Legislature(2011 - 2012)CAPITOL 120
03/09/2011 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB175 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 175 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 9, 2011
1:37 p.m.
MEMBERS PRESENT
Representative Steve Thompson, Vice Chair
Representative Wes Keller
Representative Bob Lynn
Representative Lance Pruitt
Representative Max Gruenberg
MEMBERS ABSENT
Representative Carl Gatto, Chair
Representative Lindsey Holmes
Representative Mike Chenault (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 175
"An Act relating to an appearance before a judicial officer
after arrest; relating to penalties for operating a vehicle
without possessing proof of motor vehicle liability insurance or
a driver's license; relating to penalties for certain arson
offenses; amending Rule 5(a)(1), Alaska Rules of Criminal
Procedure, and Rule 43.10, Alaska Rules of Administration; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 175
SHORT TITLE: COURT APPEARANCES; ARSON; INFRACTIONS
SPONSOR(S): JUDICIARY
02/28/11 (H) READ THE FIRST TIME - REFERRALS
02/28/11 (H) JUD, FIN
03/09/11 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
ANNE CARPENETI, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Presented HB 175 on behalf of the sponsor,
the House Judiciary Standing Committee.
ACTION NARRATIVE
1:37:05 PM
VICE CHAIR STEVE THOMPSON called the House Judiciary Standing
Committee meeting to order at 1:37 p.m. Representatives
Thompson, Gruenberg, Keller, and Pruitt were present at the call
to order. Representative Lynn arrived as the meeting was in
progress. Representatives Gatto and Holmes were excused.
HB 175 - COURT APPEARANCES; ARSON; INFRACTIONS
1:37:31 PM
VICE CHAIR THOMPSON announced that the only order of business
would be HOUSE BILL NO. 175, "An Act relating to an appearance
before a judicial officer after arrest; relating to penalties
for operating a vehicle without possessing proof of motor
vehicle liability insurance or a driver's license; relating to
penalties for certain arson offenses; amending Rule 5(a)(1),
Alaska Rules of Criminal Procedure, and Rule 43.10, Alaska Rules
of Administration; and providing for an effective date."
1:38:41 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), relayed
that HB 175 would address four inconsistencies in current law.
She explained that Sections 1, 2, and 6 - pertaining
respectively to AS 12.25.150, rights of prisoner after arrest,
AS 12.70.130, arrest without warrant of a person charged with a
crime in another state, and Rule 5(a)(1) of the Alaska Rules of
Criminal Procedure, proceedings before the judge or magistrate -
would conform those provisions of law to reflect changes made
last year via House Bill 324. Specifically, that bill last year
increased the timeframe - from 24 hours to 48 hours - in which a
person must be brought before a judicial officer after being
arrested; unfortunately, that bill neglected to also make
conforming changes to AS 12.25.150 and AS 12.70.130.
MS. CARPENETI explained that Section 3 - pertaining to AS
28.15.131, license to be carried and exhibited on demand - would
conform that statute to current court rules - Alaska Rules of
Administration - which provide that not having one's valid
driver's license in one's possession while driving is merely a
correctable infraction, with bail set at $50, rather than a
class B misdemeanor. Section 4 - pertaining to AS 28.22.019,
proof of insurance to be carried and exhibited on demand [and]
penalty - would similarly conform that statute to current court
rules - Alaska Rules of Administration - which provide that not
having proof of insurance in one's possession while driving is
merely a correctable infraction, with a mandatory fine of $500,
rather than a class B misdemeanor with a discretionary minimum
fine of $500.
MS. CARPENETI explained that Section 5 - pertaining to AS
41.23.220, penalty [for committing violations in the Knik River
Public Use Area] - would conform that statute to AS 11.46.420,
pertaining to the crime arson in the third degree. Enacted in
2006, AS 41.23.220 and associated regulations provided that
burning a vehicle in the Knik River Public Use Area would be a
violation, with a bail amount of $50; in contrast, when enacted
in 2008, AS 11.46.420 provided that burning a vehicle on state
or municipal land would be a class C felony property crime.
Under Section 5, all burning of vehicles in public areas would
be a class C felony, and this is in keeping with the latest
expression of legislative intent as evidenced by the enactment
of AS 11.46.420.
MS. CARPENETI, referring again to Section 6, elaborated that
when Rule 5(a)(1) of the Alaska Rules of Criminal Procedure was
changed last year via the aforementioned House Bill 324, a
drafting error occurred. By rewriting Rule 5(a)(1), Section 6
corrects that error, which mistakenly defined a term that wasn't
being used in that rule. Section 6 would not be making a
substantive change to that court rule, she assured the
committee.
1:47:24 PM
REPRESENTATIVE GRUENBERG, on the issue of applicability,
referred to Section 8's subsection (a), which stipulates that
Sections 1 - 4 of the bill apply to arrests for offenses
committed before, on, or after the bill's effective date, and
subsection (b), which stipulates that Sections 5 - 7 apply to
offenses committed on or after the bill's effective date. He
questioned whether Section 8 should instead provide that
Section 6 of the bill has the same applicability as Sections 1
and 2, since all three sections address the same issue.
MS. CARPENETI concurred with that point and asked for an
opportunity to research the issue further. She ventured,
though, that perhaps Section 8 was drafted as it was merely as a
courtesy to the Alaska Court System (ACS), that its court rules
not be changed retroactively. She also noted that it shouldn't
make a difference either way, since the change from 24 hours to
48 hours was made to Rule 5(a)(1) of the Alaska Rules of
Administration last year. In response to a question regarding
Section 4, Ms. Carpeneti explained that the mandatory $500 fine
would only be assessed if the infraction is not corrected by
providing proof of insurance; this provision of the bill doesn't
address driving without automobile insurance altogether, but
rather only driving without proof of automobile insurance.
MS. CARPENETI, in response to comments and other questions,
reiterated portions of her explanation of Section 5, surmising
that the rationale for establishing the crime of arson in the
third degree back in 2008 was that a burning vehicle creates a
huge safety hazard for both life and property, and explained
that Section 7 provides notice that Section 5 would effect an
indirect court rule change, specifically to Rule 43.10 - Knik
River Public Use Area Bail Forfeiture Schedule - of the Alaska
Rules of Administration; that providing for a specific effective
date lets everyone know exactly when the new laws take effect;
and that the crime of arson in the third degree requires a
culpable mental state of "intentionally".
VICE CHAIR THOMPSON announced that the committee would hold
HB 175 over and keep public testimony open.
2:09:07 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:09 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB175 Hearing Request 03-02-11.pdf |
HJUD 3/9/2011 1:00:00 PM |
HB 175 |
| HB175 Sectional Analysis 03-02-11.pdf |
HJUD 3/9/2011 1:00:00 PM |
HB 175 |
| HB175 Version A 02-28-11.pdf |
HJUD 3/9/2011 1:00:00 PM |
HB 175 |
| HB175 Fiscal Note-DOC-OC 03-04-11.pdf |
HJUD 3/9/2011 1:00:00 PM |
HB 175 |
| HB175 Fiscal Note-DPS-DET 03-04-11.pdf |
HJUD 3/9/2011 1:00:00 PM |
HB 175 |
| HB175 Fiscal Note-LAW-CRIM 03-04-11.pdf |
HJUD 3/9/2011 1:00:00 PM |
HB 175 |
| HB175 Supporting Documents-Dept of Law #1.pdf |
HJUD 3/9/2011 1:00:00 PM |
HB 175 |
| HB175 Supporting Documents-Dept of Law #2.pdf |
HJUD 3/9/2011 1:00:00 PM |
HB 175 |
| HB175 Supporting Documents-Dept of Law #3.pdf |
HJUD 3/9/2011 1:00:00 PM |
HB 175 |
| HB175 Supporting Documents-Dept of Law #4.pdf |
HJUD 3/9/2011 1:00:00 PM |
HB 175 |
| HB175 Opposing Documents-Memo ACLU 03-09-11.pdf |
HJUD 3/9/2011 1:00:00 PM |
HB 175 |