Legislature(2007 - 2008)CAPITOL 120

04/13/2007 01:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 164 OCEAN RANGERS & REPORTING VESSEL LOCATION TELECONFERENCED
<Bill Hearing Canceled>
*+ HB 225 POSSESSION OF WEAPON WHILE ON BAIL TELECONFERENCED
Heard & Held
+ HB 220 BAN COMPUTER-ASSISTED REMOTE HUNTING TELECONFERENCED
Moved CSHB 220(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 14 RESTRICT ACCESS TO ALCOHOL TELECONFERENCED
Moved CSHB 14(JUD) Out of Committee
<Bill Hearing Rescheduled from 04/11/07>
+= HB 90 BAIL TELECONFERENCED
Moved CSHB 90(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 13, 2007                                                                                         
                           1:08 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative John Coghill                                                                                                     
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Mike Doogan                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 225                                                                                                              
"An Act relating to misconduct involving weapons and bail."                                                                     
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 14                                                                                                               
"An Act  relating to the  purchase of alcoholic beverages  and to                                                               
access  to licensed  premises; relating  to  civil liability  for                                                               
certain persons  accessing licensed premises;  requiring driver's                                                               
licenses and  identification cards  to be marked  if a  person is                                                               
restricted from  consuming alcoholic beverages  as a result  of a                                                               
conviction or  condition of probation  or parole and  relating to                                                               
fees  for the  marked license;  and requiring  the surrender  and                                                               
cancellation of driver's licenses under certain circumstances."                                                                 
                                                                                                                                
     - MOVED CSHB 14(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 90                                                                                                               
"An Act relating to bail."                                                                                                      
                                                                                                                                
     - MOVED CSHB 90(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 220                                                                                                              
"An Act prohibiting computer-assisted remote hunting."                                                                          
                                                                                                                                
     - MOVED CSHB 220(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 164                                                                                                              
"An  Act relating  to  reporting of  vessel  location by  certain                                                               
commercial passenger  vessels operating  in the marine  waters of                                                               
the state, to access to  vessels by licensed marine engineers for                                                               
purposes  of   monitoring  compliance  with  state   and  federal                                                               
requirements,  and to  the obligations  of those  engineers while                                                               
aboard the vessels; and providing for an effective date."                                                                       
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 225                                                                                                                  
SHORT TITLE: POSSESSION OF WEAPON WHILE ON BAIL                                                                                 
SPONSOR(S): REPRESENTATIVE(S) JOHNSON                                                                                           
                                                                                                                                
03/27/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/07       (H)       JUD, FIN                                                                                               
04/13/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 14                                                                                                                   
SHORT TITLE: RESTRICT ACCESS TO ALCOHOL                                                                                         
SPONSOR(S): REPRESENTATIVE(S) CRAWFORD                                                                                          
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       L&C, JUD, FIN                                                                                          
02/09/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/09/07       (H)       -- Meeting Canceled --                                                                                 
02/23/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/23/07       (H)       Scheduled But Not Heard                                                                                
02/26/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/26/07       (H)       -- MEETING CANCELED --                                                                                 
02/28/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/28/07       (H)       Moved CSHB 14(L&C) Out of Committee                                                                    
02/28/07       (H)       MINUTE(L&C)                                                                                            
03/01/07       (H)       L&C RPT CS(L&C) NT 2DP 5NR                                                                             
03/01/07       (H)       DP: GARDNER, LEDOUX                                                                                    
03/01/07       (H)       NR: BUCH, NEUMAN, RAMRAS, GATTO, OLSON                                                                 
04/11/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/11/07       (H)       <Bill Hearing Rescheduled to 04/13/07>                                                                 
04/13/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 90                                                                                                                   
SHORT TITLE: BAIL                                                                                                               
SPONSOR(S): REPRESENTATIVE(S) SAMUELS, STOLTZE                                                                                  
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/12/07                                                                               
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       JUD                                                                                                    
02/05/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/05/07       (H)       <Bill Hearing Rescheduled to 02/08/07>                                                                 
02/08/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/08/07       (H)       <Bill Hearing Canceled>                                                                                
02/12/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/12/07       (H)       <Bill Hearing Canceled>                                                                                
03/28/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/28/07       (H)       Scheduled But Not Heard                                                                                
03/30/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/30/07       (H)       -- MEETING CANCELED --                                                                                 
04/10/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/10/07       (H)       Heard & Held                                                                                           
04/10/07       (H)       MINUTE(JUD)                                                                                            
04/13/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 220                                                                                                                  
SHORT TITLE: BAN COMPUTER-ASSISTED REMOTE HUNTING                                                                               
SPONSOR(S): REPRESENTATIVE(S) BUCH                                                                                              
                                                                                                                                
03/26/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/26/07       (H)       RES, JUD, FIN                                                                                          
04/02/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/02/07       (H)       Moved CSHB 220(RES) Out of Committee                                                                   
04/02/07       (H)       MINUTE(RES)                                                                                            
04/03/07       (H)       RES RPT CS(RES) 6DP 3NR                                                                                
04/03/07       (H)       DP: ROSES, WILSON, GUTTENBERG, EDGMON,                                                                 
                         SEATON, GATTO                                                                                          
04/03/07       (H)       NR: KAWASAKI, KOHRING, JOHNSON                                                                         
04/13/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE CRAIG JOHNSON                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 225.                                                                                       
                                                                                                                                
GERALD LUCKHAUPT, Attorney                                                                                                      
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to a question during discussion                                                                
of HB 225.                                                                                                                      
                                                                                                                                
JEANNE OSTNES, Staff                                                                                                            
to Representative Craig Johnson                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to a question during discussion                                                                
of HB 225.                                                                                                                      
                                                                                                                                
GARDNER COBB, Captain                                                                                                           
Anchorage Police Department (APD)                                                                                               
Municipality of Anchorage (MOA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 225.                                                                          
                                                                                                                                
WALT MONEGAN, Commissioner                                                                                                      
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to a question during discussion                                                                
of HB 225.                                                                                                                      
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section-Juneau                                                                                                   
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to questions during discussion of                                                              
HB 225.                                                                                                                         
                                                                                                                                
REPRESENTATIVE HARRY CRAWFORD                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 14.                                                                                        
                                                                                                                                
ED O'NEILL                                                                                                                      
Brown Jug, Inc. ("Brown Jug")                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided comments during discussion of                                                                   
HB 225.                                                                                                                         
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section-Juneau                                                                                                   
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to questions during discussion of                                                              
proposed amendments to HB 90, Version K.                                                                                        
                                                                                                                                
QUINLAN G. STEINER, Director                                                                                                    
Central Office                                                                                                                  
Public Defender Agency (PDA)                                                                                                    
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to questions during discussion of                                                              
proposed amendments to HB 90, Version K.                                                                                        
                                                                                                                                
DWAYNE PEEPLES, Deputy Commissioner                                                                                             
Office of the Commissioner - Juneau                                                                                             
Department of Corrections (DOC)                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to questions during discussion of                                                              
proposed amendments to HB 90, Version K.                                                                                        
                                                                                                                                
REPRESENTATIVE BOB BUCH                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 220.                                                                                       
                                                                                                                                
JOE KLUTSCH, President                                                                                                          
Alaska Professional Hunters Association (APHA)                                                                                  
King Salmon, Alaska                                                                                                             
POSITION STATEMENT:  Testified in support of HB 220.                                                                          
                                                                                                                                
BURKE WALDRON, Lieutenant                                                                                                       
Alaska Bureau of Wildlife Enforcement                                                                                           
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided a comment during discussion of                                                                  
HB 220.                                                                                                                         
                                                                                                                                
DICK BISHOP, President                                                                                                          
Alaska Outdoor Council (AOC)                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 220.                                                                          
                                                                                                                                
KEVIN SAXBY, Senior Assistant Attorney General                                                                                  
Natural Resources Section                                                                                                       
Civil Division (Anchorage)                                                                                                      
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 220, Version E.                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to  order  at  1:08:22  PM.    Representatives  Coghill,                                                             
Samuels, Lynn, Holmes, Gruenberg, and  Ramras were present at the                                                               
call   to  order.      Representative   Dahlstrom  was   excused.                                                               
Representative Doogan was also in attendance.                                                                                   
                                                                                                                                
HB 225 - POSSESSION OF WEAPON WHILE ON BAIL                                                                                   
                                                                                                                                
1:08:49 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE  BILL NO.  225, "An  Act relating  to misconduct  involving                                                               
weapons and bail."                                                                                                              
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to   adopt  the  proposed  committee                                                               
substitute  (CS)  for  HB 225,  Version  25-LS0710\M,  Luckhaupt,                                                               
4/11/07, as the work draft.   There being no objection, Version M                                                               
was before the committee.                                                                                                       
                                                                                                                                
1:09:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAIG JOHNSON,  Alaska State Legislature, sponsor,                                                               
relayed that under Version M of HB  225, it would be a felony for                                                               
a  person to  possess  a  concealed firearm  while  he/she is  on                                                               
release, before  or after trial,  for the commission of  a felony                                                               
under AS  11, a crime  against a person  under AS 11.41,  a crime                                                               
involving domestic  violence (DV),  or a municipal  crime similar                                                               
to the latter two crimes;  currently such behavior merely results                                                               
in the person having his/her  release revoked.  He mentioned that                                                               
HB  225 is  endorsed  by  most law  enforcement  agencies in  the                                                               
state.                                                                                                                          
                                                                                                                                
CHAIR  RAMRAS  asked  why  the   bill  only  addresses  concealed                                                               
weapons.                                                                                                                        
                                                                                                                                
REPRESENTATIVE JOHNSON indicated that he  didn't want the bill to                                                               
apply  in instances  where the  person on  release is  merely out                                                               
hunting.    The  bill  is  meant  to  address  instances  wherein                                                               
individuals  on release  for gang-related  crimes commit  further                                                               
gang-related crimes involving concealed  weapons.  In response to                                                               
a question,  he relayed that  he has  not yet heard  the National                                                               
Rifle Association's (NRA) position on this legislation.                                                                         
                                                                                                                                
REPRESENTATIVE   GRUENBERG  questioned   whether  Section   3  of                                                               
Version M contains a typo.                                                                                                      
                                                                                                                                
1:16:35 PM                                                                                                                    
                                                                                                                                
GERALD   LUCKHAUPT,   Attorney,    Legislative   Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency  (LAA), explained  that it  does not  contain a  typo, but                                                               
rather was  written to include  all felonies  under AS 11  - even                                                               
those not committed  against a person - and all  crimes against a                                                               
person  under AS  11.41 -  whether felony  crimes or  misdemeanor                                                               
crimes.                                                                                                                         
                                                                                                                                
1:17:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL   questioned  whether,  in   applying  to                                                               
someone who has  not yet been convicted of a  crime, HB 225 would                                                               
infringe upon a person's constitutional rights.                                                                                 
                                                                                                                                
JEANNE  OSTNES, Staff  to  Representative  Craig Johnson,  Alaska                                                               
State Legislature, sponsor, offered,  on behalf of Representative                                                               
Johnson, her  understanding that a  person would be  charged with                                                               
the crime created by  HB 225 even if later he/she  is found to be                                                               
innocent of  the original crime  he/she was charged with  and was                                                               
on release for.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  COGHILL urged  caution  in  linking the  proposed                                                               
felony  crime with  the mere  charge of  a crime,  particularly a                                                               
misdemeanor crime.                                                                                                              
                                                                                                                                
1:20:25 PM                                                                                                                    
                                                                                                                                
GARDNER  COBB,   Captain,  Anchorage  Police   Department  (APD),                                                               
Municipality of  Anchorage (MOA),  relayed that the  APD supports                                                               
HB 225.   It is common  knowledge, he remarked, that  the gun per                                                               
capita ratio in Alaska is high,  though most of those guns are in                                                               
the hands of law-abiding citizens;  however, with the recent rise                                                               
in  violent crimes  across the  country  and the  surge in  youth                                                               
violence -  including the scourge  of gang motivated crimes  - in                                                               
Anchorage  and  other  parts  of  the state,  it  is  clear  that                                                               
resources should be  focused in order to bring down  the level of                                                               
violence,  and  the  APD  believes  that  HB  225  can  help  law                                                               
enforcement in this regard.  He  then recounted some of the steps                                                               
the  APD  has  taken  in  dealing  with  gang-related  and  gang-                                                               
motivated  crimes, and  mentioned that  since September  of 2005,                                                               
the APD has seized 74 guns that were out on the street.                                                                         
                                                                                                                                
MR. COBB  then referred to  a recent,  high-profile, gang-related                                                               
case wherein  in one of the  defendants was released on  bail and                                                               
was later found  in possession of a  stolen semiautomatic pistol.                                                               
He  mentioned that  because long  guns  are being  used in  gang-                                                               
related case  and DV cases,  the APD would  like to see  the bill                                                               
broadened to include all weapons  even those found in a subject's                                                               
vehicle.                                                                                                                        
                                                                                                                                
MR.  COBB,  offering that  the  APD  views  HB 225  as  important                                                               
legislation,  noted that  AS 12.30.023(a)(11)(A)  says the  court                                                               
can order the defendant not to  have a firearm in the defendant's                                                               
possession or  control, in any  vehicle over which  the defendant                                                               
has control, or in the  defendant's residence.  He suggested that                                                               
including such language  in HB 225 would be  helpful because once                                                               
a suspect  in a vehicle  is stopped and is  asked to step  out of                                                               
the vehicle, he/she simply hides his/her weapons in the vehicle.                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG   noted  that   AS  12.30.023(a)(11)(B)                                                               
stipulates that  the court  can also order  the defendant  to not                                                               
carry a knife other than an  ordinary pocket knife, and asked Mr.                                                               
Cobb whether  he would like to  see such a provision  included in                                                               
HB 225.                                                                                                                         
                                                                                                                                
MR. COBB  said, "I  would like to  see a person  out on  bail for                                                               
violent crimes  and DV be  restricted from any  dangerous weapons                                                               
within their immediate control."                                                                                                
                                                                                                                                
1:28:05 PM                                                                                                                    
                                                                                                                                
WALT MONEGAN,  Commissioner, Department  of Public  Safety (DPS),                                                               
added that  the DPS  is happy  with the  current language  in the                                                               
bill.    Regarding the  concern  that  the  bill would  apply  to                                                               
someone  who is  charged but  not yet  convicted, he  pointed out                                                               
that  the  person would  also  only  be  charged with  the  crime                                                               
provided  for in  HB  225,  and thus  there  would  still be  due                                                               
process afforded for both charges.   House Bill 225, he remarked,                                                               
will give law enforcement the  ability to act in situations where                                                               
a  suspect  released  on  bail  is  found  carrying  a  concealed                                                               
firearm.                                                                                                                        
                                                                                                                                
1:29:46 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section-Juneau, Criminal  Division, Department  of Law  (DOL), in                                                               
response  to the  constitutional  issue  raised earlier,  relayed                                                               
that  there are  two  reasons  why HB  225  would  not violate  a                                                               
person's constitutional  right to keep  and bear arms:   the bill                                                               
is limited to a  person who is released on bail  - thus there has                                                               
been  a   probable  cause  determination  that   the  person  has                                                               
committed a crime involving either  violent or felonious behavior                                                               
- and  it's limited to  the carrying of  a concealed weapon.   In                                                               
response  to  comments and  questions,  she  noted that  probable                                                               
cause  is the  standard that's  used for  all charges;  that some                                                               
property crimes  can involve threats  of violence; that  the bill                                                               
would apply in instances involving  fourth degree assault because                                                               
in such  instances the victim  could be  placed in fear  of being                                                               
assaulted.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  COGHILL suggested  that  the bill  be amended  to                                                               
specify that it applies to higher-level crimes.                                                                                 
                                                                                                                                
CHAIR RAMRAS relayed that HB 225 [Version M] would be held over.                                                                
                                                                                                                                
HB 14 - RESTRICT ACCESS TO ALCOHOL                                                                                            
                                                                                                                                
1:34:16 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE BILL NO. 14, "An Act  relating to the purchase of alcoholic                                                               
beverages and to  access to licensed premises;  relating to civil                                                               
liability  for  certain   persons  accessing  licensed  premises;                                                               
requiring  driver's  licenses  and  identification  cards  to  be                                                               
marked  if  a  person  is  restricted  from  consuming  alcoholic                                                               
beverages as a  result of a conviction or  condition of probation                                                               
or  parole and  relating  to  fees for  the  marked license;  and                                                               
requiring  the surrender  and cancellation  of driver's  licenses                                                               
under  certain   circumstances."    [Before  the   committee  was                                                               
CSHB 14(L&C).]                                                                                                                  
                                                                                                                                
CHAIR RAMRAS turned the gavel over to Representative Lynn.                                                                      
                                                                                                                                
REPRESENTATIVE  SAMUELS moved  to  adopt  the proposed  committee                                                               
substitute  (CS)  for  HB  14,  Version  25-LS0095\V,  Luckhaupt,                                                               
3/5/07, as the  work draft.  There being no  objection, Version V                                                               
was before the committee.                                                                                                       
                                                                                                                                
1:35:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HARRY   CRAWFORD,  Alaska   State   Legislature,                                                               
sponsor, indicated that  HB 14 is meant to  address drunk driving                                                               
and the  carnage that  alcohol causes throughout  the state.   He                                                               
recounted that after his own  experience wherein his wife was hit                                                               
by  a drunk  driver, he  realized that  drunk driving  is a  more                                                               
pervasive  problem  [than he'd  originally  thought].   He  said,                                                               
"Today, we'll have a number of  people drive drunk in this state;                                                               
a number  of them will  be charged, a  number of them  will cause                                                               
accidents, and  there may even  be deaths today because  of drunk                                                               
driving or other alcohol-related offenses."                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD mentioned that  he has been attempting to                                                               
get this legislation passed for  three years, and that there have                                                               
been a  lot of  iterations of  the bill,  which is  attempting to                                                               
prevent  those  who've proven  they  don't  have the  ability  to                                                               
handle  alcohol from  buying and  consuming alcohol.   Currently,                                                               
although  a judge  can  order  a person  to  refrain from  buying                                                               
alcohol or entering  premises where alcohol is  sold, such orders                                                               
are not  enforced because those  who are under such  orders can't                                                               
be identified.   House  Bill 14  establishes a  voluntary program                                                               
for licensees  that will provide them  with a method by  which to                                                               
identify persons  who have  been ordered  to refrain  from buying                                                               
alcohol or entering premises where alcohol is sold.                                                                             
                                                                                                                                
REPRESENTATIVE CRAWFORD  said that  because the  proposed program                                                               
is voluntary, there  won't be any penalty against  a licensee who                                                               
chooses not to check a  person's identification (ID) card for the                                                               
purpose of  determining whether  the person  has been  ordered by                                                               
the court  to refrain  from buying  alcohol or  entering premises                                                               
where alcohol is  sold.  However, if a licensee  chooses to check                                                               
a person's  ID, under  HB 14,  that ID will  have been  marked in                                                               
such a  way that a  license will know  whether a person  is under                                                               
such an order.  The bill  also provides licensees with a monetary                                                               
incentive  to  check  a  person's  ID; if  a  licensee  checks  a                                                               
person's ID  and determines that  the person has been  ordered to                                                               
refrain from  buying alcohol or  entering premises  where alcohol                                                               
is sold, the licensee could receive $1,000 in civil damages.                                                                    
                                                                                                                                
1:40:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD said  that HB  14 focuses  on prevention                                                               
rather than  on punishment  since the latter  alone has  not been                                                               
effective,  adding  that  many Alaskans  no  longer  have  intact                                                               
families because  of those  who've proven  they are  incapable of                                                               
handling alcohol.   In  response to a  question, he  relayed that                                                               
the bill  only pertains to  people who  have been ordered  by the                                                               
court to refrain  from buying alcohol or  entering premises where                                                               
alcohol is sold.                                                                                                                
                                                                                                                                
REPRESENTATIVE  CRAWFORD,   in  response  to   another  question,                                                               
indicated that a licensee is only  liable if he/she asks to see a                                                               
person's ID, sees  that the person has been ordered  by the court                                                               
to  refrain  from  buying  alcohol  or  entering  premises  where                                                               
alcohol is sold,  and then proceeds to serve or  sell that person                                                               
alcohol anyway.   If a  licensee never  asks to see  the person's                                                               
ID, then the licensee wouldn't be liable under the bill.                                                                        
                                                                                                                                
REPRESENTATIVE  SAMUELS  noted  that  some  establishments  check                                                               
everyone's ID and so such establishments could be held liable.                                                                  
                                                                                                                                
REPRESENTATIVE CRAWFORD, in  response to a question,  said that a                                                               
person who has  been ordered by the court to  refrain from buying                                                               
alcohol  or entering  premises  where alcohol  is  sold could  be                                                               
subject  to a  $1,000  civil  penalty -  which  would  go to  the                                                               
licensee -  if the  person attempts to  purchase alcohol  and the                                                               
licensee checks the person's ID and  sees that the person may not                                                               
purchase alcohol.                                                                                                               
                                                                                                                                
1:47:06 PM                                                                                                                    
                                                                                                                                
ED O'NEILL, Brown  Jug, Inc. ("Brown Jug"), noting  that April is                                                               
Sexual Assault  Awareness Month,  relayed that  Brown Jug  does a                                                               
lot of Bush  order business, and therefore would like  to see IDs                                                               
getting  marked as  HB 225  proposes  so that  the company  could                                                               
refrain from shipping alcohol to  those that have been ordered by                                                               
the court  to refrain  from buying  alcohol or  entering premises                                                               
where  alcohol is  sold.   Keeping alcohol  out of  the hands  of                                                               
people  who shouldn't  have it  will help  in the  battle against                                                               
sexual  assault  as  well  as  drunk driving.    He  offered  his                                                               
company's hope that the bill  will be allowed to continue through                                                               
the process.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  announced  that the  committee  would  hold                                                               
HB 14 [Version V] over until later in the meeting.                                                                              
                                                                                                                                
[Following was  a brief discussion  regarding which bill  to take                                                               
up next.]                                                                                                                       
                                                                                                                                
The committee took an at-ease from 1:49 p.m. to 1:50 p.m.                                                                       
                                                                                                                                
HB 90 - BAIL                                                                                                                  
                                                                                                                                
1:50:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN announced  that the  next order  of business                                                               
would be HOUSE  BILL NO. 90, "An Act relating  to bail."  [Before                                                               
the  committee was  the proposed  committee  substitute (CS)  for                                                               
HB 90,  Version 25-LS0331\K,  Luckhaupt, 3/7/07,  which had  been                                                               
adopted as the work draft on 4/10/07.]                                                                                          
                                                                                                                                
REPRESENTATIVE  SAMUELS, joint  prime sponsor  of HB  90, made  a                                                               
motion  to adopt  Amendment 1,  which read  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 2, line 16                                                                                                            
     (A) sexual penetration;                                                                                                
                                                                                                                                
     Page 4, line 28                                                                                                            
     for court review; and                                                                                                  
                                                                                                                                
     Page 5, line 1                                                                                                             
     spent in a [AN] private residence...                                                                                   
                                                                                                                                
     Page 6, line 5                                                                                                             
     Applications based on claim of ineffective assistance                                                                  
     of counsel.                                                                                                            
                                                                                                                                
REPRESENTATIVE  LYNN asked  whether  there  were any  objections.                                                               
There being none, Amendment 1 was adopted.                                                                                      
                                                                                                                                
REPRESENTATIVE SAMUELS made a motion  to adopt Amendment 2, which                                                               
read [original punctuation provided]:                                                                                           
                                                                                                                                
     Page 3, after line 7                                                                                                       
     (4) hindering prosecution of murder;                                                                                       
     Renumber accordingly                                                                                                       
                                                                                                                                
REPRESENTATIVE  LYNN asked  whether  there  were any  objections.                                                               
There being none, Amendment 2 was adopted.                                                                                      
                                                                                                                                
1:52:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS made a motion  to adopt Amendment 3, which                                                               
read [original punctuation provided]:                                                                                           
                                                                                                                                
     Page 3, line 16                                                                                                            
     (j)...unless   the  prosecuting   authority  stipulates                                                                    
     otherwise or  a defendant  has been incarcerated  for a                                                                
     period  equal  to the  maximum  sentence  for the  most                                                                
     serious charge  for which the defendant  is being held,                                                                
     a judicial officer may not...                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
1:53:24 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section-Juneau,  Criminal  Division,  Department  of  Law  (DOL),                                                               
relayed that Amendment 3 was  suggested by Quinlan Steiner of the                                                               
Public Defender  Agency as a way  to ensure that a  person is not                                                               
imprisoned longer  than a  given charge  warrants.   Amendment 3,                                                               
she indicated,  would probably only  apply in  situations wherein                                                               
the person  is held on bail  for a charge of  disorderly conduct,                                                               
which has a maximum term of imprisonment of 10 days.                                                                            
                                                                                                                                
1:54:04 PM                                                                                                                    
                                                                                                                                
QUINLAN  G. STEINER,  Director, Central  Office, Public  Defender                                                               
Agency (PDA), Department of  Administration (DOA), concurred that                                                               
he'd suggested this language as a  way to ensure that a person is                                                               
not imprisoned longer than a  given charge warrants.  In response                                                               
to comments and a question  regarding potential delays in getting                                                               
a trial,  he said  he could  envision using  alternative language                                                               
along  the  lines of,  "reasonable  likelihood  that the  maximum                                                               
sentence has been reached".                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG said  he merely wants the  court to have                                                               
some discretion.                                                                                                                
                                                                                                                                
MS. CARPENETI said she is  not concerned because, under the bill,                                                               
either  as currently  written or  with Amendment  3, a  defendant                                                               
would be able to get an  additional bail hearing since a delay in                                                               
getting  a trial  would constitute  a change  in circumstances  -                                                               
"new information" - that the  defendant wouldn't have known about                                                               
during a previous bail hearing.                                                                                                 
                                                                                                                                
MR. STEINER  disagreed, adding that  it would be hard  to predict                                                               
how the courts would view this provision.                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he is  concerned about  potential                                                               
ambiguity and  therefore he wants the  administration to research                                                               
that point.                                                                                                                     
                                                                                                                                
MS. CARPENETI  reiterated her belief  that use of the  term, "new                                                               
information" is sufficient  for a number of  circumstances and so                                                               
a  defendant  would  still  be  able  to  schedule  another  bail                                                               
hearing.                                                                                                                        
                                                                                                                                
[Representative Lynn returned the gavel to Chair Ramras.]                                                                       
                                                                                                                                
REPRESENTATIVE SAMUELS assured the  committee that if Amendment 3                                                               
is adopted  he will work  with the administration to  ensure that                                                               
nothing  more  needs to  be  done  to  address the  concern  that                                                               
Amendment 3 is meant to alleviate.                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection to Amendment 3.                                                                  
                                                                                                                                
CHAIR  RAMRAS noted  that there  were no  further objections  and                                                               
announced that Amendment 3 was adopted.                                                                                         
                                                                                                                                
2:03:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS made a motion  to adopt Amendment 4, which                                                               
read [original punctuation provided]:                                                                                           
                                                                                                                                
     Page 5, lines 3 and 4: delete all material and insert:                                                                     
           (c) Period of probation, together with any                                                                           
     extension, may not exceed                                                                                                  
             (1) except as provided in (2) of this                                                                          
     section, 10 years;                                                                                                     
           (2) for a person convicted of a felony sex                                                                       
     offense, 25 years.                                                                                                     
                                                                                                                                
[Following was a brief discussion  regarding a different proposed                                                               
amendment.]                                                                                                                     
                                                                                                                                
[The motion  to adopt Amendment  4 was  left pending, and  HB 90,                                                               
Version  K,  as  amended,  was  set  aside  until  later  in  the                                                               
meeting.]                                                                                                                       
                                                                                                                                
The committee took an at-ease from 2:05 p.m. to 2:06 p.m.                                                                       
                                                                                                                                
HB 14 - RESTRICT ACCESS TO ALCOHOL                                                                                            
                                                                                                                                
2:06:36 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  announced that the  committee would next  return to                                                               
the  hearing on  HOUSE  BILL  NO. 14,  "An  Act  relating to  the                                                               
purchase  of  alcoholic  beverages  and  to  access  to  licensed                                                               
premises;  relating  to  civil   liability  for  certain  persons                                                               
accessing  licensed  premises;  requiring driver's  licenses  and                                                               
identification cards to be marked  if a person is restricted from                                                               
consuming  alcoholic beverages  as a  result of  a conviction  or                                                               
condition of  probation or  parole and relating  to fees  for the                                                               
marked license;  and requiring the surrender  and cancellation of                                                               
driver's  licenses under  certain  circumstances."   [Before  the                                                               
committee was the  proposed committee substitute (CS)  for HB 14,                                                               
Version 25-LS0095\V,  Luckhaupt, 3/5/07,  which had  been adopted                                                               
as the work draft earlier in the meeting.]                                                                                      
                                                                                                                                
REPRESENTATIVE  SAMUELS moved  to report  the proposed  committee                                                               
substitute  (CS)  for  HB  14,  Version  25-LS0095\V,  Luckhaupt,                                                               
3/5/07, out of committee with  individual recommendations and the                                                               
accompanying   fiscal  notes.      There   being  no   objection,                                                               
CSHB 14(JUD)  was  reported  from the  House  Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
HB 90 - BAIL                                                                                                                  
                                                                                                                                
2:07:44 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  announced that the  committee would next  return to                                                               
the hearing  on HOUSE  BILL NO.  90, "An  Act relating  to bail."                                                               
[Before the committee was the  proposed committee substitute (CS)                                                               
for  HB 90,  Version  25-LS0331\K, Luckhaupt,  3/7/07, which  had                                                               
been adopted as the work draft  on 4/10/07 and amended earlier in                                                               
the  meeting; left  pending from  earlier  in the  meeting was  a                                                               
motion to adopt Amendment 4.]                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG   objected  to  the  motion   to  adopt                                                               
Amendment  4   [text  provided  previously].     He  offered  his                                                               
understanding that the normal minimum  term of imprisonment for a                                                               
felony sex crime is 15 years.                                                                                                   
                                                                                                                                
2:08:48 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section-Juneau,  Criminal  Division,  Department  of  Law  (DOL),                                                               
clarified that the minimum term of  imprisonment is 5 years for a                                                               
class C  felony sex offense,  10 years for  a class B  felony sex                                                               
offense, and  15 years  for an  unclassified felony  sex offense.                                                               
In response  to a  question, she  offered her  understanding that                                                               
the  legislature's rationale  behind  providing  long periods  of                                                               
probation  for sex  offenders  stems from  the  fact that  having                                                               
serious supervision  and control over  sex offenders is  the best                                                               
way to  manage them; in  this way, the Department  of Corrections                                                               
(DOC) can spot  when a person is moving away  from compliance and                                                               
towards re-offending.                                                                                                           
                                                                                                                                
2:11:13 PM                                                                                                                    
                                                                                                                                
DWAYNE PEEPLES,  Deputy Commissioner, Office of  the Commissioner                                                               
-  Juneau,   Department  of  Corrections  (DOC),   remarked  that                                                               
[without  the  adoption  of Amendment  4],  the  proposed  longer                                                               
probation period would apply to  everyone, and the DOC feels that                                                               
such  a  change would  place  a  heavy burden  on  the  DOC.   He                                                               
mentioned that  the department  has submitted  only indeterminate                                                               
fiscal notes  for HB  90, and  offered his  belief that  many who                                                               
would  re-offend  would  do  so   within  10-16  years  of  being                                                               
released.                                                                                                                       
                                                                                                                                
REPRESENTATIVE   GRUENBERG  suggested,   in   lieu  of   adopting                                                               
Amendment 4,  altering proposed AS  12.55.090 such that  a period                                                               
of probation,  together with any  extension, may not  extend more                                                               
than  10 years  beyond  the mandatory  minimum  sentence for  any                                                               
given crime.                                                                                                                    
                                                                                                                                
MR.  PEEPLES sought  confirmation  that  [existing and  proposed]                                                               
AS 12.55.090(c) is discretionary.                                                                                               
                                                                                                                                
MS.  CARPENETI relayed  that  it is  discretionary  and that  the                                                               
proposed  change would  allow the  court to  institute a  25-year                                                               
probation period  in instances  where the  court feels  that such                                                               
supervision is  necessary.  Treatment  experts have  relayed that                                                               
the goal with  sex offenders is to extend the  period between re-                                                               
offenses; thus  the longer authorities can  have supervision over                                                               
sex offenders, the better, because  it is very difficult to treat                                                               
sex offenders in  any way other than to control  them via the use                                                               
of  regular  polygraph  examinations  and  regular  reporting  to                                                               
probation/parole officers.                                                                                                      
                                                                                                                                
CHAIR RAMRAS offered his understanding  that although rapists, as                                                               
they get older,  may lose interest in  raping victims, pedophiles                                                               
never lose interest  in molesting children and  must therefore be                                                               
managed/supervised their whole lives.                                                                                           
                                                                                                                                
2:14:10 PM                                                                                                                    
                                                                                                                                
MR.  PEEPLES relayed  that  the DOC  is unable  at  this time  to                                                               
determine the fiscal impact of HB 90.                                                                                           
                                                                                                                                
QUINLAN  G. STEINER,  Director, Central  Office, Public  Defender                                                               
Agency (PDA), Department of  Administration (DOA), indicated that                                                               
he can't  speak to whether  proposed AS 12.55.090 or  Amendment 4                                                               
would be of any benefit, but said he agrees that most re-                                                                       
offenses would occur within 15 years of release.                                                                                
                                                                                                                                
REPRESENTATIVE   GRUENBERG   asked   whether   stipulating,   via                                                               
Amendment 4, that the increased  probation period applies only to                                                               
felony sex offenses is sufficient.                                                                                              
                                                                                                                                
MR. PEEPLES indicated that it is.                                                                                               
                                                                                                                                
REPRESENTATIVE LYNN said  he is tempted to offer  an amendment to                                                               
the  amendment that  would result  in sex  offenders never  being                                                               
released from prison.                                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection to Amendment 4.                                                                  
                                                                                                                                
CHAIR  RAMRAS noted  that there  were no  further objections  and                                                               
announced that Amendment 4 was adopted.                                                                                         
                                                                                                                                
2:17:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS, joint  prime sponsor  of HB  90, made  a                                                               
motion  to adopt  Amendment 5,  which read  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 1, between lines 12 and 13                                                                                            
       (a) A person commits the crime of violation by sex                                                                       
      offender of condition of probation or parole if the                                                                       
     person                                                                                                                     
       (1) is on probation or parole for conviction of a                                                                        
     sex offense;                                                                                                               
        (2) has served the entire term of incarceration                                                                     
     imposed for conviction of the sex offense; and                                                                         
          (3) either                                                                                                        
                                                                                                                                
REPRESENTATIVE HOLMES objected for the purpose of discussion.                                                                   
                                                                                                                                
MS. CARPENETI offered that Amendment 5  came about as a result of                                                               
a conversation  between the DOL and  the DOC, and is  intended to                                                               
avoid a  large fiscal note  and address a concern  regarding what                                                               
happens in  instances where  a sex offender  is on  probation but                                                               
has run  out of incarceration time  and thus has no  incentive to                                                               
continue taking  polygraph examinations or continue  with his/her                                                               
treatment  program.   Amendment 5  provides "that  it's a  crime"                                                               
only if the person has no  more time left on his/her sentence for                                                               
the underlying sex offense.                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLMES removed her objection.                                                                                    
                                                                                                                                
CHAIR  RAMRAS noted  that there  were no  further objections  and                                                               
announced that Amendment 5 was adopted.                                                                                         
                                                                                                                                
2:19:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS made a motion to adopt Amendment 6, which                                                                
read [original punctuation provided]:                                                                                           
                                                                                                                                
     Page 4, line 24                                                                                                            
     (2) must  be confined  at all times  to the  grounds of                                                                    
     the  facility  or be  in  the  physical custody  of  an                                                                    
     employee of the facility,  except for court appearances                                                                
     or meetings with counsel;                                                                                              
                                                                                                                                
CHAIR RAMRAS asked whether there were any objections.  There                                                                    
being none, Amendment 6 was adopted.                                                                                            
                                                                                                                                
REPRESENTATIVE SAMUELS noted that Amendment 1, which was already                                                                
adopted, is similar to Amendment 7, labeled 25-LS0331\K.2,                                                                      
Luckhaupt, 4/13/07, which read:                                                                                                 
                                                                                                                                
     Page 4, line 28, following "review;":                                                                                      
          Insert "and"                                                                                                          
                                                                                                                                
     Page 5, line 1:                                                                                                            
          Delete "an"                                                                                                           
          Insert "a"                                                                                                            
                                                                                                                                
     Page 6, line 5, following "ineffective":                                                                                 
          Insert "assistance of"                                                                                              
                                                                                                                                
     Page 6, line 7:                                                                                                            
          Delete "applicant's attorney"                                                                                         
          Insert "assistance the applicant's attorney                                                                           
     provided"                                                                                                                  
                                                                                                                                
CHAIR RAMRAS made a motion to adopt Amendment 7 as amended to                                                                   
read:                                                                                                                           
                                                                                                                                
     Page 6, line 7:                                                                                                            
          Delete "applicant's attorney"                                                                                         
     Insert "assistance the applicant's attorney provided"                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG relayed that he has no objection to                                                                    
Amendment 7, as amended.                                                                                                        
                                                                                                                                
REPRESENTATIVE SAMUELS objected.                                                                                                
                                                                                                                                
CHAIR  RAMRAS  offered his  understanding  that  Amendment 7,  as                                                               
amended, pertains  to the  new provision  addressing applications                                                               
based on claim of ineffective counsel - proposed AS 12.72.025.                                                                  
                                                                                                                                
MS.  CARPENETI  concurred,  adding  that  proposed  AS  12.72.025                                                               
specifically  addresses second  applications for  post conviction                                                               
relief wherein  the applicant is claiming  his/her first attorney                                                               
did not provide effective assistance of counsel.                                                                                
                                                                                                                                
2:22:33 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS  offered  that Amendment  7,  as  amended,  doesn't                                                               
change the meaning of the  aforementioned provision and is merely                                                               
a "housekeeping" amendment.                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that   the  technical  term  is                                                               
"ineffective assistance of counsel".                                                                                            
                                                                                                                                
MS.  CARPENETI said  she  has  no objection  to  Amendment 7,  as                                                               
amended.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SAMUELS removed his objection.                                                                                   
                                                                                                                                
CHAIR  RAMRAS  announced  that   Amendment  7,  as  amended,  was                                                               
adopted.                                                                                                                        
                                                                                                                                
2:23:08 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS [made  a motion to adopt] Amendment 8  - labeled 25-                                                               
LS0331\K.1,  Luckhaupt,  4/12/07  -  and said  it  would  augment                                                               
Amendment  1  and  that  it should  be  considered  a  conceptual                                                               
amendment so that the drafter  can integrate it with Amendment 6;                                                               
Amendment 8 read:                                                                                                               
                                                                                                                                
     Page 4, line 25, following "facility":                                                                                     
          Insert "unless the person is at work or traveling                                                                     
     to or from work"                                                                                                           
                                                                                                                                
CHAIR  RAMRAS explained  that  Conceptual  Amendment 8  addresses                                                               
those people who are attending  a treatment program that requires                                                               
its participants to work as part of treatment.                                                                                  
                                                                                                                                
MS. CARPENETI,  in response  to a question,  said that  the DOL's                                                               
concern  with Conceptual  Amendment  8 is  that  Nygren credit  -                                                             
credit against  a sentence  of imprisonment -  is supposed  to be                                                               
for treatment  programs that are  similar to incarceration  - the                                                               
courts  have  already held  this  in  both  the Nygren  case  and                                                             
various  other cases  - and  so treatment  programs that  allow a                                                               
person  to leave  a facility  in  order to  work unsupervised  by                                                               
anyone from  the facility  is a  program that  is not  similar to                                                               
incarceration and  thus shouldn't  qualify as a  program suitable                                                               
for  allowing the  defendant to  receive Nygren  credit for  time                                                             
spent in that program.                                                                                                          
                                                                                                                                
MR.  PEEPLES,  in  response  to  questions,  confirmed  that  the                                                               
halfway house  in Fairbanks  that is  part of  the DOC  would not                                                               
fall under the  definition of, "treatment center",  and said that                                                               
some of  the treatment beds  available at a facility  operated by                                                               
the  Salvation  Army are  usually  reserved  for those  receiving                                                               
post-sentence treatment.                                                                                                        
                                                                                                                                
MS.  CARPENETI pointed  out that  the provision  which Conceptual                                                               
Amendment 8 would alter -  proposed AS 12.55.027(c)(2) - pertains                                                               
to pre-sentence treatment.                                                                                                      
                                                                                                                                
2:27:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG surmised  that Conceptual  Amendment 8,                                                               
when  integrated   with  amendment   6,  would   provide  another                                                               
exception to  proposed AS 12.55.027(c)(2),  and that  the Chair's                                                               
intention with  Conceptual Amendment 8  is to have  Nygren credit                                                             
given only if work is part  of the treatment program and the work                                                               
is specifically approved by the court.                                                                                          
                                                                                                                                
MS. CARPENETI  pointed out  that the  bill already  requires that                                                               
any qualifying  treatment program be  one that's approved  by the                                                               
court.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG clarified  that he  is suggesting  that                                                               
the court specifically  approve the work portion  of a particular                                                               
treatment  program.   He  acknowledged  that additional  language                                                               
might need to be crafted to address this point.                                                                                 
                                                                                                                                
CHAIR  RAMRAS, referring  to  a situation  he  was familiar  with                                                               
wherein  a  young woman  attended  and  successfully completed  a                                                               
treatment  program  in  the  Lower 48,  surmised  that  had  that                                                               
program had a work component, the  woman would have had to choose                                                               
between participating  in the work component  or receiving credit                                                               
for  her  time there.    He  said  he  doesn't want  to  restrict                                                               
remedies  that  will help  people  become  productive members  of                                                               
society.                                                                                                                        
                                                                                                                                
2:30:39 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS  expressed  an   interest  in  amending  Conceptual                                                               
Amendment 8.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES  relayed  that  she's  received  suggested                                                               
language from Mr. Steiner that  incorporates the concepts of both                                                               
Amendment  6  and Conceptual  Amendment  8;  that language  reads                                                               
[original punctuation provided]:  "must  be confined at all times                                                               
to the grounds  of the facility or be in  the physical custody of                                                               
an  employee  of  the facility,  except  for  court  appearances,                                                             
meetings with counsel, and for  work as required by the treatment                                                             
program;".                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS, in  response  to  comments, pointed  out                                                               
that if  one is able  to go to  work while attending  a treatment                                                               
program, it is not like being  in jail; therefore, a person whose                                                               
treatment  program has  a  work component  should  still have  to                                                               
serve all of his/her jail time  or else it will result in him/her                                                               
being  treated  differently than  someone  else  who committed  a                                                               
similar  crime  and  received a  similar  sentence  but  couldn't                                                               
afford to go to a treatment program.                                                                                            
                                                                                                                                
CHAIR RAMRAS,  remarking that there  is no equity in  the system,                                                               
said  he  is more  interested  in  the  wellness of  the  broader                                                               
community and less interested in who gets a better leg up.                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  amend  Conceptual                                                               
Amendment 8 such that it would say:                                                                                             
                                                                                                                                
     Page 4, line 25, following "facility":                                                                                     
          Insert "unless the person is at work or traveling                                                                     
      to or from work as required by the treatment program                                                                      
     and as specifically approved by the court for credit"                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG explained  that he  wants the  court to                                                               
specifically know that  the person is going to and  from work and                                                               
working, and  to approve that,  and that [the work  component] be                                                               
part of the treatment program.                                                                                                  
                                                                                                                                
CHAIR  RAMRAS asked  whether there  were any  objections.   There                                                               
being none, the amendment to Conceptual Amendment 8 was adopted.                                                                
                                                                                                                                
REPRESENTATIVE  SAMUELS  removed   his  objection  to  Conceptual                                                               
Amendment  8,  as amended,  and  offered  his understanding  that                                                               
under  it  the  court  would  have to  specifically  say  that  a                                                               
particular type of work counts towards Nygren credit.                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG indicated that such was his intention.                                                                 
                                                                                                                                
CHAIR RAMRAS  announced that Conceptual Amendment  8, as amended,                                                               
was adopted.                                                                                                                    
                                                                                                                                
2:37:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to report the  proposed committee                                                               
substitute  (CS)  for  HB  90,  Version  25-LS0331\K,  Luckhaupt,                                                               
3/7/07,   as   amended,   out  of   committee   with   individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, CSHB 90(JUD) was  reported from the House Judiciary                                                               
Standing Committee.                                                                                                             
                                                                                                                                
HB 220 - BAN COMPUTER-ASSISTED REMOTE HUNTING                                                                                 
                                                                                                                                
2:38:31 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE BILL NO. 220, "An  Act prohibiting computer-assisted remote                                                               
hunting."  [Before the committee  was CSHB 220(RES), and provided                                                               
in members' packets was a  proposed committee substitute (CS) for                                                               
HB 220, Version 25-LS0795\E, Kane, 4/11/07.]                                                                                    
                                                                                                                                
2:39:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BOB  BUCH,  Alaska  State  Legislature,  sponsor,                                                               
relayed that  HB 220 would  ban Internet hunting and  is endorsed                                                               
by a broad spectrum of the community.                                                                                           
                                                                                                                                
2:41:52 PM                                                                                                                    
                                                                                                                                
JOE KLUTSCH,  President, Alaska Professional  Hunters Association                                                               
(APHA),  after  relaying  that   the  APHA  represents  the  vast                                                               
majority of  Alaska's hunting guides  and is committed  to "fair-                                                               
chase"  hunting  practices  and  ethical  standards  of  conduct,                                                               
offered  the  APHA's  belief  that   the  intent  of  HB  220  is                                                               
"absolutely correct."   He then asked the sponsor  and members to                                                               
refrain from  referring to the  behavior outlined in the  bill as                                                               
"hunting."   The organized  killing of  an animal  via cyberspace                                                               
and robotics is  not hunting.  True hunting  is a problem-solving                                                               
exercise that  involves planning, knowledge of  the species being                                                               
pursued, and knowledge of its  habitat.  Furthermore, a hunter in                                                               
Alaska  has to  be  prepared to  cope with  all  the elements  of                                                               
nature  common to  outdoor activities.   Hunting  is a  real-life                                                               
drama that  can involve  doubt, frustration,  anxiety, discovery,                                                               
great physical and mental challenge, and joy and disappointment.                                                                
                                                                                                                                
MR. KLUTSCH said that in  the aforementioned setting, the outcome                                                               
of the hunting process is not  assured.  He relayed that the APHA                                                               
believes  that  HB  220  is  appropriate,  that  "these  kind  of                                                               
activities" shouldn't be  allowed to occur in Alaska,  and that a                                                               
number of other  states have taken action similar to  what HB 220                                                               
is proposing.   In conclusion, he said that the  APHA is offering                                                               
its  whole-hearted  support  [of   HB  220]  and  encourages  the                                                               
committee to "do the same."                                                                                                     
                                                                                                                                
2:43:59 PM                                                                                                                    
                                                                                                                                
BURKE   WALDRON,   Lieutenant,    Alaska   Bureau   of   Wildlife                                                               
Enforcement, Department  of Public  Safety (DPS),  relayed simply                                                               
that "the Troopers certainly sponsor" HB 220.                                                                                   
                                                                                                                                
2:44:36 PM                                                                                                                    
                                                                                                                                
DICK  BISHOP, President,  Alaska Outdoor  Council (AOC),  relayed                                                               
that the AOC supports HB 220.  He  went on to say that the common                                                               
value across the spectrum of  ethical, responsible hunters is the                                                               
satisfaction of  being personally involved in  the natural course                                                               
of events  that affect wildlife  and wild lands, and  whether the                                                               
hunter's prime  motive is to fill  the freezer or drying  rack or                                                               
to find  a prize specimen  to preserve,  admire, and honor  for a                                                               
lifetime,   the  hunting   experience  provides   challenges  and                                                               
lifelong satisfaction.   Hunts are  celebrated in  different ways                                                               
among  different cultures,  but the  bottom line,  he opined,  is                                                               
that  personal  experience  is   what  counts;  the  prospect  of                                                               
computer-assisted remote  hunting flies in  the face of  all that                                                               
is most  valuable in the  hunting experience.   Hunting is  not a                                                               
pursuit that should be reduced  to another armchair video game or                                                               
to  a shopping  junket on  the Internet.   The  values associated                                                               
with hunting  and the wildlife  hunted deserve more  respect than                                                               
points on  a video game, and  more initiative than a  credit card                                                               
purchase.   He concluded by  asking the committee to  please pass                                                               
HB  220 in  order to  clarify that  hunting is  too important  to                                                               
Alaskans  and the  state's visitors  to simply  trivialize it  by                                                               
allowing it to become another form of electronic diversion.                                                                     
                                                                                                                                
2:47:30 PM                                                                                                                    
                                                                                                                                
KEVIN   SAXBY,  Senior   Assistant   Attorney  General,   Natural                                                               
Resources Section, Civil Division  (Anchorage), Department of Law                                                               
(DOL), said  that the DOL supports  the intent of HB  220 and had                                                               
made  some  suggestions  for  improving the  bill.    The  Alaska                                                               
Department  of Fish  & Game  (ADF&G) and  the Board  of Game,  he                                                               
relayed, have  had quite  a bit of  experience in  complying with                                                               
the  Americans with  Disabilities Act  (ADA), and  subsection (b)                                                               
addresses the ADA.                                                                                                              
                                                                                                                                
2:48:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS moved  to  adopt  the proposed  committee                                                               
substitute (CS)  for HB 220, Version  25-LS0795\E, Kane, 4/11/07,                                                               
as  the work  draft.   There being  no objection,  Version E  was                                                               
before the committee.                                                                                                           
                                                                                                                                
MR. SAXBY went on to say  that the language in Version E reflects                                                               
the ADF&G's experience in complying with  the ADA.  The ADF&G, in                                                               
negotiating with  people to arrive at  a reasonable accommodation                                                               
for  their particular  circumstances, has  determined that  there                                                               
are certain  features that are  essential to the act  of hunting,                                                               
and two  of those features are  that a person must  be present in                                                               
the  field and  that  there  must be  some  degree of  meaningful                                                               
participation  in the  actual  act  itself -  the  taking of  the                                                               
animal.   Version E  stipulates, via  subsection (b),  that these                                                               
two features must be present.   The reason the administration has                                                               
asked that this  additional language be included in  the bill, he                                                               
relayed, is  that subsection (b)  provides a broad  exemption and                                                               
will be viewed as a legislative pronouncement.                                                                                  
                                                                                                                                
MR. SAXBY indicated that language  in subsection (b) of Version E                                                               
also clarifies that the Board  of Game, as technological advances                                                               
are  made, retains  the authority  to decide  what technology  is                                                               
appropriate.                                                                                                                    
                                                                                                                                
CHAIR RAMRAS asked how computer-assisted remote hunting works.                                                                  
                                                                                                                                
REPRESENTATIVE BUCH  offered his understanding that  the owner of                                                               
a piece  of private  property in  Texas set  up a  [video] camera                                                               
that  was linked  with the  scope on  a rifle,  and when  game is                                                               
herded in front of the camera, a  client would be able to aim and                                                               
fire the  rifle via  his/her computer, and  then someone  on site                                                               
would  finish dispatching  the animal  should that  be necessary.                                                               
In  response  to a  question,  he  mentioned  that this  type  of                                                               
hunting has actually taken place.                                                                                               
                                                                                                                                
2:52:05 PM                                                                                                                    
                                                                                                                                
MR.  SAXBY said  that a  couple of  years ago,  a person  who was                                                               
quadriplegic won  a permit to  participate in a  particular hunt,                                                               
and  that   person  argued  that   he  wanted  someone   else  to                                                               
essentially  do   everything  for   him  while   he  participated                                                               
vicariously in  the hunt from  his hospital bed by  hearing about                                                               
the hunt.   The ADF&G said  that was not acceptable  because such                                                               
activity wouldn't qualify under the  criteria of being present in                                                               
the field  and participating  meaningfully in  the taking  of the                                                               
animal.   The statewide  ADA coordinator  was very  supportive of                                                               
the  ADF&G's  position  and  helped   the  department  "draw  the                                                               
appropriate line."                                                                                                              
                                                                                                                                
MR.  SAXBY, in  response to  comments and  a question,  said that                                                               
there is no  statute that allows vicarious hunting,  and that the                                                               
administration was  fearful that the broad  exemption provided by                                                               
the  [previous  version of  the]  bill  might be  interpreted  as                                                               
allowing  vicarious  hunting.   He  mentioned,  however, that  AS                                                               
16.05.255(a) authorizes the Board of  Game to establish the means                                                               
and methods  by which a  person with  disabilities can hunt.   In                                                               
response to another  question, he said he is not  aware of anyone                                                               
having requested to be able to fish remotely.                                                                                   
                                                                                                                                
REPRESENTATIVE  BUCH,   in  response  to  a   question  regarding                                                               
jurisdiction,  explained that  the bill  stipulates that  one may                                                               
not  engage in  computer-assisted  remote hunting  either in  the                                                               
state or from the state.                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  whether  the administration  has                                                               
the jurisdiction to prosecute someone outside of Alaska.                                                                        
                                                                                                                                
MR. SAXBY  said the administration would  probably only prosecute                                                               
someone in the  state.  In response to another  question, he said                                                               
the administration is satisfied with the language in Version E.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested to  the sponsor that  he give                                                               
consideration  to  whether  he  wants   the  bill  to  contain  a                                                               
forfeiture provision.                                                                                                           
                                                                                                                                
REPRESENTATIVE  SAMUELS said  he  assumes that  computer-assisted                                                               
remote hunting  could only be  accomplished through the use  of a                                                               
game  farm, and  therefore  outlawing such  activity will  ensure                                                               
that  it never  happens  and  thus nothing  would  be subject  to                                                               
forfeiture.                                                                                                                     
                                                                                                                                
2:58:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS moved  to report  the proposed  committee                                                               
substitute (CS)  for HB 220, Version  25-LS0795\E, Kane, 4/11/07,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying   fiscal  notes.      There   being  no   objection,                                                               
CSHB 220(JUD) was reported from the House Judiciary Standing                                                                    
Committee.                                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 2:58 p.m.                                                                 

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