
1DP 1DNP 5NR
03/05/93 541 (H) DP: VEZEY
03/05/93 541 (H) DNP: ULMER
03/05/93 541 (H) NR: B.DAVIS,OLBERG, G.DAVIS,
SANDERS,KOTT
03/05/93 541 (H) -FISCAL NOTE (GOV) 3/5/93
04/21/93 (H) JUD AT 01:00 PM CAPITOL 120
01/19/94 (H) JUD AT 01:15 PM CAPITOL 120
01/19/94 (H) MINUTE(JUD)
01/21/94 (H) MINUTE(JUD)
01/31/94 (H) JUD AT 01:15 PM CAPITOL 120
BILL: HB 315
SHORT TITLE: THEFT OF SUBSCRIPTION TV SERVICES
SPONSOR(S): REPRESENTATIVE(S) PORTER,Green,Toohey
JRN-DATE JRN-PG ACTION
01/03/94 2009 (H) PREFILE RELEASED
01/10/94 2009 (H) READ THE FIRST TIME/REFERRAL(S)
01/10/94 2009 (H) JUDICIARY, FINANCE
01/24/94 2139 (H) COSPONSOR(S): GREEN, TOOHEY
01/24/94 (H) JUD AT 01:15 PM CAPITOL 120
01/24/94 (H) MINUTE(JUD)
01/31/94 (H) JUD AT 01:15 PM CAPITOL 120
BILL: HB 313
SHORT TITLE: SUSPENDED SENTENCES:DISORDERLY CONDUCT
SPONSOR(S): REPRESENTATIVE(S) KOTT
JRN-DATE JRN-PG ACTION
01/03/94 2009 (H) PREFILE RLEASED
01/10/94 2009 (H) READ THE FIRST TIME/REFERRAL(S)
01/10/94 2009 (H) JUDICIARY, FINANCE
01/31/94 (H) JUD AT 01:15 PM CAPITOL 120
ACTION NARRATIVE
TAPE 94-13, SIDE A
Number 000
The House Judiciary Standing Committee was called to order
at 1:30 p.m. on January 31, 1994. A quorum was present.
Chairman Porter announced that the first order of business
was HB 162, and that the prime sponsor, Rep. Jerry Sanders,
was on teleconference from Anchorage.
HB 162 - CAPITAL PUNISHMENT FOR MURDER
Number 025
REP. PORTER said that the public hearing on HB 162 had been
concluded after a hearing in Anchorage during the interim
and two teleconferences in Juneau, and requested amendments.
Number 046
REP. NORDLUND said he had an amendment that would basically
strip the entire bill and substitute life without parole in
lieu of the death penalty, and moved the amendment.
Number 090
REP. KOTT objected for the purpose of discussion.
Number 114
JERRY LAUKPAUT, Legal Services, Legislative Affairs Agency,
drafter of HB 162, the Sponsor Substitute, and the Nordlund
amendment (E3), explained the amendment to the committee.
Mr. Laukpaut explained that Rep. Nordlund had him take the
basic aggravating factors in the bill and change the penalty
from death to life without possibility of parole.
Number 183
The committee discussed the amendment, including the
possibility of furlough, good time, escape, threat to
correctional officials, and whether it was constitutional.
The committee also discussed if there would be a need for
additional facilities to house life-time offenders.
Number 741
REP. PORTER called for a roll call vote on the amendment:
Rep. Kott no Rep. Nordlund yes
Rep. Phillips no Rep. Davidson yes
Rep. Green yes Rep. James no
Rep. Porter no
THE MOTION TO AMEND FAILED.
Number 750
REP. PORTER said the committee had in front of it HB 162 as
originally presented. He reminded the committee of the
concern of Jack Chenoweth of the Attorney General's Office,
which is the crime of first degree murder, with a range of
sentence from 20 years to 99 years. Rep. Porter indicated
there is a concern that this range would give rise to an
equal protection constitutional challenge, and there is no
doubt that should HB 162 become law, everything in it would
be challenged in some form, but this is something the
committee might want to consider.
Number 766
REP. JAMES indicated she would feel a lot more comfortable
with HB 162 if the committee had an overall view of the
bill, and even though she supports in concept capital
punishment, she would like to also have the possibility of
mandatory incarceration without parole. Rep. James
suggested a working group to look at the whole range of
sentencing options and come up with something for the
committee to look at.
Number 782
REP. PORTER said that if there were, for example, 100
challenges to this bill, he was sure that 99 of them would
meet the challenge, albeit years from now after hundreds of
thousands of dollars have been spent, but they would meet
the challenge, from his understanding of the U.S. Supreme
Court's position on capital punishment and the cases they
have decided and guidelines they have written. He added
that he thought HB 162 meets all the requirements with the
one exception of possibility of sentencing disparity, and he
thought it was worth thinking about.
Number 796
REP. PHILLIPS told the committee she had a lot of thoughts
on this bill and was not anywhere near ready to pass the
bill out. She said she thought the testimony was stacked
with attorneys and did not reflect current public opinion
favoring the death penalty.
Number 808
REP. PORTER responded that the committee had three public
hearings, one in Anchorage with the Joint Judiciary
Committees, and to his knowledge the companion bill was not
moving in the Senate, so this was just the first of
potentially three or four committee hearings on the
legislation. Rep. Porter said he was being told by those
who favor it to move it out of committee, and he was being
told by those who don't want it to sit on it. He added that
he didn't particularly want it, but he didn't particularly
want to sit on it either.
Number 820
REP. PHILLIPS reiterated that she felt very uncomfortable
that the committee hadn't done its work on the legislation,
and that the committee hadn't taken enough public testimony.
Rep. Phillips added that she felt the testimony had been
totally slanted, and that she knows there's another side out
there.
Number 830
The committee discussed Rep. Phillips' concerns, with a
number of members indicating they shared her concerns.
TAPE 94-13, SIDE B
Number 012
REP. PORTER said it was his intention to vote HB 162 up or
down.
Number 018
REP. JAMES supported Rep. Porter's intention to vote to move
the bill out of committee, and suggested it would probably
die in House Finance because of the cost, and that it was
time to let another committee deal with it.
Number 020
REP. PORTER asked if the committee's comments about not
hearing enough public testimony was an indication that
members didn't believe that public support for HB 162 was as
vehement as thought.
Discussion on Rep. Porter's comments and Rep. Phillips'
concerns ensued.
Number 091
REP. PORTER told the committee he felt holding chairmanship
of the Judiciary Committee had two roles: one, the general
public policy, "represent my district" kind of role that
each legislator shares; and second, he would not let the
committee pass a bill that he had any concern about being
constitutionally flawed. Rep. Porter said that is the
committee's professional requirement, and added that his
vote to move HB 162 out of committee was going to be a
reflection of the professional requirement of this
committee, making it a lawful piece of legislature should it
pass. He added, however, that he did not support the bill
and would not vote for it if it came to the floor of the
House, but if a piece of legislation came across reflecting
Rep. Nordlund's amendment, he would probably support it.
Number 130
REP. KOTT pointed out that this latest round of testimony
dealt with a different bill in that the committee was no
longer dealing with court rules, so it could pass with a
simple majority. He said the committee should have perhaps
dug into that a little deeper, but if Rep. Porter was
satisfied with the constitutionality of the bill, then he
would go along with the recommendation to move HB 162 out,
and would in fact support HB 162, having had a mandate of
almost 82 percent of his constituents supporting it.
Number 161
REP. NORDLUND offered another amendment stripping Section 13
out of the bill, which was the section pertaining to putting
the issue on the ballot for a public vote. He moved
Amendment No. 2.
Number 188
Discussion ensued on Amendment No. 2.
Number 256
REP. PORTER called for a vote on Amendment No. 2:
Rep. Phillips yes Rep. Davidson yes
Rep. Green yes Rep. Kott no
Rep. Nordlund yes Rep. James no
Rep. Porter yes
AMENDMENT NO. 2 PASSED AND HB 162 WAS BEFORE THE COMMITTEE.
Number 264
A discussion on HB 162 ensued.
Number 633
REP. JAMES MADE A MOTION TO MOVE HB 162 OUT OF COMMITTEE
WITH INDIVIDUAL RECOMMENDATIONS.
REP. PORTER called for a roll call vote:
Rep. Davidson no Rep. Green no
Rep. Kott yes Rep. Nordlund no
Rep. Phillips no Rep. James yes
Rep. Phillips yes.
THE MOTION TO MOVE HB 162 OUT OF COMMITTEE WITH INDIVIDUAL
RECOMMENDATIONS FAILED.
Number 651
REP. PORTER said the next order of business was HB 49.
CSHB 49(JUD) - "An Act relating to absentee voting, to
electronic transmission of absentee ballot applications,
and to delivery of ballots to absentee ballot applicants by
electronic transmission."
Number 660
TOM ANDERSON, Legislative Aide to Rep. Terry Martin, Prime
Sponsor of HB 49, testified that he followed up on the
question relating to postmarks and also of how HB 49 would
affect municipal clerks. Mr. Anderson said Rep. Martin had
no problem with changing the wording of the bill to say that
an application requesting delivery of an absentee ballot to
the applicant must be addressed to the Division of Elections
and received in not less than seven days. On the second
question, Mr. Anderson referred to a letter from Patty Ann
Polly, the Juneau City Clerk, and asked the committee to
note that HB 49 only addressed Section 15 of the Statutes,
not Section 29, which had to do with municipal elections, so
it wouldn't really affect city elections.
Number 703
JOHN GAGUINE, Governmental Affairs Section, Attorney
General's Office, testified that they saw no problem with
secrecy and the right to privacy. Mr. Gaguine said he was
confident that the Division of Elections could come up with
procedures to deal with the issue of secrecy. He added that
the state was not forcing anyone to vote this way; it was a
matter of choice.
REP. PORTER asked Mr. Gaguine if he was saying you can waive
the right to secrecy.
Number 733
MR. GAGUINE said no, you cannot waive your right to secrecy.
Number 738
REP. PORTER commented that the Division of Elections could
not guarantee secrecy.
Number 743
MR. GAGUINE concurred.
Number 764
REP. PORTER said he would entertain a motion to amend page
3, line 19, change the first two words "and postmarked" to
"and received."
AMENDMENT NO. 1 WAS MOVED WITHOUT OBJECTION.
Number 770
REP. GREEN moved the amended bill out of committee with
individual recommendations, with a fiscal note.
HEARING NO OBJECTIONS, CSHB 49(JUD) WAS MOVED OUT OF
COMMITTEE WITH INDIVIDUAL RECOMMENDATIONS AND A FISCAL NOTE.
HB 315 - THEFT OF SUBSCRIPTION TV SERVICES
Number 790
REP. PORTER brought the next bill before the committee,
HB 315.
ERIC MUSSER, Legislative Aide to Rep. Brian Porter,
described a draft committee substitute, which simply makes
more clear the intent of the legislation. He said during
the previous hearing two questions were raised, and on page
3, line 13, of the original bill the question came up to
just what "inductively" meant. Mr. Musser also said a
question came up as to whether there was a redundancy
between the language on page 3, line 13 and line 19.
MR. MUSSER said the committee substitute restructures the
language to eliminate any redundancy, and included a
definition of an unauthorized device.
Number 840
REP. PHILLIPS MOVED the JUDICIARY SUBSTITUTE for HB 315.
Hearing no objection, it was so moved.
CSHB 315(JUD) MOVED OUT OF COMMITTEE.
TAPE 94-14, SIDE A
Number 000
CSHB 313(JUD) - "An Act relating to suspended imposition of
criminal sentences and to the imposition of sentence when a
suspended imposition of sentence is revoked."
REP. PORTER said the next order of business was HB 313.
Number 010
REP. PETE KOTT, Prime Sponsor of HB 313, presented the
committee with a committee substitute and testified that the
legislation's original intent extended to judges the
opportunity to impose the suspended imposition of sentencing
to 90 days, but as it currently stands, you can only suspend
imposition of sentence up to the amount of time a person
would actually be serving. The Committee Substitute (CS)
allows for probation to go up to one year.
Number 127
REP. PORTER said he intends to support the bill because it
provides some options not currently available to the system,
and the only correction he would make is changing 5th degree
to 3rd degree on weapons misconduct.
Number 130
MARGO KNUTH, Criminal Division, Department of Law, explained
to the committee that there is now a 5th degree weapons
offense and it is a misdemeanor offence and it starts off
with higher offenses than the state used to have.
Number 160
REP. NORDLUND asked if HB 315 would allow for an SIS to go
beyond what an original sentence was.
Number 173
REP. KOTT replied yes; under a Class B misdemeanor an
individual would get 90 days in jail, so this allows a judge
to extend that period of probation up to one year, and it is
up to judicial discretion.
Number 192
REP. PORTER said it has been pointed out that Anchorage and
other urban communities that have problems with criminal
behavior is really a result of an inebriate problem, and
this would allow a court to sentence an SIS for a lengthy
period of treatment as opposed to just disorderly conduct,
which often is a drinking problem.
Number 199
REP. GREEN asked if the additional extension of probation
(inaudible).
Number 192
REP. PORTER replied that the judge will issue a suspended
imposition of sentence for a certain length of time, and
HB 313 allows that time to go up in the judge's opinion if
there is a reason for it.
Number 252
MS. KNUTH said because it will be applied to new offenses
that are committed as long as it is a reasonable time
period, and the legislature can set whatever time period it
wants, and what is happening is the original sentencing is
still there, but it stays at risk for a longer time period.
MS. KNUTH continued, saying judges have asked for this
amendment because right now they are not granting SIS's for
these minor offenses because they don't feel they can trust
a person to know if it's taken in 10 or 90 days, so they
will impose the sentence which gives them a much longer time
period and in effect they feel that they have been harsher
than they should be. She said judges would like to be able
to grant an SIS, which is a liberal and useful thing to do,
but only if there is enough security build into it.
Number 324
REP. PHILLIPS MOVED CSHB 313(JUD). Hearing no objection, it
was so moved.
CSHB 313(JUD) WAS MOVED OUT OF COMMITTEE WITH INDIVIDUAL
RECOMMENDATIONS.
ADJOURNMENT
Chairman Porter adjourned the meeting at 3:30 p.m.
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