Legislature(2009 - 2010)CAPITOL 120

04/08/2009 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 194 LOW-SPEED MOTOR VEHICLES TELECONFERENCED
Moved CSHB 194(TRA) Out of Committee
*+ HJR 30 DEATH PENALTY FOR JOSHUA WADE TELECONFERENCED
Moved Out of Committee
*+ HB 138 CRUELTY TO ANIMALS TELECONFERENCED
Heard & Held
+= HB 140 JURY NULLIFICATION TELECONFERENCED
Failed To Move Out Of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 9 CAPITAL PUNISHMENT TELECONFERENCED
Moved CSHB 9(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 8, 2009                                                                                          
                           1:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Carl Gatto                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Mike Chenault                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 140                                                                                                              
"An Act relating to juries in criminal cases; and providing for                                                                 
an effective date."                                                                                                             
                                                                                                                                
     - FAILED TO MOVE OUT OF COMMITTEE                                                                                          
                                                                                                                                
HOUSE BILL NO. 194                                                                                                              
"An Act relating to the operation of low-speed vehicles."                                                                       
                                                                                                                                
     - MOVED CSHB 194(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 138                                                                                                              
"An Act relating to cruelty to animals."                                                                                        
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 9                                                                                                                
"An  Act  relating  to murder;  authorizing  capital  punishment,                                                               
classifying murder in  the first degree as a  capital felony, and                                                               
allowing  the  imposition  of  the   death  penalty  for  certain                                                               
murders;   establishing   sentencing   procedures   for   capital                                                               
felonies; and amending Rules 32,  32.1, and 32.3, Alaska Rules of                                                               
Criminal Procedure, and Rules 204, 209, 210, and 212, Alaska                                                                    
Rules of Appellate Procedure."                                                                                                  
                                                                                                                                
     - MOVED CSHB 9(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 30                                                                                                   
Relating to the case of the United States v. Wade and to the                                                                    
decision of the Attorney General of the United States with                                                                      
respect to that case.                                                                                                           
                                                                                                                                
     - MOVED HJR 30 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 140                                                                                                                  
SHORT TITLE: JURY NULLIFICATION                                                                                                 
SPONSOR(S): REPRESENTATIVE(S) COGHILL                                                                                           
                                                                                                                                
02/18/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/09       (H)       JUD                                                                                                    
03/18/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/18/09       (H)       Heard & Held                                                                                           
03/18/09       (H)       MINUTE(JUD)                                                                                            
03/30/09       (H)       JUD AT 8:00 AM CAPITOL 120                                                                             
03/30/09       (H)       -- MEETING CANCELED --                                                                                 
04/08/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 194                                                                                                                  
SHORT TITLE: LOW-SPEED MOTOR VEHICLES                                                                                           
SPONSOR(S): REPRESENTATIVE(S) WILSON                                                                                            
                                                                                                                                
03/18/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/18/09       (H)       TRA, JUD                                                                                               
03/26/09       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
03/26/09       (H)       Moved CSHB 194(TRA) Out of Committee                                                                   
03/26/09       (H)       MINUTE(TRA)                                                                                            
03/27/09       (H)       TRA RPT CS(TRA) 3DP 3NR                                                                                
03/27/09       (H)       DP: DOOGAN, GRUENBERG, WILSON                                                                          
03/27/09       (H)       NR: JOHANSEN, MUNOZ, JOHNSON                                                                           
04/08/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 138                                                                                                                  
SHORT TITLE: CRUELTY TO ANIMALS                                                                                                 
SPONSOR(S): REPRESENTATIVE(S) GATTO                                                                                             
                                                                                                                                
02/18/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/09       (H)       JUD, FIN                                                                                               
04/08/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 9                                                                                                                    
SHORT TITLE: CAPITAL PUNISHMENT                                                                                                 
SPONSOR(S): REPRESENTATIVE(S) CHENAULT                                                                                          
                                                                                                                                
01/20/09       (H)       PREFILE RELEASED 1/9/09                                                                                

01/20/09 (H) READ THE FIRST TIME - REFERRALS

01/20/09 (H) JUD, FIN 02/23/09 (H) JUD AT 1:00 PM CAPITOL 120 02/23/09 (H) Heard & Held 02/23/09 (H) MINUTE(JUD) 02/25/09 (H) JUD AT 1:00 PM CAPITOL 120 02/25/09 (H) Heard & Held 02/25/09 (H) MINUTE(JUD) 03/02/09 (H) JUD AT 1:00 PM CAPITOL 120 03/02/09 (H) Heard & Held 03/02/09 (H) MINUTE(JUD) 03/23/09 (H) JUD AT 8:00 AM CAPITOL 120 03/23/09 (H) Heard & Held 03/23/09 (H) MINUTE(JUD) 03/23/09 (H) JUD AT 1:00 PM CAPITOL 120 03/23/09 (H) Heard & Held 03/23/09 (H) MINUTE(JUD) 03/30/09 (H) JUD AT 8:00 AM CAPITOL 120 03/30/09 (H) -- MEETING CANCELED -- 04/06/09 (H) JUD AT 1:00 PM CAPITOL 120 04/06/09 (H) Heard & Held 04/06/09 (H) MINUTE(JUD) 04/08/09 (H) JUD AT 1:00 PM CAPITOL 120 BILL: HJR 30 SHORT TITLE: DEATH PENALTY FOR JOSHUA WADE SPONSOR(S): REPRESENTATIVE(S) STOLTZE 04/01/09 (H) READ THE FIRST TIME - REFERRALS 04/01/09 (H) JUD 04/08/09 (H) JUD AT 1:00 PM CAPITOL 120 WITNESS REGISTER RICK SVOBODNY, Deputy Attorney General Central Office Criminal Division Department of Law (DOL) Juneau, Alaska POSITION STATEMENT: Provided comments and responded to questions during discussion of HB 140. REPRESENTATIVE PEGGY WILSON Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of HB 194. REID HARRIS, Staff Representative Peggy Wilson Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Assisted with the presentation of HB 194 on behalf of the sponsor, Representative Wilson. GERALD HERBRANDSON Solar Wind of Alaska Petersburg, Alaska POSITION STATEMENT: Provided comments during discussion of HB 194. MEGAN PASTERNACK Sitka, Alaska POSITION STATEMENT: Provided comments during discussion of HB 194. CARL SPRINGER, JR., Registrar Director's Office Division of Motor Vehicles (DMV) Department of Administration (DOA) Anchorage, Alaska POSITION STATEMENT: Responded to questions during discussion of HB 194. SANDRA WILSON, Staff Representative Carl Gatto Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Assisted with the presentation of HB 138 on behalf of the sponsor, Representative Gatto. CHAVA LEE, Executive Director Gastineau Humane Society (GHS) Juneau, Alaska POSITION STATEMENT: During discussion of HB 138, provided comments and expressed her hope that the bill would be passed from committee. KAYLA EPSTEIN Anchorage, Alaska POSITION STATEMENT: Provided comments during discussion of HB 138. DALE BARTLETT, Deputy Manager Animal Cruelty Issues The Humane Society of the United States (HSUS) Washington D.C. POSITION STATEMENT: Testified in Support of HB 138. NANCY K. EDLUND Anchorage, Alaska POSITION STATEMENT: Testified in support of HB 138. LUCINDA EDLUND Anchorage, Alaska POSITION STATEMENT: Testified in support of HB 138. ANNE CARPENETI, Assistant Attorney General Legal Services Section Criminal Division Department of Law (DOL) Juneau, Alaska POSITION STATEMENT: Testified in opposition to HB 138, and responded to questions. REPRESENTATIVE BILL STOLTZE Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of HJR 30. SUSAN C. ORLANSKY, Attorney at Law Feldman Orlansky & Sanders Anchorage, Alaska POSITION STATEMENT: Urged the committee to vote against HJR 30, and provided comments. RICH CURTNER Anchorage, Alaska POSITION STATEMENT: Testified in opposition to HJR 30. SUE JOHNSON, Coordinator Alaskans Against the Death Penalty (AADP) Anchorage, Alaska POSITION STATEMENT: Provided comments during discussion of HJR 30. ACTION NARRATIVE 1:07:52 PM CHAIR JAY RAMRAS called the House Judiciary Standing Committee meeting to order at 1:07 p.m. Representatives Ramras, Holmes, Coghill, Gatto, and Lynn were present at the call to order. Representatives Dahlstrom and Gruenberg arrived as the meeting was in progress. Representative Chenault was also in attendance. HB 140 - JURY NULLIFICATION 1:08:38 PM CHAIR RAMRAS announced that the first order of business would be HOUSE BILL NO. 140, "An Act relating to juries in criminal cases; and providing for an effective date." CHAIR RAMRAS noted that public testimony on HB 140 was closed. REPRESENTATIVE COGHILL, speaking as the sponsor, indicated that HB 140 is meant to provide jurors with more of an independent voice because currently they are totally under the control of the judge, and thus need more discretion of their own; "My general move is to try to include the jurors in the application of the law ... and the exoneration or conviction of people who are charged by the state." He relayed that he favors Amendment 1, which, he posited, would address concerns regarding what he called "renegade juries"; Amendment 1, labeled 26-LS0603\A.1, Luckhaupt, 3/31/09, read: Page 1, line 1, following "cases;": Insert "amending Rule 16, Alaska Rules of Criminal Procedure;" Page 2, following line 8: Insert new subsections to read: "(g) Except as provided in (h) of this section, Rule 16, Alaska Rules of Criminal Procedure, applies to discovery in cases where the defendant requests that the jury be informed of the jury's power to judge the just application of the law and to vote on the verdict according to conscience. (h) At least 30 days before trail, the defendant shall disclose to the prosecution (1) the defendant's intent to request that the jury be informed of the jury's power to judge the just application of the law and to vote on the verdict according to conscience; (2) the legal theory of the defendant's claim that the law is unjustly applied to the defendant; (3) a list of witnesses, other than expert witnesses, that the defendant is likely to call in support of the claim that the law is unjustly applied to the defendant." Page 2, following line 8: Insert a new bill section to read: "* Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section the read: INDIRECT COURT RULE AMENDMENT. AS 12.45.017(g) and (h), added by sec. 1 of this Act, have the effect of amending Rule 16, Alaska Rules of Criminal Procedure, by requiring certain disclosures by the defendant." Renumber the following bill sections accordingly. CHAIR RAMRAS offered his belief that Amendment 1, by amending Rule 16 of the Alaska Rules of Criminal Procedure, would provide safeguards for jury nullification. 1:14:25 PM RICK SVOBODNY, Deputy Attorney General, Central Office, Criminal Division, Department of Law (DOL), said Amendment 1 would allow for discovery of the legal theory that's going to be presented to the jury. Presently, both sides know what the theory [for the prosecution] is going to be because that information is provided in the indictment, and although the prosecution doesn't get information about the defense's case because Alaska doesn't have reciprocal discovery, that generally hasn't been a problem because the prosecution can usually figure out what the factual disputes will be. However, in instances where the defendant seeks jury nullification, there is no way for the prosecution to know what theory will be used in an attempt to justify the defendant's actions in committing a crime. He indicated a preference for having that type of discovery if HB 140 ends up passing. REPRESENTATIVE HOLMES asked why [Amendment 1's reciprocal discovery] wouldn't be barred by existing Alaska Supreme Court decisions, given that it would occur before the guilt phase of a trial is over. MR. SVOBODNY pointed out that Amendment 1 simply stipulates that the prosecution shall be informed of what theory will be used in an attempt to justify the defendant's actions in committing a crime. He explained that in the Alaska Supreme Court case, Scott v. State, 519 P.2d 774 (Alaska 1974), the court allowed the State to be notified of legal defenses - theories - but not of who the defense's witnesses would be. Under HB 140, "it'll be cowboy time" with no one knowing beforehand what legal theory would be presented by the defense. CHAIR RAMRAS made a motion to adopt Amendment 1 [text provided previously]. 1:19:12 PM REPRESENTATIVE HOLMES objected. REPRESENTATIVE GRUENBERG asked whether the DOL would support HB*140 if Amendment 1 were not adopted. MR. SVOBODNY said no. In response to other questions, he clarified that [the DOL] doesn't support HB 140, either with or without Amendment 1, but feels that HB 140 would be "less worse" with the adoption of Amendment 1. In response to further questions, he acknowledged that Amendment 1 has potential constitutional difficulties, but doesn't think it would increase the risk that the whole bill would be found unconstitutional. House Bill 140 is doing away with representative government, he remarked, adding that although it is technically correct to say that the concept of jury nullification is not inherently unconstitutional and simply has equal protection and due process problems, and although constitutional scholars differ on what "deciding law" means, "under either theory, this is new." In response to questions, he reiterated his comments regarding Scott. REPRESENTATIVE GRUENBERG pointed out, though, that [counter to Scott,] Amendment 1 requires the defense to provide the prosecution with a list of the witnesses the defense will be calling. Doesn't this increase the risk of unconstitutionality? MR. SVOBODNY observed that there is always a risk of something being declared unconstitutional whenever the prosecution asks for information from the defense. "My view is, the bill will be found unconstitutional and it is less likely that ... [Amendment 1] - if it were attached to another bill that dealt with something else - would be found unconstitutional than the entire idea of the bill." 1:23:38 PM A roll call vote was taken. Representatives Coghill, Gatto, Lynn, and Ramras voted in favor of Amendment 1. Representatives Dahlstrom, Gruenberg, and Holmes voted against it. Therefore, Amendment 1 was adopted by a vote of 4-3. 1:24:08 PM REPRESENTATIVE COGHILL moved to report HB 140, as amended, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE DAHLSTROM objected. REPRESENTATIVE COGHILL said he disagrees with the argument that passage of HB 140 would result in lawlessness, surmising that everyone in the criminal justice system except for jurors are currently entrusted with understanding their roles in the system. REPRESENTATIVE DAHLSTROM said, "We as a legislature determine the law, and I think we run into a huge problem when we have different regions of the state interpreting the laws ... [differently]." If HB 140 were to pass, it would become common knowledge that a person could go to a particular area of the state and get away with certain crimes simply because of how jurors in that area are applying the law. REPRESENTATIVE GATTO said he's seen this occur in situations involving the crime of driving under the influence (DUI); jurors that have been convicted of DUI themselves are willing to forgive defendants charged with DUIs. "I'm very concerned about application, here; ... I believe in trusting the citizens, but laws are difficult to understand," he remarked, adding that jurors would have to read all laws, which even legislators don't do except in part. REPRESENTATIVE COGHILL offered his belief that Amendment 1 addresses the jury's power to judge the just application of the law. CHAIR RAMRAS noted that the appointee to the position of attorney general, Wayne Anthony Ross, has bragged about his use of jury nullification in a case in Kotzebue. REPRESENTATIVE GRUENBERG said he opposes HB 140 because it only goes one way, and if a guilty defendant is acquitted then that can't be cured because the case would then not be reviewable. CHAIR RAMRAS indicated that he agrees with Mr. Ross regarding jury nullification. 1:30:36 PM A roll call vote was taken. Representatives Coghill and Ramras voted in favor of reporting HB 140, as amended, from committee. Representatives Gatto, Lynn, Gruenberg, Holmes, and Dahlstrom voted against it. Therefore, HB 140, as amended, failed to be reported from the House Judiciary Standing Committee by a vote of 2-5. HB 194 - LOW-SPEED MOTOR VEHICLES 1:31:42 PM CHAIR RAMRAS announced that the next order of business would be HOUSE BILL NO. 194, "An Act relating to the operation of low- speed vehicles." [Before the committee was CSHB 194 (TRA).] 1:32:07 PM REPRESENTATIVE PEGGY WILSON, Alaska State Legislature, sponsor, noted that HB 194 was introduced at the urging of constituents in two of her communities, and offered that low-speed vehicles ("LSVs") are very useful in small communities such as those in her district, and fill a transportation niche not being met by standard passenger vehicles, which are not efficient at low speeds or over short distances. House Bill 194 would give smaller communities - those with [a population of less] than 35,000 - the option to allow LSVs on roads that have a maximum speed limit of 45 miles per hour (mph). 1:33:07 PM REID HARRIS, Staff, Representative Peggy Wilson, Alaska State Legislature, added on behalf of the sponsor, Representative Wilson, that the intent of HB 194 is to increase the number of roads available to LSVs in order to promote their use in small communities, and that the bill does so [in part] by allowing LSVs in certain, qualifying communities to be used on roads that have a maximum speed limit of 45 mph; currently, LSVs cannot be used on roads that have a maximum speed limit of more than 35 mph. The National Highway Traffic Safety Administration (NHTSA) and Alaska's Division of Motor Vehicles (DMV) define an LSV as a passenger vehicle that has four wheels, has a maximum gross vehicle weight rating (GVWR) of 3,000 pounds, and can attain a minimum speed of 20 mph and a maximum speed of 25 mph. The NHTSA has adopted regulatory standards for LSVs that require much of the same technology found in standard passenger vehicles, including headlights, taillights, turn signals, reflectors, a windshield that conforms to federal standards, and seatbelts for all designated seats. MR. HARRIS noted that the term "low-speed vehicle" refers to a legal class of vehicle that meets the aforementioned standards, and not to slow-moving vehicles such as farm, construction, or snow-removal equipment. The bill provides a unique opportunity for small and rural communities to allow themselves a new form of transportation. Such vehicles are convenient and can be cheaper for short trips than standard passenger vehicles; not all people want to drive their full-size vehicle the short distance to the grocery store, for example, particularly given the high price of gasoline in rural communities. Low-speed vehicles can reduce gasoline usage, dramatically cut down the amount of air-borne pollution a community produces, satisfy the demand for reduced-emission transportation, and be powered by gasoline, electricity, or a combination of both gasoline and electricity. MR. HARRIS said that although there are concerns that LSVs will cause congestion on public roads, the bill seeks to alleviate those concerns by requiring that qualifying communities have a population of less than 35,000 and not be connected by road to Anchorage or Fairbanks. Furthermore, the bill stipulates that an LSV may only cross a highway that has a maximum speed limit greater than 45 mph if the crossing is made at an intersection where the roads on both sides of the highway are eligible for LSV use. In conclusion, he mentioned that the bill also stipulates that otherwise qualifying communities must also pass a local ordinance allowing for the operation of LSVs as provided for in the bill; this will ensure that LSVs are welcome in the communities that choose to accept them, and not a burden on those communities that do not. REPRESENTATIVE DAHLSTROM, noting that she believes in the intent of HB 194, asked what position law enforcement agencies, the DMV, and insurance companies have taken on the bill. MR. HARRIS said he's not yet spoken with representatives from any of those groups, but surmised that law enforcement officers would be able to ticket any LSV that isn't complying with the law. In response to other questions, he reiterated that LSVs are required to have all the standard safety features that regular passenger vehicles are required to have, and indicated that studded tires are probably available for LSVs, and that certain models might come with all-wheel drive and traction control. REPRESENTATIVE GATTO expressed concern that LSVs be capable of driving in [winter] conditions. CHAIR RAMRAS, in response to comments, noted that existing law already addresses LSV usage, and that HB 194 would just be expanding that existing law. MR. HARRIS remarked that it would be up to an LSV's owner to decide whether he/she wanted to drive his/her LSV in less than optimum driving conditions. In response to a question, he reiterated that LSVs can be powered by gasoline, electricity, or a combination of both gasoline and electricity, adding that LSVs are required to be self propelled. In response to another question, he offered his understanding that [Segway-type] vehicles are not LSVs, and would probably not be practical for the communities HB 194 is intended to address. 1:43:37 PM GERALD HERBRANDSON, Solar Wind of Alaska, said that there are currently 10 LSVs operating in Petersburg, with a combined mileage of well over 10,000 miles. These LSVs are small, four- door sedans with hatchbacks; they seat four adult passengers comfortably; they have all the same lights that conventional cars have; and, with snow tires or studded tires, they are very aggressive in snow and slush, and have bypassed four-wheel drive vehicles that have gotten stuck. The only difference between regular vehicles and LSVs is that the LSVs go slower and conserve energy. In Petersburg, there a couple of short stretches of the highway that have a maximum speed limit greater than 35 mph, and so passage of HB 194 would allow LSVs on even those stretches, thereby making LSVs ideally suited for the community of Petersburg and other similar communities. MR. HERBRANDSON offered his belief that regular passenger vehicles are not well-suited to driving short distances, whereas LSVs are ideal for such trips, and that most drivers [in Petersburg] generally don't drive very far when taking care of daily errands. Low-speed vehicles are energy efficient, convenient to use, and can be fully insured through numerous insurance companies. He mentioned that he's given the local police chief a ride in an LSV, and found the police chief to be supportive of the concept of LSVs. In conclusion, he mentioned that LSVs do have heaters, and that he appreciates the opportunity [being provided via HB 194] for people to be more energy conscious. 1:46:45 PM MEGAN PASTERNACK, in response to a question, relayed that her LSV, which she has owned for more than a year, still has less than 3,000 miles on it. She offered her understanding that currently there are at least nineteen LSVs in Southeast Alaska, two in Kodiak, and possibly more throughout the rest of the state. Her LSV is a fully enclosed vehicle with a crush-proof body; it has lights, windshield wipers, mirrors, front wheel drive, and turn indicators; it meets or exceeds the federal motor vehicle safety standards for LSVs - "FMVSS 500"; and it is fully insured. She opined that HB 194 is about much more than just cheap transportation - it is also another much-needed step toward helping eliminate pollution and protecting the environment, and will help legislators, Alaska's communities, the state of Alaska, the United States, and the world. House Bill 194 will help those who must transit 45-mph zones for work or other purposes and who have had reservations about owning an LSV because of the current 35-mph limitation; if the bill passes, such people would then be able to make the decision to join others who are trying to [lessen] their carbon footprints. MS. PASTERNAK said that as an LSV driver, she is very conscious of the traffic around her, and does not impede others who wish to go faster than her allowed speed of 25 mph; that to that end, she waits to enter a roadway until approaching traffic [has gone past], and pulls over whenever possible to allow other drivers to pass her. She surmised that other LSV drivers are just as conscientious. Many LSVs are in use in Europe, and have been for quite some time. She offered her understanding that one of the reasons LSVs are safe is that when involved in a crash, they are so lightweight that they tend to just bounce away rather than absorb the full force of the impact. House Bill 194 has great flexibility in that it requires individual communities to decide, based on local conditions, whether to allow LSVs to travel in 45-mph zones. Although some have argued that owners of LSVs won't be contributing to the building and upkeep of roads and highways because they won't be purchasing [as much if any] fuel and thus won't be paying the associated taxes, she would be more than willing to pay a tax or fee specific to LSVs when registering or renewing license tabs, she relayed. Furthermore, she posited, her 1,200-pound LSV does far less damage to the roads then overloaded dump trucks that traverse them. MS. PASTERNAK, in conclusion, opined that if legislators would like to do more to encourage LSV usage, they should also consider allowing LSVs to be modified so that they can go 35 mph; her LSV had that capability but the modification allowing such had to be removed in order for her to comply with Alaska's LSV registration and licensing requirements. REPRESENTATIVE DAHLSTROM asked whether the DMV supports HB 194. 1:50:55 PM CARL SPRINGER, JR., Registrar, Director's Office, Division of Motor Vehicles (DMV), Department of Administration (DOA), said the DMV is not opposed to the bill and has the understanding that it would only change which roads LSVs could travel on and would have no effect on the DMV's workload. In response to another question, he said that the two-year registration fee of $100 is the same for LSVs as it is for regular passenger vehicles. In response to a further question, he explained that the federal and state definitions of what constitutes an LSV address the minimum and maximum speeds at which an LSV can travel, not the size or type of engine or how much horsepower it has; if an LSV is modified to exceed that maximum speed, it cannot be registered as an LSV in Alaska. In response to more questions, he said that LSVs are manufactured to meet their own standards, which are not as stringent as those of regular passenger vehicles; that such standards [in part] address the crash-worthiness of vehicles in head-on collisions; that he does not have any information regarding rear-end collisions of LSVs compared to regular passenger vehicles; that any such collisions will most likely cause damage unless the vehicle impacting the LSV is traveling at a very slow speed; that because LSVs are required to have seatbelts, they can therefore also accommodate child restraint systems; and that LSVs do not have airbags. CHAIR RAMRAS, after ascertaining that no one else wished to testify, closed public testimony on HB 194. REPRESENTATIVE GRUENBERG, in response to a question, relayed that he would not be offering the amendment labeled 26- LS0715\P.3, Luckhaupt, 4/1/09, which read: Page 1, line 6, following "may": Insert "operate that vehicle" Page 1, line 7: Delete "operate that vehicle" Page 2, lines 3 - 8: Delete all material and insert: "(2) across an intersection with [CROSS] a highway that has a maximum speed limit greater than is permissible [OF MORE THAN 35 MILES AN HOUR IF THE CROSSING IS MADE AT THE INTERSECTION WITH A HIGHWAY THAT IS AUTHORIZED] for low-speed vehicles under this subsection." REPRESENTATIVE HOLMES said she thought that that amendment would clarify the one part of the bill that she found confusing. REPRESENTATIVE WILSON, in response to a question, relayed that both she and the Department of Transportation & Public Facilities (DOT&PF) prefer the language currently in [CSHB 194(TRA)]. MR. HARRIS, in response to a question, relayed that LSVs cannot drive on the shoulder of the road but can pull over on it in order to let other vehicles pass; LSVs are to be operated in the same fashion as regular passenger vehicles. 1:58:15 PM REPRESENTATIVE LYNN moved to report CSHB 194(TRA) out of committee with individual recommendations and the accompanying fiscal note. There being no objection, CSHB 194(TRA) was reported from the House Judiciary Standing Committee. HB 138 - CRUELTY TO ANIMALS 1:58:53 PM CHAIR RAMRAS announced that the next order of business would be HOUSE BILL NO. 138, "An Act relating to cruelty to animals." CHAIR RAMRAS moved to adopt the proposed committee substitute (CS) for HB 138, Version 26-LS0351, Luckhaupt, 4/2/09, as the work draft. There being no objection, Version P was before the committee. REPRESENTATIVE GATTO, speaking as the sponsor, pointed out that currently a person could be charged with a felony for destroying a painting of a family pet, but could only be charged with a misdemeanor for destroying the actual pet the painting is of, and opined that this doesn't make any sense to him; HB 138, therefore, is intended to correct this by amending the cruelty to animals statute. 2:02:22 PM SANDRA WILSON, Staff, Representative Carl Gatto, Alaska State Legislature, relayed on behalf of the sponsor, Representative Gatto, that HB 138 would establish the two separate crimes of cruelty to animals in the first degree and cruelty to animals in the second degree. Under the proposed crime of cruelty to animals in the first degree, knowingly inflicting severe and prolonged physical pain or suffering on an animal, [committing the crime of cruelty to animals in the second degree three or more times within 10 years,] killing or injuring an animal by use of a decompression chamber, or intentionally killing or injuring a pet or livestock via poison would be a class C felony, whereas under the proposed crime of cruelty to animals in the second degree, failing - with criminal negligence - to care for an animal and thus causing the death of or severe physical pain or prolonged suffering to an animal, or knowingly killing or injuring an animal with the intent to intimidate, threaten, or terrorize another person would be a class A misdemeanor. REPRESENTATIVE GATTO indicated that the proposed crime of cruelty to animals in the first degree pertains to intentional acts, whereas the proposed crime of cruelty to animals in the second degree could in part pertain to unintentional acts. MS. WILSON, in response to a question, pointed out that Section 3 of HB 138 establishes the crime of cruelty to animals in the second degree. REPRESENTATIVE GATTO, in response to questions, expressed doubt that anyone would report the accidental death of a family pet. MS. WILSON added that under current law, the definition of the term "animal" [for purposes of Title 11] excludes fish, and that [although it might not ever be reported] under both the bill and current law, even the accidental death of a family pet would constitute a class A misdemeanor. CHAIR RAMRAS asked how proposed AS 1161.142(f)(3) would be enforced; under that provision, the court could "prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years. REPRESENTATIVE GATTO said the enforcement of that provision would fall to others rather than to the legislature. In response to further questions, he offered his understanding that the humane destruction of animals, even via the use of poison, is exempted; the bill's primary intent is to address willful and deliberate acts of animal cruelty. 2:10:15 PM CHAVA LEE, Executive Director, Gastineau Humane Society (GHS), pointed out that slitting open the belly of a guinea pig, nailing one end of its intestines to the ground and then watching it run around in circles is a deliberate act and constitutes animal cruelty; currently, however, there's not much that can be done about such behavior. Accidentally stepping on a cat, for example, and killing it is still just an accident, whereas throwing a bag kittens into a body of water and watching them drown is animal cruelty. She said that although the GHS doesn't get many calls about acts that turn out to be actual cruelty, the GHS does get a lot of calls about acts that turn out be the result of stupidity. With the latter type of calls, staff attempts to educate callers about how to care for their and their children's animals. From her perspective, she remarked, she can see a big difference between stupidity and cruelty: cruelty constitutes a deliberate, obvious, and disgusting act. MS. LEE said that that type of animal cruelty is perpetrated by human beings committing deliberate and painful acts of violence on innocent animals, and it is a known fact that such people often go on to commit similar acts of violence on human beings. She offered her hope that [the legislature] will pass HB 138, surmising that it will put some teeth into the animal cruelty statutes so that such crimes can be prosecuted. She noted that not all reported instances of animal cruelty end up being prosecuted; once such cases are investigated, they are often found to be situations in which people are behaving stupidly rather than intentionally cruelly. CHAIR RAMRAS - noting the existing pressures on law enforcement, the Alaska Court System (ACS), and the Department of Law (DOL) - questioned at what point would pursuing animal cruelty cases begin to encroach on the resources necessary for pursuing cases involving crimes against a person. REPRESENTATIVE GATTO pointed out that 70 percent of the abused women at shelters say that their abuser first started abusing animals; there is a direct link between those who abuse animals and those who abuse women. "Perhaps a call early on would result in no call later on," he remarked. CHAIR RAMRAS reiterated his concern about putting pressure on the existing criminal justice system. REPRESENTATIVE GRUENBERG disclosed a possible conflict of interest in that he and the next testifier are married. 2:17:52 PM KAYLA EPSTEIN, after mentioning that she serves on two animal- related boards, said that she is for HB 138. She then recounted a few instances wherein animals have warned human beings of danger and/or sacrificed themselves on their human's behalf, and then indicated that she was providing the committee with a picture of some Malamutes and of a cat that was burned alive. She said that a few years ago, she learned about a police officer who refused to charge a man for kicking a dog sufficient to break its ribs. How can a police officer charge a man with a misdemeanor for kicking a dog, when burning a cat alive is also only a misdemeanor, she queried. She offered her understanding that [law enforcement] is now being more proactive towards animal cruelty because they now see the relationship between animal cruelty and cruelty towards humans. Animal cruelty is very significant in domestic violence (DV) cases, is often used by abusers to punish their partners and children, and many women won't leave a bad situation for fear of what their abuser will do to their pets or livestock when they leave. MS. EPSTEIN offered her understanding that members' packets include a letter from a friend who's dog was seriously injured when it attempted to protect its owner from an attacker, a man who was well known by the police as a violent man with a criminal record; the officer who investigated her friend's case didn't think he could charge the attacker with anything significant, and so suggested she not pursue charges even for the animal abuse. Referring to a recent case involving a drunken man who'd stabbed several of his neighbor's sled dogs, she raised the question of what would happen if next time this man instead goes into a school yard. 2:23:01 PM DALE BARTLETT, Deputy Manager, Animal Cruelty Issues, The Humane Society of the United States (HSUS), indicated that he would be speaking in support of HB 138. He acknowledged that under both current law and HB 138, three or more convictions for the crime of cruelty to animals within a 10-year period would be a felony, and that HB 138 provides that certain other types of cruelty to animals crimes would also be a felony. Although Alaska law is in line with most of the rest of the country - with 46 states having felony animal cruelty laws - Alaska is the only state that requires previous convictions in order to charge the person with a felony. MR. BARTLETT - with regard to the link between animal cruelty and violence against people, particularly women - noted that the latest research indicates that those who are capable of horrendous acts of violence against animals are likely to be involved in other violent crimes. For example, the Chicago police department released a study in 2008 illustrating a startling propensity of offenders charged with crimes against animals to commit other violent offenses toward human victims. In that study, investigators found that 86 of those arrested for animal cruelty or animal fighting had two or more past arrests; 70 percent had been arrested for felonies - including homicide; 70 percent had been arrested for narcotics crimes - including trafficking crimes; and 65 percent had been arrested for battery crimes. A study conducted in Massachusetts of those arrested for animal cruelty illustrates that 70 percent had been convicted of other crimes within 10 years - either post or prior to their animal cruelty arrest. A Canadian police study illustrates that 70 percent of those arrested for animal cruelty had prior records of violent crimes, including homicide. MR. BARTLETT opined that it's clear from all this research that those capable of atrocious acts of animal cruelty are dangerous to society, and therefore stronger laws are needed in order to properly deal with such people. In the largest study of serial killers ever undertaken, nearly half admitted to committing animal cruelty as adolescents, and over one-third admitted to harming or killing animals as adults. Referring to earlier comments, he opined that if a person is able to slit an animal open and nail its intestines to the floor, then that is indicative of a level of violent criminal behavior that most people are simply not capable of; such an act constitutes a significant crime. On the issue of using limited resources to pursue cruelty to animals crimes instead of property crimes, he said that if someone broke into his garage and stole some property, he would be far less concerned than if that person had broken into his garage and killed his dog. MR. BARTLETT, in conclusion, opined that there really should be a distinction in the law for the willful and malicious killing of an animal. In response to a question, he remarked that theoretically, having a stronger punishment would be a greater deterrent, and that deterrence is not the only goal of the law. He elaborated: I think that ... by classifying something as a felony, it clearly indicates that the legislature believes that this is a serious offense, and that message is taken up by investigators, by prosecutors, and by judges. Often, with animal cruelty cases, one of the biggest ... challenges we face is for ... officers and judges who see rape and murder [cases] on a regular basis to [be convinced] ... that these significant animal cruelty crimes are a part of that same paradigm .... 2:30:05 PM NANCY K. EDLUND said that as families in society become more dispersed, more and more people are viewing their animals as extended family members, and so abuse of these animals, no matter what their species, is a very serious matter to these people. As such a person herself, she said in conclusion, she supports HB 138. 2:30:42 PM LUCINDA EDLUND said it has been difficult to hear examples of severe animal cruelty and then find that they are just misdemeanor crimes. This is really an embarrassment to her as a human being, she remarked, adding that she doesn't know how serious and prolonged abuse of animals cannot be taken seriously; it's outrageous to think that such atrocities are not felonies. In conclusion, she said she supports HB 138, and implores the legislature to adopt HB 138 and show that the abuse of animals is being taken very seriously. 2:32:33 PM ANNE CARPENETI, Assistant Attorney General, Legal Services Section, Criminal Division, Department of Law (DOL), relayed that the DOL opposes raising the penalty for the crime of cruelty to animals from a class A misdemeanor to a class C felony. In 1978, the criminal code revision committee debated this same issue, whether the crime of cruelty to animals ought to be a felony or a misdemeanor, and although the State's first chief prosecutor advocated for it to be a felony, the vote was in strong opposition based on the concept of proportionality, which is also the basis, now, for the DOL's opposition to HB 138, particularly since in Alaska, most domestic violence assaults are resolved only as class A misdemeanors due to a lack of resources. This opposition doesn't mean that the crime of cruelty to animals isn't an important or serious offense, but it is the DOL's position that one year in jail is enough of a penalty for such behavior. MS. CARPENETI noted that last year, when the legislature made a third conviction for such an offense within a 10-year period a class C felony, that was thought to be a pretty reasonable compromise, particularly in terms of proportionality and the way [the DOL] deals with limited resources in the criminal justice system. In conclusion, she said that the DOL opposes raising the penalty for first and second convictions of this crime. REPRESENTATIVE GRUENBERG asked whether a history of animal cruelty is an aggravating factor. MS. CARPENETI said it's not a provision of law, but judges do take all evidence of past behavior into consideration. REPRESENTATIVE GRUENBERG pondered whether another approach might be to simply make a history of animal cruelty an aggravating factor when sentencing someone for a felony-level crime against a person; doing so could perhaps address the issue of escalating behavior. MS. CARPENETI indicated that she would research that point further. In response to another question, she said she would research what sentence the crime of cruelty to animals typically results in, but surmised that most cases don't result in a multi-year sentence, so there might be room for more serious sentences. 2:38:10 PM REPRESENTATIVE LYNN questioned whether the bill could be altered so that the proposed class C felony would only apply to the most egregious behavior. MS. CARPENETI offered her belief that that provision of the bill is already limited to only the most egregious behavior; regardless, the DOL would still argue that the existing penalty of one year in jail is adequate. In response to further questions, she pointed out that current law already prohibits the poisoning of pets or livestock, the torturing of animals, and knowingly killing or injuring an animal with the intention of intimidating, threatening, or terrorizing another person; such behavior is currently a class A misdemeanor, and the bill, in part, is proposing to make some of those behaviors a class C felony. CHAIR RAMRAS relayed that HB 138, Version P, would be held over. HB 9 - CAPITAL PUNISHMENT 2:43:08 PM CHAIR RAMRAS announced that the next order of business would be HOUSE BILL NO. 9, "An Act relating to murder; authorizing capital punishment, classifying murder in the first degree as a capital felony, and allowing the imposition of the death penalty for certain murders; establishing sentencing procedures for capital felonies; and amending Rules 32, 32.1, and 32.3, Alaska Rules of Criminal Procedure, and Rules 204, 209, 210, and 212, Alaska Rules of Appellate Procedure." [Before the committee was the proposed committee substitute (CS) for HB 9, Version 26- LS0036\E, Luckhaupt, 2/18/09, which had been adopted as the work draft on 2/23/09, and amended on 4/6/09.] CHAIR RAMRAS noted that public testimony on HB 9 was closed. 2:43:56 PM REPRESENTATIVE GRUENBERG mentioned that he'd read a newspaper article indicating that the U.S. Supreme Court has recently ruled that [giving weight to] confessions, even voluntary ones, if they are the product of prolonged interrogation, is unconstitutional. [Chair Ramras turned the gavel over the Vice Chair Dahlstrom.] REPRESENTATIVE GRUENBERG indicated that this ruling appears to be in conflict with the provision of Amendment 3, as amended, that stipulated the death penalty could be sought if there is a videotaped voluntary confession by the defendant to the murder, and characterized this ruling by the U.S. Supreme Court as a significant one. Noting that he would be opposing passage of HB 9, he suggested that the committee consider either removing that potentially conflicting language from the bill or holding the bill over in order to do more research regarding whether that U.S. Supreme Court opinion really would impact the language of Amendment 3, as amended. [Vice Chair Dahlstrom returned the gavel to Chair Ramras.] 2:47:50 PM REPRESENTATIVE LYNN remarked that HB 9 raises life and death issues, not only for murderers but also for potential future victims. He then spoke a bit about religion and some religious beliefs and stories, but acknowledged that from a religious perspective, there don't appear to be any absolutes with regard to the death penalty. Murder victims have no choice and receive no trial; in contrast, murderers make the choice to kill - and such choices have consequences - and they receive a trial. At trial, when defendants are found guilty of murder, the odds are that they actually are guilty. He likened having the death penalty to allowing for abortion, and surmised that from a logical perspective, if one is provided for, then the other should be provided for as well. Being prolife, which he is, he remarked, means protecting citizens from murderers, and many believe that capital punishment provides the best way of providing that protection. On the question of whether capital punishment is a deterrent, he said he doesn't know if that is really the case, but noted that although most statistics indicate that it is not, once a person has been executed, that certainly deters him/her from killing in the future. REPRESENTATIVE LYNN observed that ample evidence provided indicates that many innocent people have been wrongfully convicted and sentenced to death; odds are, therefore, that if Alaska institutes capital punishment, innocent people will be put to death by the State, in other words, in part, by legislators. He added: "Would any of us here, at this committee table, pull the switch or personally inject the poison, inject that needle? If we can't do that maybe we shouldn't ask somebody else to do it." A person serving a life sentence but later found to be innocent could be released from prison and perhaps compensated to some small degree. However, an innocent person that's been executed can't be resurrected. Some have argued that a life sentence without possibility of parole is worse punishment than execution, but families of murder victims suffer their own life sentence - a lifetime sentence of sorrow. From a practical standpoint, if the State executes several murderers but no deterrence results, at least those dead murderers won't murder again, but if murderers are not executed and then kill again, then the State will, in effect, have enabled the murder of more innocent people. REPRESENTATIVE LYNN offered an example of one murderer who'd killed a 14-year-old girl, and then, after he was released from prison, murdered a mother of three children; because this murderer was not executed for the murder of the girl, another person was murdered. Can a sentence of life in prison without the possibility of parole take the place of capital punishment and provide for the desired level of public safety? Sure it can. But can the judicial system be depended upon to protect people via appropriate sentencing? "I have my doubts on that," he remarked, surmising that if the judicial system did a better job of protecting the public's safety, then perhaps there would be less demand for the death penalty. Furthermore, he queried, if a judge sets a violent criminal with multiple prior offenses loose on society, and that criminal commits additional heinous crimes, should that judge then be removed from the bench, suffer liability, or be put in jail himself/herself as an enabler? REPRESENTATIVE LYNN, on the issue of whether the death penalty would be disproportionately applied to minorities, opined that it is probably more accurate to instead say that the death penalty would be disproportionately applied to poor folks, who, regardless of their race, won't have the money to hire a "legal dream team." Being a member of a minority, or being poor, or living in a horrific environment is problematic, but it's no excuse for committing crimes. "Unfortunately, we do live in an imperfect world, where prejudice too often translates [into] ... gross unfairness, ... and bigots still exist, ... [but] that's reality " he added. With regard to the issue of cost and the question of whether a life sentence without the possibility of parole is more expensive than the death penalty, he said he doesn't care about which is more expensive because he believes that cost shouldn't be the determining factor for whether or not to establish capital punishment - life shouldn't have a price tag. REPRESENTATIVE LYNN also questioned how much sense it makes to impose a death penalty but then not carry it out for 10-20 years [due to numerous appeals]; to be any kind of a deterrent, the punishment should come shortly after the sentence. He relayed that when he ran for U.S. Congress in 1972 in California, he supported capital punishment and stated so in his campaign literature; however, even then, he believed that any capital punishment law should be applied fairly and be limited to only the most egregious and most heinous of crimes, and that's still his position today. He said that his sympathy for victims and their families is boundless. Although imprisonment without the possibility of parole sounds good, in today's tolerant judicial system, how many judges can be trusted to put murders in prison and then truly throw away the key? Probably not enough, he surmised. REPRESENTATIVE LYNN recalled prior testimony indicating that it is quite difficult to empanel a jury for a major trial in Bush Alaska due to the limited number of residents and close family relationships in such areas. He also offered his understanding that any jury members empanelled for a capital punishment case must be "death penalty qualified." Such a requirement would narrow the pool of prospective jurors in rural Alaska even further. Moreover, if such a jury ever were empanelled, would that really be a jury of one's peers, since all jurors would have to be in favor of the death penalty? He questioned whether to truly be a jury of one's peers, jurors empanelled for a death penalty case should instead be made up of people with differing views on the subject - just like in everyday life - and whether this issue could raise constitutional concerns. REPRESENTATIVE LYNN noted that the bill prohibits the execution of the mentally retarded and defines mental retardation as an intelligence quotient of 70 or below. In other words, when it comes time to receive a sentence, if the defendant has an intelligence quotient of 71, then he/she will be executed, but not if he/she has an intelligence quotient 70. This raises the question of who would be picking the intelligence quotient test, from the many that are out there, that would be used to determine mental retardation for purposes of possibly instituting the death penalty. Would an intelligence quotient of 70 on one test also be an intelligence quotient of 70 on another test? Furthermore, which type of intelligence would be being tested? His concerns about this issue, he remarked, have not yet been answered to his satisfaction, and opined that this issue needs to be addressed before the State starts putting people to death. These aspects of the bill and the complex questions surrounding them are another illustration of the practical difficulty of writing fair capital punishment legislation. REPRESENTATIVE LYNN concluded by saying that although he worries about the effectiveness of lifelong imprisonment compared to capital punishment, he is not convinced that any legislature in the world is capable of creating capital punishment legislation that has the level of fairness that should be demanded of it before it's used, and by saying that he would be voting "No" on HB 9. 3:01:18 PM REPRESENTATIVE GRUENBERG provided members with a copy of the aforementioned newspaper article regarding the recent U.S. Supreme Court ruling that even a voluntary confession may not be used in federal court if the defendant was held in questioning for more than six hours before he/she made the confession, citing the fact that there have been a number of people who've confessed to a crime but were later proven to be innocent by DNA evidence and had simply confessed because of undue police pressure. This highlights three points: one, that scientific evidence can change; two, that legal standards can change; and three, that they can be changed via a single vote on the U.S. Supreme Court. The issue, here, is finality: when all is said and done, a death sentence [that has been carried out] is final - there is no reconsideration, there is no appeal, and it cannot be undone to correct a mistake. He said he would strongly support legislation that established lifetime sentences without possibility of parole, because then if something changes, justice in an individual case could still be provided for. The U.S. Supreme Court ruling, with its limitation of six hours, sets a bright line demarcation for ease of administration, but in the case of HB 9, such a ruling and the difference of a mere 15 minutes of police questioning could mean the difference between taking someone's life or not. 3:05:06 PM REPRESENTATIVE COGHILL noted that the issue of confidence in the people who operate the judicial system has been raised, and indicated his belief that the bill's standard of proof beyond a reasonable doubt will address that issue. Noting that there are several advocacy groups standing up for the rights of those on death row, he questioned who would be standing up for the rights of the innocent people who were murdered, particularly given the extensive judicial process already in place for those accused of murder compared to the lack of any such process afforded to murder victims or their families. He said he thinks instituting the death penalty, regardless of the costs involved, is the way to rectify the apparent lack of recognition afforded murder victims and their families. In conclusion, Representative Coghill added: I think if we move forward with this bill, what we do is we make our system stand up and take note of its failures, number one, because if we're failing people who are sentenced to death, then we're certainly failing people who are sentenced to life in prison - ... and they never even get a second look, nobody goes out and takes a look at ... [their cases]. So I think it's good for the justice system to have to bear the responsibility, and therefore I'm voting for the bill. CHAIR RAMRAS agreed, adding that he is satisfied with having had Amendment 3, as amended, adopted, and with moving the bill forward. 3:10:10 PM REPRESENTATIVE HOLMES relayed that for a variety of reasons, she would be voting against HB 9. One reason pertains to the cost of the bill; the fiscal notes, which she surmised are probably conservative, total about $85 million in the first five years, and that's before the State would even come close to actually executing someone under the bill. Moreover, because the fiscal notes only estimate costs over the next five years, they don't include a lot of the implementation costs because they wouldn't occur within the first five years. For that same money, there are a lot of other things the legislature could be doing. New Jersey, in recent years, repealed its death penalty laws, but only after spending about $.25 billion and never actually executing anybody, and New Mexico has also recently repealed its death penalty laws. [Chair Ramras turned the gavel over the Vice Chair Dahlstrom.] REPRESENTATIVE HOLMES said she is also opposed to HB 9 because according to information from other states, it's pretty clear that innocent people will be executed despite any procedural safeguards that might be put in place - as long as its humans running the system, there are going to be errors, some due to problems with contaminated biological samples, and some due to problems with false confessions. Testimony has indicated that racial elements were at play back when Alaska had the death penalty, and so she is worried that the death penalty will again be disproportionately applied to minorities. She said she is also concerned about the requirement that jurors be "death penalty certified," concurring that defendants would be disenfranchised because such a jury would not really be a jury of one's peers. REPRESENTATIVE HOLMES said she is also worried about the moral issues raised, and that the bill won't actually be applied only to the most heinous of crimes because what constitutes heinous would be hard to categorize in law. She said she has concern that the bill is unconstitutional for a variety of reasons, among them that it [doesn't specifically prohibit] the execution of a minor, and, with the adoption of Amendment 2, now contains a reciprocal discovery provision. Another concern she said she has is that the ongoing appeal process for death penalty cases will simply run the families of victims through the wringer over and over again when appeals come up. REPRESENTATIVE HOLMES concluded by saying that in the end, she is deeply troubled by the potential for a system that is run by humans in all of its phases to result in human errors with regard to only executing those who are actually guilty, and so she will therefore be voting "No" on the bill, and urges other members to do the same. [Vice Chair Dahlstrom returned the gavel to Chair Ramras.] 3:15:38 PM REPRESENTATIVE GATTO offered his understanding that the cost of incarceration can at times be even higher than the cost of an execution, and indicated a belief that because other states have the death penalty, that Alaska's legislation will be found constitutional. He said he wants certain people to know that the penalty for heinous murders will be the harshest of punishments - execution - surmising that it is the fear of possibly being executed that will deter crime. He expressed favor with having a death penalty process that takes a long time, because that will give plenty of opportunity for [an innocent] person to be exonerated before he/she is executed. 3:17:55 PM REPRESENTATIVE DAHLSTROM said she has some reservations about HB 9, acknowledging that the potential for human error is one of the biggest risks that all legislation faces. She said she believes, however, that there are some acts so heinous that the person committing them is more of an animal than a human being, and so she will therefore be voting "Yes" on HB 9. 3:19:04 PM REPRESENTATIVE DAHLSTROM moved to report the proposed committee substitute (CS) for HB 9, Version 26-LS0036\E, Luckhaupt, 2/18/09, as amended, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVES HOLMES and GRUENBERG objected. 3:19:20 PM A roll call vote was taken. Representatives Gatto, Dahlstrom, Coghill, and Ramras voted in favor of reporting the proposed CS for HB 9, Version 26-LS0036\E, Luckhaupt, 2/18/09, as amended, from committee. Representatives Lynn, Gruenberg, and Holmes voted against it. Therefore, CSHB 9(JUD) was reported from the House Judiciary Standing Committee by a vote of 4-3. HJR 30 - DEATH PENALTY FOR JOSHUA WADE 3:19:46 PM CHAIR RAMRAS announced that the final order of business would be HOUSE JOINT RESOLUTION NO. 30, Relating to the case of the United States v. Wade and to the decision of the Attorney General of the United States with respect to that case. 3:20:41 PM REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, sponsor, relayed that HJR 30 has a very narrow focus on a specific issue, that of asking the federal government to consider whether capital punishment should be a sentencing option in the case of Joshua Wade. He noted that the language on page 2 lines 13-22, read: WHEREAS the United States Department of Justice has created a capital case review procedure to assist the United States Attorney General in making decisions on whether to seek the death penalty; and WHEREAS the capital case review procedure requires each United States Attorney to submit for review all cases involving a pending charge of an offense for which the death penalty is a legally authorized sanction, regardless of whether or not that United States Attorney recommends seeking the death penalty; and WHEREAS, during the capital case review, a review committee makes a recommendation to the United States Attorney General as to whether the death penalty should be sought in a case; and REPRESENTATIVE STOLTZE noted that the language on page 2, lines 26-28 read: BE IT RESOLVED that the Alaska State Legislature urges the United States Attorney General to consider all the evidence and, if justified by the evidence, carefully consider the death penalty as a sentencing option for Joshua Wade. REPRESENTATIVE STOLTZE explained that under current federal procedure, the issue of whether a particular case warrants consideration of the death penalty as a sentencing option must be determined before the trial starts, and that HJR 30 is merely a statement that the legislature wants to have the death penalty be considered in this situation. In conclusion, he mentioned that he has not yet spoken with the victims' families about HJR 30. REPRESENTATIVE GRUENBERG expressed concern about getting involved in ongoing litigation in a criminal case, in that doing so would be setting a precedent such that the legislature's involvement in a variety of cases would be requested in the future. 3:27:29 PM SUSAN C. ORLANSKY, Attorney at Law, Feldman Orlansky & Sanders, asked the committee to vote against HJR 30, adding that her position on the resolution is not based on whether the U.S attorneys prosecuting Joshua Wade should or should not seek the death penalty, but rather on a separation of powers issue and division of responsibility. She surmised that the legislature would not appreciate the U.S. Attorney's Office telling the legislature how to do its job, even if such advice were to come in the form of a mild resolution. Similarly, she said, she thinks it is not appropriate for the legislature to seek to influence the handling of a particular criminal case. The U.S. Attorney's Office already has standards, guidelines, and procedures for determining when to treat a case as a capital case; such a determination influences the office's budget, its allocation of manpower, may require a decision to not investigate or prosecute someone else, and reflects its obligation to have consistent, nationwide standards so that the government can't be accused of behaving in an arbitrary or unfair fashion when deciding to ask for the most extreme penalty. MS. ORLANSKY pointed out that those outside of the U.S. Attorney's Office don't have all the facts that weigh into such decision making, and so for the legislature to start telling prosecutors what to consider or how to exercise their discretion in a particular case appears to her to set a bad precedent. She surmised that everyone has recently seen how high profile cases can be mishandled, especially when decisions are rushed or when prosecutors are perhaps influenced by a desire to make headlines. Winning a conviction or a particular penalty doesn't accomplish anything if the process is flawed and has to be set aside. If the goal is to see Joshua Wade prosecuted fairly and effectively and be punished appropriately if convicted, then the best approach would be to let the prosecutors do their job in a professional manner uninfluenced by public pressures. She said she is not aware of the legislature having previously taken a public position on how federal or state prosecutors should handle a particular case, and she thinks, therefore, that the legislature's not having done so reflects a wise deference and appropriate perspective on the different roles of different branches of government. In conclusion, she urged the committee to follow that same course and vote against HJR 30. 3:30:30 PM RICH CURTNER said he would be speaking against HJR 30, opining that it sets bad public policy by attempting to influence ongoing litigation and the discretion of the [U.S. Attorney] The U.S. Department of Justice (DOJ) has strict protocol for handling [death penalty cases], and HJR 30 could be seen as possibly having influenced the U.S. Attorney's Office decisions. House Joint Resolution 30 sends some bad messages to the citizens of Alaska: one, it disregards the verdict of the 12 Alaskan jurors who initially found Mr. Wade not guilty; two, it makes an assumption about the State's criminal justice system and the presumption of innocence, since Mr. Wade has not yet been convicted, and so the resolution could be viewed as an attempt to presume guilt and influence the system; and three, it could potentially result in a change of venue due to additional pretrial publicity. In conclusion, he pointed out that HJR 30 would be speaking to the same people that prosecuted then U.S. Senator Ted Stevens, and opined that caution should be taken whenever the legislature proposes any resolution that could be viewed as an attempt to influence the DOJ's treatment of ongoing litigation. 3:33:22 PM SUE JOHNSON, Coordinator, Alaskans Against the Death Penalty (AADP), said that HJR 30 appears to involve one branch of government - the legislative branch - attempting to influence another branch of government - the judicial branch. The federal government already has a thoughtful process in place that allows a criminal case to be elevated to the level of a death penalty case. She said she thinks that it would therefore be very inappropriate for the legislature to get involved in such a decision or to even be perceived as getting involved. She also pointed out that many family members of murder victims are very opposed to executing those who have killed their loved ones. REPRESENTATIVE HOLMES said she would be voting against HJR 30 because she feels it would be setting a bad precedent for legislators to be weighing in on criminal cases. CHAIR RAMRAS, having previously ascertained that no one else wished to testify, closed public testimony on HJR 30. 3:35:25 PM REPRESENTATIVE DAHLSTROM moved to report HJR 30 out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE HOLMES objected. A roll call vote was taken. Representatives Dahlstrom, Coghill, Gatto, and Ramras voted in favor of reporting HJR 30 from committee. Representatives Lynn, Gruenberg, and Holmes voted against it. Therefore, HJR 30 was reported from the House Judiciary Standing Committee by a vote of 4-3. 3:36:41 PM ADJOURNMENT There being no further business before the committee, the House Judiciary Standing Committee meeting was adjourned at 3:36 p.m.

Document Name Date/Time Subjects
01 HB138 Sponsor Statement.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
01 HB194 Sponsor Statement.pdf HJUD 4/8/2009 1:00:00 PM
HB 194
HB140 Amendment A.1.pdf HJUD 4/8/2009 1:00:00 PM
HB 140
02 HB138 CS version P.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
03 HB138 version S.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
04 HB138 DOC FN.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
05 HB138 LAW-CRIM-FN.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
06 HB138 Lettrs of SupportOpposition.pdf HJUD 4/8/2009 1:00:00 PM
HB 138
02 HB194 Bill version P.pdf HJUD 4/8/2009 1:00:00 PM
HB 194
03 HB194 DOT FN.pdf HJUD 4/8/2009 1:00:00 PM
HB 194
04 HB194 Backup.pdf HJUD 4/8/2009 1:00:00 PM
HB 194
05 HB194 Amendment P.3.pdf HJUD 4/8/2009 1:00:00 PM
HB 194
HJR 30 version R.pdf HJUD 4/8/2009 1:00:00 PM