Legislature(2013 - 2014)CAPITOL 120

04/04/2014 01:00 PM JUDICIARY


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01:09:50 PM Start
01:10:18 PM Confirmation Hearing(s)|| Board of Governors of the Alaska Bar
01:16:28 PM SB187
01:42:57 PM HB282
02:15:59 PM SB64
03:26:54 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 187 CONFIDENTIAL INFORMATION: MISCONDUCT, RLS TELECONFERENCED
Heard & Held
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Heard & Held
+ Confirmation Hearing: TELECONFERENCED
-Board of Governors of the Alaska Bar Association
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 4, 2014                                                                                          
                           1:09 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Wes Keller, Chair                                                                                                
Representative Bob Lynn, Vice Chair                                                                                             
Representative Neal Foster                                                                                                      
Representative Gabrielle LeDoux                                                                                                 
Representative Charisse Millett                                                                                                 
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Lance Pruitt                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Board of Governors of the Alaska Bar                                                                                          
                                                                                                                                
     William Granger - Anchorage                                                                                                
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 187(JUD)(TITLE AM)                                                                     
"An   Act  relating   to  the   crime  of   misconduct  involving                                                               
confidential information  in the first degree;  amending Rule 16,                                                               
Alaska  Rules  of Criminal  Procedure;  amending  Rule 8,  Alaska                                                               
Child  in Need  of  Aid  Rules; and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 282                                                                                                              
"An Act  relating to  the rights  and obligations  of residential                                                               
landlords and tenants; and relating  to the taking of a permanent                                                               
fund  dividend  for  rent  and  damages  owed  to  a  residential                                                               
landlord."                                                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 64(FIN)                                                                                
"An Act relating to theft  and property offenses; relating to the                                                               
definition  of 'prior  convictions' for  certain theft  offenses;                                                               
establishing   the  Alaska   Criminal   Justice  Commission   and                                                               
providing an expiration date; relating  to the crime of custodial                                                               
interference;  relating  to the  duties  of  the Alaska  Judicial                                                               
Council;  relating to  jail-time credit  for offenders  in court-                                                               
ordered treatment  programs; relating  to conditions  of release,                                                               
probation, and parole; relating to  duties of the commissioner of                                                               
corrections  and  board  of  parole;   establishing  a  fund  for                                                               
reducing  recidivism  in  the Department  of  Health  and  Social                                                               
Services;  requiring  the  commissioner   of  health  and  social                                                               
services  to  establish programs  for  persons  on conditions  of                                                               
release  or   probation  that  require  testing   for  controlled                                                               
substances  and  alcoholic  beverages;  requiring  the  board  of                                                               
parole to establish  programs for persons on  parole that require                                                               
testing  for  controlled   substances  and  alcoholic  beverages;                                                               
relating to  the duties  of the Department  of Health  and Social                                                               
Services; and providing for an effective date."                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 187                                                                                                                  
SHORT TITLE: CONFIDENTIAL INFORMATION: MISCONDUCT, RLS                                                                          
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
02/21/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/14       (S)       JUD                                                                                                    
03/12/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/12/14       (S)       Heard & Held                                                                                           
03/12/14       (S)       MINUTE(JUD)                                                                                            
03/14/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/14/14       (S)       -- MEETING CANCELED --                                                                                 
03/17/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/17/14       (S)       Moved CSSB 187(JUD) Out of Committee                                                                   
03/17/14       (S)       MINUTE(JUD)                                                                                            
03/18/14       (S)       JUD RPT CS  2DP 1NR   NEW TITLE                                                                        
03/18/14       (S)       DP: COGHILL, DYSON                                                                                     
03/18/14       (S)       NR: OLSON                                                                                              
03/26/14       (S)       TRANSMITTED TO (H)                                                                                     
03/26/14       (S)       VERSION: CSSB 187(JUD)(TITLE AM)                                                                       
03/27/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/14       (H)       JUD                                                                                                    
04/04/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 282                                                                                                                  
SHORT TITLE: LANDLORD AND TENANT ACT                                                                                            
SPONSOR(s): REPRESENTATIVE(s) ISAACSON                                                                                          
                                                                                                                                
01/29/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/29/14       (H)       L&C, JUD                                                                                               
02/28/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/28/14       (H)       Heard & Held                                                                                           
02/28/14       (H)       MINUTE(L&C)                                                                                            
03/14/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/14/14       (H)       Heard & Held                                                                                           
03/14/14       (H)       MINUTE(L&C)                                                                                            
03/17/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/17/14       (H)       Moved CSHB 282(L&C) Out of Committee                                                                   
03/17/14       (H)       MINUTE(L&C)                                                                                            
03/19/14       (H)       L&C RPT CS(L&C) 1DP 6NR                                                                                
03/19/14       (H)       DP: JOSEPHSON                                                                                          
03/19/14       (H)       NR:    MILLETT,     CHENAULT,    HERRON,                                                               
                         REINBOLD, SADDLER, OLSON                                                                               
03/28/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/28/14       (H)       Heard & Held                                                                                           
03/28/14       (H)       MINUTE(JUD)                                                                                            
04/04/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB  64                                                                                                                  
SHORT TITLE: OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL                                                                          
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
02/27/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/13       (S)       STA, JUD                                                                                               
04/04/13       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/04/13       (S)       <Bill Hearing Postponed>                                                                               
04/09/13       (S)       STA RPT CS  1DP 1NR 1AM  NEW TITLE                                                                     
04/09/13       (S)       DP: DYSON                                                                                              
04/09/13       (S)       NR: GIESSEL                                                                                            
04/09/13       (S)       AM: COGHILL                                                                                            
04/09/13       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/09/13       (S)       Moved CSSB  64(STA) Out of Committee                                                                   
04/09/13       (S)       MINUTE(STA)                                                                                            
07/25/13       (S)       JUD AT 10:00 AM WASILLA                                                                                
07/25/13       (S)       Heard & Held                                                                                           
07/25/13       (S)       MINUTE(JUD)                                                                                            
01/29/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
01/29/14       (S)       Heard & Held                                                                                           
01/29/14       (S)       MINUTE(JUD)                                                                                            
01/31/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
01/31/14       (S)       Heard & Held                                                                                           
01/31/14       (S)       MINUTE(JUD)                                                                                            
02/03/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/03/14       (S)       Heard & Held                                                                                           
02/03/14       (S)       MINUTE(JUD)                                                                                            
02/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/05/14       (S)       Heard & Held                                                                                           
02/05/14       (S)       MINUTE(JUD)                                                                                            
02/07/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/07/14       (S)       -- MEETING CANCELED --                                                                                 
02/10/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/10/14       (S)       Heard & Held                                                                                           
02/10/14       (S)       MINUTE(JUD)                                                                                            
02/12/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/12/14       (S)       Moved CSSB  64(JUD) Out of Committee                                                                   
02/12/14       (S)       MINUTE(JUD)                                                                                            
02/14/14       (S)       JUD RPT CS  4DP 1NR  NEW TITLE                                                                         
02/14/14       (S)       DP: COGHILL, MCGUIRE, WIELECHOWSKI,                                                                    
                         DYSON                                                                                                  
02/14/14       (S)       NR: OLSON                                                                                              
02/14/14       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
02/25/14       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
02/25/14       (S)       Heard & Held                                                                                           
02/25/14       (S)       MINUTE(FIN)                                                                                            
03/06/14       (S)       FIN AT 5:00 PM SENATE FINANCE 532                                                                      
03/06/14       (S)       Heard & Held                                                                                           
03/06/14       (S)       MINUTE(FIN)                                                                                            
03/11/14       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/11/14       (S)       Heard & Held                                                                                           
03/11/14       (S)       MINUTE(FIN)                                                                                            
03/11/14       (S)       FIN AT 5:00 PM SENATE FINANCE 532                                                                      
03/11/14       (S)       Heard & Held                                                                                           
03/11/14       (S)       MINUTE(FIN)                                                                                            
03/13/14       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/13/14       (S)       Moved CSSB  64(FIN) Out of Committee                                                                   
03/13/14       (S)       MINUTE(FIN)                                                                                            
03/14/14       (S)       FIN RPT CS  3DP 1NR 3AM   NEW TITLE                                                                    
03/14/14       (S)       DP: KELLY, MEYER, HOFFMAN                                                                              
03/14/14       (S)       NR: OLSON                                                                                              
03/14/14       (S)       AM: FAIRCLOUGH, DUNLEAVY, BISHOP                                                                       
03/14/14       (S)       TRANSMITTED TO (H)                                                                                     
03/14/14       (S)       VERSION: CSSB 64(FIN)                                                                                  
03/17/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/17/14       (H)       JUD, FIN                                                                                               
03/24/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/24/14       (H)       Heard & Held                                                                                           
03/24/14       (H)       MINUTE(JUD)                                                                                            
03/26/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/26/14       (H)       Heard & Held                                                                                           
03/26/14       (H)       MINUTE(JUD)                                                                                            
03/28/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/28/14       (H)       Heard & Held                                                                                           
03/28/14       (H)       MINUTE(JUD)                                                                                            
03/31/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/31/14       (H)       Scheduled But Not Heard                                                                                
04/02/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/02/14       (H)       Heard & Held                                                                                           
04/02/14       (H)       MINUTE(JUD)                                                                                            
04/04/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
WILLIAM GRANGER, Appointee                                                                                                      
Board of Governors to the Alaska Bar                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Board of                                                                   
Governors of the Alaska Bar.                                                                                                    
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented proposed House committee                                                                       
substitute and conceptual amendment to CSSB 187(JUD)(title am)                                                                  
on behalf of Senator Coghill, sponsor, and answered questions.                                                                  
                                                                                                                                
EMILY WRIGHT, Assistant Attorney General                                                                                        
Child Protection Section                                                                                                        
Civil Division(Juneau)                                                                                                          
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered a question during the hearing of                                                                
CSSB 187(JUD)(title am).                                                                                                        
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section                                                                                                          
Central Office                                                                                                                  
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered a question during the hearing of                                                                
CSSB 187(JUD)(title am).                                                                                                        
                                                                                                                                
REPRESENTATIVE DOUG ISAACSON                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Speaking  as the  sponsor, presented  CSHB                                                           
282(L&C).                                                                                                                       
                                                                                                                                
BRENDA HEWITT, Staff                                                                                                            
Representative Doug Isaacson                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered questions  during the  hearing of                                                             
CSHB 282(L&C), on behalf of the sponsor.                                                                                        
                                                                                                                                
CLYDE (ED) SNIFFEN, Jr., Senior Assistant Attorney General                                                                      
Commercial and Fair Business Section                                                                                            
Civil Division(Anchorage)                                                                                                       
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Answered a  question during the  hearing of                                                             
CSHB 282(L&C).                                                                                                                  
                                                                                                                                
DICK BLOCK                                                                                                                      
Mellen Investment Company.                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified  in opposition  to section  14 of                                                             
CSHB 282(L&C).                                                                                                                  
                                                                                                                                
KIRK MAYNARD, Owner/Broker                                                                                                      
Coldwell Banker Gold Country                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Deferred his testimony to  the next hearing                                                             
of HB 282.                                                                                                                      
                                                                                                                                
ERNEST PRAX, Staff                                                                                                              
Representative Wes Keller                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Provided the  proposed changes  in multiple                                                             
amendments to CSSB 64(FIN) on behalf of Representative Keller.                                                                  
                                                                                                                                
QUINLAN STEINER, Director                                                                                                       
Central Office                                                                                                                  
Public Defender Agency                                                                                                          
Department of Administration                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Answered a  question during the  hearing of                                                             
CSSB 64(FIN).                                                                                                                   
                                                                                                                                
JORDAN SHILLING, Staff                                                                                                          
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Provided testimony  during the  hearing of                                                             
CSSB 64(FIN)  on behalf of  Senator Coghill, chair of  the Senate                                                               
Judiciary Standing Committee, sponsor.                                                                                          
                                                                                                                                
TONY PIPER, Program Manager                                                                                                     
Alcohol Safety Action Program                                                                                                   
Division of Behavioral Health                                                                                                   
Department of Health and Social Services                                                                                        
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  during  the  hearing  of  CSSB                                                             
64(FIN).                                                                                                                        
                                                                                                                                
SENATOR FRED DYSON                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During   the  hearing  of  CSSB  64(FIN),                                                             
addressed proposed Amendment 17.                                                                                                
                                                                                                                                
CHUCK KOPP, Staff                                                                                                               
Senator Fred Dyson                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Provided information  related to  proposed                                                             
Amendment 17 to CSSB 64(FIN).                                                                                                   
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Administrative Staff                                                                                                            
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  during  the  hearing  of  CSSB                                                             
64(FIN).                                                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:09:50 PM                                                                                                                    
                                                                                                                                
CHAIR WES  KELLER called the  House Judiciary  Standing Committee                                                             
meeting  to order  at 1:09  p.m.   Representatives Lynn,  LeDoux,                                                               
Millett,  Gruenberg,  and Keller  were  present  at the  call  to                                                               
order.   Representative  Foster  arrived as  the  meeting was  in                                                               
progress.                                                                                                                       
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                        
^Board of Governors of the Alaska Bar                                                                                           
                    CONFIRMATION HEARING(S)                                                                                 
              Board of Governors of the Alaska Bar                                                                            
                                                                                                                                
1:10:18 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  first order of business would be                                                               
the  confirmation  hearing for  the  Board  of Governors  of  the                                                               
Alaska Bar.                                                                                                                     
                                                                                                                                
1:11:54 PM                                                                                                                    
                                                                                                                                
WILLIAM  GRANGER, Appointee  to  the Board  of  Governors to  the                                                               
Alaska Bar,  informed the committee  he has lived in  Alaska most                                                               
of  his   life  and  is   very  familiar  with  the   Alaska  Bar                                                               
Association.  His  occupation as a senior lender  for Wells Fargo                                                               
Bank,  and  previously with  the  National  Bank of  Alaska,  has                                                               
provided  a lot  of opportunity  for contact  with the  local bar                                                               
association and  judiciary.   He said  he has  served on  the bar                                                               
association  previously   and  enjoyed  the  challenge,   and  is                                                               
currently the bar association treasurer.                                                                                        
                                                                                                                                
1:13:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked when Mr. Granger's  term as vice-                                                               
president of the bar association  ended and his term as treasurer                                                               
began.                                                                                                                          
                                                                                                                                
MR. GRANGER  was unsure,  and he  said he has  served on  the bar                                                               
association  for  about  11  years,  and most  of  that  time  as                                                               
treasurer.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG,  speaking  as  a  member  of  the  bar                                                               
association, observed  that continuity is important  to the Board                                                               
of Governors of the Alaska Bar  as it deals with subjects such as                                                               
admissions and  disciplines.   He expressed  his support  for Mr.                                                               
Granger's appointment.                                                                                                          
                                                                                                                                
MR. GRANGER,  in response  to Chair Keller,  said Ed  Granger was                                                               
his father.                                                                                                                     
                                                                                                                                
1:15:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN   moved  to   advance  from   committee  the                                                               
confirmation of William Granger to  the Board of Governors of the                                                               
Alaska Bar.   He reminded the committee that  signing the reports                                                               
regarding  appointments  to  boards  and commissions  in  no  way                                                               
reflects  individual  members'  approval or  disapproval  of  the                                                               
appointees, and that the nominations  are merely forwarded to the                                                               
full legislature for  confirmation or rejection.   There being no                                                               
objection, the confirmation was advanced.                                                                                       
                                                                                                                                
        SB 187-CONFIDENTIAL INFORMATION: MISCONDUCT, RLS                                                                    
                                                                                                                                
1:16:28 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
CS FOR  SENATE BILL NO.  187(JUD)(title am), "An Act  relating to                                                               
the  crime of  misconduct involving  confidential information  in                                                               
the  first degree;  amending Rule  16, Alaska  Rules of  Criminal                                                               
Procedure; amending  Rule 8, Alaska  Child in Need of  Aid Rules;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
[Before the committee was CSSB 187(JUD)(title am).]                                                                             
                                                                                                                                
1:16:44 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,   Staff,  Senator  John  Coghill,   Alaska  State                                                               
Legislature,  directed attention  to a  proposed House  committee                                                               
substitute (HCS) for committee substitute  (CS) for SB 187, found                                                               
in the committee packet.  Ms. Moss  said SB 187 was the result of                                                               
an incident  last year in  Alaska in  which the videotaping  of a                                                               
confidential interview  of a  sexual abuse case  ended up  in the                                                               
hands  of  relatives  and  was   subsequently  broadcast  on  the                                                               
Internet.   The proposed legislation would  amend Alaska Statutes                                                               
and  three  court  rules.     Firstly,  AS  11.76.113  Misconduct                                                               
involving confidential information in  the first degree, would be                                                               
amended  to  add  an  offense  for  a  person  who  publishes  or                                                               
distributes  an audio  or video  recording of  an interview  of a                                                               
child  for  a  criminal  or child  protection  investigation,  or                                                               
records  of  a  medical  examination  of  a  victim  or  a  minor                                                               
conducted for  the purposes of  an investigation under  AS 11.41,                                                               
or a child protection  investigation, including photographs taken                                                               
during the  examination.   Exceptions in  proposed section  2 are                                                               
for publishing  or distributing with  a court order, with  a rule                                                               
of court, or a state or federal  law.  There is also an exception                                                               
for   training   law   enforcement,   prosecutors,   or   defense                                                               
counselors, if the  minor or victim's identity is  concealed.  In                                                               
addition, this  information could be  utilized with a  release of                                                               
consent  from  an adult  victim,  an  emancipated minor,  or  the                                                               
minor's parent or  guardian if the parent or guardian  is not the                                                               
perpetrator.                                                                                                                    
                                                                                                                                
MS.  MOSS continued  to  proposed section  3,  which amends  rule                                                               
16(d)(3) of Alaska Rules of  Criminal Code, to include this crime                                                               
as  evidence  that cannot  be  in  the  physical custody  of  the                                                               
defendant.                                                                                                                      
                                                                                                                                
1:19:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  moved to adopt the  proposed House committee                                                               
substitute  (HCS)  for  CSSB   187(JUD)(title  am),  Version  28-                                                               
LS1145\P, Strasbaugh, 4/3/14, as the  work draft.  There being no                                                               
objection, Version P was before the committee.                                                                                  
                                                                                                                                
MS. MOSS directed attention to page  4 of the work draft, stating                                                               
that section 3  of the proposed legislation  emphasizes that when                                                               
defendants  do not  have counsel  they have  physical custody  of                                                               
this   [confidential]  information,   but  if   they  share   the                                                               
information, it is  punishable by contempt of  court and requires                                                               
that the court inform the  defendant that sharing the information                                                               
constitutes a criminal offense.                                                                                                 
                                                                                                                                
MS. MOSS explained that section 4  adds to court rule 16(d), that                                                               
when  evidence is  submitted  to  the court,  it  must  be in  an                                                               
envelope sealed and marked "confidential."   She advised that the                                                               
sponsor has worked closely with  the Department of Law (DOL), the                                                               
Public Defender  Agency, (PDA), the Department  of Administration                                                               
(DOA), and the  Office of Public Advocacy (OPA),  DOA, on section                                                               
5, which  amends Direct  Court Rule  Amendment, Rule  (8), Alaska                                                               
Child in  Need of Aid Rules  (CINA).  The purpose  of this change                                                               
is to ensure that the information  is confidential and out of the                                                               
reach  of the  defendant,  but  to also  have  access to  medical                                                               
records when  medical records are  needed for  medical treatment.                                                               
For example,  in a child abuse  case where a child  is physically                                                               
injured  by  a  parent  and  medical records  are  needed  for  a                                                               
physician  to treat  the child.   Section  5 also  "mirrors" rule                                                               
(16), by  informing the "pro  se parent" that if  the information                                                               
is shared  with anyone, that  would constitute a  criminal crime,                                                               
and  allows for  confidential filing  in an  envelope sealed  and                                                               
marked "confidential."                                                                                                          
                                                                                                                                
MS.  MOSS further  explained the  proposed legislation  addresses                                                               
evidence  for  crimes  under  AS  11.41.410-11.41.450  which  are                                                               
sexual assault in  the first, second, third,  and fourth degrees,                                                               
sexual abuse of  a minor in the first, second,  third, and fourth                                                               
degrees, and  incest.  She  directed attention to  the conceptual                                                               
amendment which  addressed the  language of the  bill on  page 4,                                                               
line 30.                                                                                                                        
                                                                                                                                
1:22:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  moved to adopt  Conceptual Amendment  [1] to                                                               
Version   P,  which   read  as   follows  [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 4, line 30, after the word "records"                                                                                  
     Insert:                                                                                                                    
     "that are also evidence under AS 11.41.410-11.41.450"                                                                    
                                                                                                                                
      Page 4, line 31-Page 5, line 1, after the words "AS                                                                       
     47.10.011 or AS 47.14.300":                                                                                                
     Delete:                                                                                                                    
      "that is also evidence for an investigation under AS                                                                      
     11.41.410-11.41.450"                                                                                                       
                                                                                                                                
1:23:18 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER objected for the purpose of discussion.                                                                            
                                                                                                                                
MS. MOSS stated  Conceptual Amendment 1 was  suggested by Quinlan                                                               
Steiner, director of the Public  Defender Agency, for the purpose                                                               
of clarifying  that the  video and  audio recordings  and medical                                                               
records  are  only  connected  to  investigations  involving  the                                                               
aforementioned crimes.                                                                                                          
                                                                                                                                
REPRESENTATIVE  LEDOUX read  from the  proposed HCS,  on page  4,                                                               
beginning on line [14] as follows:                                                                                              
                                                                                                                                
     The  clerk   shall  inform   the  defendant   ...  that                                                                    
     violation of  the order issued under  this paragraph is                                                                    
     punishable   as  contempt   of  court   and  may   also                                                                    
     constitute a criminal [offense].                                                                                           
                                                                                                                                
REPRESENTATIVE  LEDOUX   questioned  why   not  say,   "and  also                                                               
constitutes a criminal [offense]."                                                                                              
                                                                                                                                
1:26:17 PM                                                                                                                    
                                                                                                                                
EMILY  WRIGHT,  Assistant   Attorney  General,  Child  Protection                                                               
Section, Civil Division(Juneau), Department  of Law, advised that                                                               
this language  is covered  under the  criminal rule  of procedure                                                               
16(d)(3).   She observed  the term "may"  leaves the  question of                                                               
criminality  up to  a jury  thus "this  is an  advisement that  a                                                               
judge would be giving to ... a defendant."                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX  further questioned  whether a  judge would                                                               
tell  a defendant,  "this may  constituent a  crime [instead  of]                                                               
this is a crime."                                                                                                               
                                                                                                                                
MS. MOSS cautioned that the  language is permissive because there                                                               
could  be a  situation that  arises in  which the  evidence "gets                                                               
into somebody else's hands through no action of the defendant."                                                                 
                                                                                                                                
CHAIR  KELLER  clarified  for  the record  that  he  removed  his                                                               
objection  to Conceptual  Amendment 1.   There  being no  further                                                               
objection, Conceptual Amendment 1 was adopted.                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX returned attention  to page 4, lines 14-17,                                                               
and pointed  out that "may"  is not  used in the  admonishment to                                                               
the   defendant  regarding   a  contempt   of  court,   which  is                                                               
inconsistent with the admonishment regarding a criminal offense.                                                                
                                                                                                                                
MS. MOSS  said the sponsor  is open  to discussion on  a possible                                                               
change.                                                                                                                         
                                                                                                                                
CHAIR KELLER opined that it is best to leave the word "may."                                                                    
                                                                                                                                
1:31:44 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Central  Office, Criminal  Division, Department  of Law,                                                               
stated that  the proposed change  is to  a court rule  which does                                                               
not set  out elements of  the offense  of any crime.   Therefore,                                                               
conduct  that is  covered  under subparagraph  (D),  page 4,  may                                                               
include other  conduct than  that which  is prohibited  under the                                                               
proposed  new  crime.    She  advised that  using  "may"  is  the                                                               
cautious  approach  and ensures  that  the  person is  forewarned                                                               
about the seriousness of his/her conduct.                                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX accepted the opinion from DOL.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG  further  discussed the  parameters  of                                                               
court rules.  He concurred with Ms. Carpeneti.                                                                                  
                                                                                                                                
REPRESENTATIVE  LEDOUX then  asked  for details  on the  incident                                                               
that prompted SB 187.                                                                                                           
                                                                                                                                
MS. MOSS said the attorney gave  the videotape to a relative, who                                                               
gave it  to another  relative who was  upset about  the situation                                                               
and posted it on the Internet.                                                                                                  
                                                                                                                                
1:34:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  surmised  the proposed  new  crime  is                                                               
directed at the following two  sets of circumstances:  A document                                                               
in the  hands of a prosecutor  or defense attorney in  a criminal                                                               
case "gets out," or in a Child in  Need of Aid (CINA) case.  From                                                               
his experience practicing  family law, he asked  whether a family                                                               
law  case, such  as  a  custody case,  could  be  covered by  the                                                               
proposed bill.  He suggested  a provision that would state, "That                                                               
if somebody releases  this in violation of a custody  order or an                                                               
order involving  child visitation ...  something like that,  in a                                                               
private context  also."   Representative Gruenberg  observed that                                                               
this situation can come up in a private custody dispute.                                                                        
                                                                                                                                
MS.  MOSS said  the  proposed  bill as  written  only applies  to                                                               
evidence  in  the  aforementioned  criminal cases.    In  further                                                               
response  to  Representative  Gruenberg, she  said  the  proposed                                                               
legislation  applies  to  CINA  cases  when  there  are  criminal                                                               
charges.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  pointed out  there is a  provision that                                                               
the  attorney  cannot  share certain  information  with  his  own                                                               
client.                                                                                                                         
                                                                                                                                
MS. MOSS directed  attention to page 3, lines 2-4  which read [in                                                               
part]:                                                                                                                          
                                                                                                                                
     The  materials listed  in this  paragraph shall  not be                                                                    
     provided to  the defendant, but the  information in the                                                                    
     materials  may  be shared  with  the  defendant to  the                                                                    
     extent necessary to prepare the defense of the case                                                                        
                                                                                                                                
MS.  MOSS  concluded  that the  defendant  cannot  have  physical                                                               
custody of the materials.                                                                                                       
                                                                                                                                
1:37:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG questioned  whether this restriction may                                                               
be permissible  under the  Alaska Bar Rules  of the  Alaska Court                                                               
System.  He  then directed attention to page 5,  lines 27-28, and                                                               
asked whether the sponsor would  consider a change from "treating                                                               
physician"  to "health  care professional"  in order  to be  more                                                               
inclusive.                                                                                                                      
                                                                                                                                
MS.   MOSS  responded   to  Representative   Gruenberg's  earlier                                                               
question  saying that  the  proposed  legislation includes  child                                                               
protection  investigations, but  does not  include child  custody                                                               
investigations, thus that  distinction may require clarification.                                                               
Returning to  "treating physician"  on page  5, lines  27-28, she                                                               
agreed with the point raised by Representative Gruenberg.                                                                       
                                                                                                                                
1:40:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT read from page 5, lines 26-28 as follows:                                                                
                                                                                                                                
     Notwithstanding another provision  of this section, the                                                                    
     legal custodian  of a  child may  provide records  of a                                                                    
     medical examination of a child  to the child's treating                                                                    
     physician ....                                                                                                             
                                                                                                                                
REPRESENTATIVE  MILLETT  asked  whether  the  treating  physician                                                               
"could be anybody -  it could be the ER ... -  that is a licensed                                                               
medical professional."                                                                                                          
                                                                                                                                
MS. MOSS expressed  her belief the possibilities  include a nurse                                                               
or someone in a health clinic, or a dentist.                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  asked  whether  medical  testimony  from                                                               
nurses,   physician   assistants   (PAs),   or   advanced   nurse                                                               
practitioners (ANPs)  has been used  in previous cases or  if all                                                               
testimony  pertaining to  child abuse  in  CINA cases  is from  a                                                               
medical doctor (MD).   She expressed her  understanding that this                                                               
testimony was required to come from none other than an MD.                                                                      
                                                                                                                                
MS. MOSS was unsure.                                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG,  speaking from  his experience  in many                                                               
cases, said that if a child appears  to be the victim of rape, an                                                               
advanced nurse practitioner becomes involved.                                                                                   
                                                                                                                                
REPRESENTATIVE MILLETT related  that advanced nurse practitioners                                                               
conduct  rape kit  tests.    She stressed  that  her question  is                                                               
whether testimony  from an MD is  required in a child  abuse case                                                               
that does not involve rape.                                                                                                     
                                                                                                                                
1:42:01 PM                                                                                                                    
                                                                                                                                
[SB 187 was heard and held.]                                                                                                    
                                                                                                                                
                 HB 282-LANDLORD AND TENANT ACT                                                                             
                                                                                                                                
1:42:57 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced the next  order of business would be HOUSE                                                               
BILL NO. 282,  "An Act relating to the rights  and obligations of                                                               
residential landlords and tenants; and  relating to the taking of                                                               
a  permanent  fund  dividend  for  rent and  damages  owed  to  a                                                               
residential landlord."                                                                                                          
                                                                                                                                
[Before  the committee  was CSHB  282(L&C),  labeled Version  28-                                                               
LS0930\P, Bullock, 3/20/14.]                                                                                                    
                                                                                                                                
1:43:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOUG ISAACSON,  Alaska State Legislature, speaking                                                               
as the sponsor,  stated that CSHB 282, Version  28-LS0930\P, is a                                                               
landlord  and tenant  bill.   He advised  that much  of the  bill                                                               
reflects  the proposed  changes  in the  Uniform Residential  and                                                               
Landlord Tenant  Act which  is before Congress  but has  not been                                                               
adopted.  He  reminded the committee that  twenty-one states have                                                               
adopted the sample  uniform law.  Two changes to  the uniform act                                                               
found in  HB 282 involve  adding unpaid  rent or damages  owed to                                                               
landlords  to the  list of  conditions found  in AS  43.23.065(b)                                                               
where yearly  Permanent Fund  Dividends can  be garnished,  and a                                                               
provision  for  dry  cabins, which  needs  clarification  on  its                                                               
application in  Alaska.  Representative Isaacson  observed HB 282                                                               
is  a   well-balanced  bill.    In   response  to  Representative                                                               
Gruenberg,  he  said  there  are  four  proposed  amendments  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether a landlord  must disclose if                                                               
he is on the Alaska Sex Offender Registry.                                                                                      
                                                                                                                                
REPRESENTATIVE ISAACSON said yes.                                                                                               
                                                                                                                                
REPRESENTATIVE  LEDOUX   then  asked  whether  a   landlord  must                                                               
disclose if  any tenants living  on the  premises are on  the sex                                                               
offender registry, and if not, why not.                                                                                         
                                                                                                                                
1:47:19 PM                                                                                                                    
                                                                                                                                
BRENDA HEWITT, Staff, Representative  Doug Isaacson, Alaska State                                                               
Legislature,  stated  that  the  sponsor  was  advised  by  legal                                                               
counsel  that  it  probably  is not  the  responsibility  of  the                                                               
landlord to  keep tenants  informed and  that tenants  should use                                                               
the registry provided by state law.                                                                                             
                                                                                                                                
REPRESENTATIVE ISAACSON  added that  this question is  similar to                                                               
other occupancy issues in that it  is up to homebuyers or renters                                                               
to find out who their neighbors are.                                                                                            
                                                                                                                                
1:48:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX moved to adopt [Amendment 1] labeled 28-                                                                  
LS0930\P.1, Bullock, 3/20/14 which read:                                                                                        
                                                                                                                                
     Page 7, following line 19:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 10. AS 34.03.080 is  amended by adding a new                                                                
     subsection to read:                                                                                                        
          (e)  If the landlord is registered in the central                                                                     
     registry   of  sex   offenders  and   child  kidnappers                                                                    
     maintained  under  AS 18.65.087,   the  landlord  or  a                                                                    
     person authorized  to enter into a  rental agreement on                                                                    
     behalf of the landlord  shall disclose to an individual                                                                    
     that  the   landlord  is  registered  in   the  central                                                                    
     registry. The disclosure must be  made in writing after                                                                    
     an individual  accepts the offer  to rent  the premises                                                                    
     but  before  the  rental  agreement  is  signed.  After                                                                    
     receiving  the   notice  under  this   subsection,  the                                                                    
     individual may decline to rent the premises."                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 13, following line 1:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 18. AS 34.03.360(11) is amended to read:                                                                    
               (11)  "landlord" means the owner, lessor, or                                                                     
     sublessor  of  the dwelling  unit  or  the building  of                                                                    
     which it is a part, and  it also means a manager of the                                                                    
     premises  who   fails  to   disclose  as   required  by                                                                    
     AS 34.03.080(a) - (c) [AS 34.03.080];"                                                                                 
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 13, line 30:                                                                                                          
          Delete "Sections 4 - 16"                                                                                              
          Insert "Sections 4 - 18"                                                                                              
                                                                                                                                
CHAIR KELLER objected for the purpose of discussion.                                                                            
                                                                                                                                
REPRESENTATIVE LEDOUX  posed a scenario wherein  six months after                                                               
one has  done their  "due diligence," signed  a lease,  and moved                                                               
in,  the landlord  rents  to someone  who is  listed  on the  sex                                                               
offender registry.  She asked  whether that is grounds to default                                                               
on the lease.                                                                                                                   
                                                                                                                                
1:49:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON  said  no.     He  opined  that  putting                                                               
unrealistic  demands  on  a  landlord  for  actions  "that  might                                                               
happen," creates  too much risk  and many landlords  may withdraw                                                               
their  properties  and  reduce  the  availability  of  affordable                                                               
housing for  tenants.  He  deferred to  the Department of  Law to                                                               
further address the question.                                                                                                   
                                                                                                                                
1:50:37 PM                                                                                                                    
                                                                                                                                
CLYDE  (ED)  SNIFFEN  Jr.,  Senior  Assistant  Attorney  General,                                                               
Commercial and Fair  Business Section, Civil Division(Anchorage),                                                               
Department  of  Law, informed  the  committee  he serves  in  the                                                               
Consumer  Protection Unit  at the  Department of  Law (DOL).   He                                                               
stated that  it is  equally incumbent  upon tenants  to determine                                                               
the  status of  individuals  in  a unit.    There  is no  special                                                               
knowledge  that a  landlord would  have access  to that  a tenant                                                               
would not.   Regarding a  circumstance wherein someone  is placed                                                               
on  the registry  after a  tenant has  moved in,  he agreed  with                                                               
Representative  Isaacson  that  "those things  happen,"  and  the                                                               
remedies are  to discuss the issue  with the landlord or  to move                                                               
at the end of the lease.                                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX understood.   However, she pointed out that                                                               
section 14  of the proposed bill  allows a tenant to  terminate a                                                               
rental agreement if the tenant  is a victim of domestic violence.                                                               
She  opined the  aforementioned circumstance  is also  applicable                                                               
under the  same argument of  "things happen, and it  shouldn't be                                                               
the landlord's responsibility."                                                                                                 
                                                                                                                                
MR. SNIFFEN  advised that proposed  section 14, which  allows the                                                               
victim  of domestic  violence to  terminate a  lease, requires  a                                                               
showing  of serious  conduct,  followed by  a  filing of  reports                                                               
establishing  a  salient  issue.     However,  the  risk  from  a                                                               
registered sex  offender is unknown.   He  said, "I can  see some                                                               
parallels, but I think they are a little different."                                                                            
                                                                                                                                
1:54:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   stated  that  if  two   parties  jointly                                                               
purchase a  house, but domestic  violence occurred and  one party                                                               
wanted to  move out, that  circumstance would not  release either                                                               
party from their mortgage.                                                                                                      
                                                                                                                                
MR.  SNIFFEN  said  correct.    Depending on  the  terms  of  the                                                               
mortgage, if  the person living in  the house could not  make the                                                               
obligations  of  the  mortgage, the  lender  could  foreclose  or                                                               
refinance.    In  a  rental  scenario, most  of  the  issues  are                                                               
addressed in  the rental  agreement; for  example, one  party may                                                               
leave for  a variety  of reasons  and the  landlord may  have the                                                               
right to renegotiate the rental  agreement or evict the remaining                                                               
tenant.                                                                                                                         
                                                                                                                                
CHAIR KELLER  suggested that  the sponsor of  the bill  work with                                                               
individual members of the committee to resolve questions.                                                                       
                                                                                                                                
REPRESENTATIVE LYNN  asked whether  a landlord  has the  right to                                                               
refuse to lease  or rent to an applicant who  is a registered sex                                                               
offender.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  ISAACSON deferred  to  Mr. Sniffen.   In  further                                                               
response to Representative Lynn, he  said he did not believe that                                                               
circumstance was an  express provision of the  proposed bill, and                                                               
that further information would be provided to the committee.                                                                    
                                                                                                                                
1:59:09 PM                                                                                                                    
                                                                                                                                
DICK  BLOCK,  Mellen  Investment Company,  noted  his  previously                                                               
submitted  written  testimony  was   included  in  the  committee                                                               
packet.  He concurred with  the concerns stated by Representative                                                               
LeDoux,  adding that  he did  not think  proposed section  14 was                                                               
necessary; however,  if section 14  is appropriate from  a public                                                               
policy  standpoint, Mr.  Block strongly  urged  the committee  to                                                               
review the  amendments he submitted  in his written  testimony in                                                               
order to ensure clarity in the proposed bill.                                                                                   
                                                                                                                                
2:00:43 PM                                                                                                                    
                                                                                                                                
KIRK  MAYNARD,   Owner/Broker,  Coldwell  Banker   Gold  Country,                                                               
informed  the   committee  his  company  has   been  in  property                                                               
management  approximately  six  years and  manages  approximately                                                               
four hundred "doors."  He said  since there was a lot of material                                                               
to review  regarding the bill  and proposed amendments,  he would                                                               
defer his testimony to the next hearing.                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG recalled  the Seventeenth  Alaska State                                                               
Legislature  addressed  property  disclosure  requirements.    He                                                               
suggested researching current disclosure  laws to find precedence                                                               
for this debate.                                                                                                                
                                                                                                                                
2:03:54 PM                                                                                                                    
                                                                                                                                
[The motion  by Representative  LeDoux to  adopt Amendment  1 was                                                               
left  pending with  an objection  for the  purpose of  discussion                                                               
from Chair Keller.  HB 282 was heard and held.]                                                                                 
                                                                                                                                
2:04:12 PM                                                                                                                    
                                                                                                                                
The  committee took  an  at-ease  from 2:04  p.m.  to 2:14  p.m.,                                                               
followed by a brief at-ease.                                                                                                    
                                                                                                                                
        SB  64-OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL                                                                    
                                                                                                                                
      [Contains discussions of SB 108, HB 313, and SB 81]                                                                       
                                                                                                                                
2:15:59 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
CS FOR  SENATE BILL NO.  64(FIN), "An  Act relating to  theft and                                                               
property  offenses;   relating  to   the  definition   of  'prior                                                               
convictions' for certain theft  offenses; establishing the Alaska                                                               
Criminal  Justice Commission  and providing  an expiration  date;                                                               
relating to the crime of  custodial interference; relating to the                                                               
duties  of the  Alaska  Judicial Council;  relating to  jail-time                                                               
credit  for   offenders  in  court-ordered   treatment  programs;                                                               
relating  to  conditions  of   release,  probation,  and  parole;                                                               
relating to duties  of the commissioner of  corrections and board                                                               
of parole;  establishing a  fund for  reducing recidivism  in the                                                               
Department  of   Health  and   Social  Services;   requiring  the                                                               
commissioner of health and social  services to establish programs                                                               
for persons  on conditions of  release or probation  that require                                                               
testing  for  controlled   substances  and  alcoholic  beverages;                                                               
requiring the board  of parole to establish  programs for persons                                                               
on  parole that  require  testing for  controlled substances  and                                                               
alcoholic beverages; relating to the  duties of the Department of                                                               
Health  and  Social  Services; and  providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
2:16:18 PM                                                                                                                    
                                                                                                                                
[The proposed amendments were numbered.]                                                                                        
                                                                                                                                
2:20:42 PM                                                                                                                    
                                                                                                                                
CHAIR   KELLER  moved   to  adopt   Amendment  11,   labeled  28-                                                               
LS0116\L.21, Gardner, 4/3/14.                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
At the request of Chair Keller, Representative Gruenberg                                                                        
withdrew his objection.                                                                                                         
                                                                                                                                
CHAIR KELLER withdrew his motion to adopt Amendment 11.                                                                         
                                                                                                                                
2:21:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN moved to rescind the committee's action in                                                                  
adopting Amendment 10 on 4/2/14.                                                                                                
                                                                                                                                
CHAIR  KELLER  objected  for  the  purpose  of  discussion.    He                                                               
explained the  reason for the  motion to rescind is  that changes                                                               
were  made to  the  amendment.   Chair  Keller  then removed  his                                                               
objection.  There being no further objection, it was so ordered.                                                                
                                                                                                                                
2:21:52 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER moved to adopt Amendment 11, labeled 28-                                                                           
LS0116\L.21, Gardner, 4/3/14, which read as follows:                                                                            
                                                                                                                                
     Page 18, line 27, following "and":                                                                                         
          Insert "criminal justice"                                                                                             
                                                                                                                                
     Page 18, line 28:                                                                                                          
          Delete "sentences"                                                                                                    
          Insert "those sentencing laws and criminal                                                                            
     justice practices"                                                                                                         
                                                                                                                                
     Page 18, line 29, following "crimes,":                                                                                     
          Insert "the rights of the accused and the person                                                                      
     convicted,"                                                                                                                
                                                                                                                                
     Page 18, line 31, following "practices":                                                                                   
          Insert "and criminal justice practices, including                                                                     
     rehabilitation and restitution"                                                                                            
                                                                                                                                
     Page 19, line 2:                                                                                                           
          Delete "and court rules related"                                                                                      
          Insert ", court rules, and court decisions                                                                            
     relevant"                                                                                                                  
                                                                                                                                
     Page 19, line 6:                                                                                                           
          Delete "and proportionality"                                                                                          
          Insert "proportionality, and accountability"                                                                          
                                                                                                                                
     Page 19, line 8:                                                                                                           
          Delete "use"                                                                                                          
          Insert "efficacy"                                                                                                     
                                                                                                                                
     Page 19, lines 8 - 9:                                                                                                      
          Delete "sentencing criminal defendants and to                                                                         
     ensure"                                                                                                                    
          Insert     "reducing     recidivism,     achieving                                                                    
     rehabilitation, and ensuring"                                                                                              
                                                                                                                                
     Page 19, line 16, following "resources;":                                                                                  
          Insert "and"                                                                                                          
                                                                                                                                
     Page 19, line 17:                                                                                                          
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
     Page 19, line 19:                                                                                                          
          Delete "collection and dissemination"                                                                                 
          Insert     "collection,     dissemination,     and                                                                    
     extrapolation"                                                                                                             
                                                                                                                                
     Page 19, lines 21 - 26:                                                                                                    
          Delete all material and insert:                                                                                       
               "(1)         recommend     legislative    and                                                                    
      administrative action on criminal justice practices;                                                                      
     and                                                                                                                        
               (2)  select and retain the services of                                                                           
     consultants as necessary."                                                                                                 
                                                                                                                                
     Page 19, line 31:                                                                                                          
          Delete "criminals"                                                                                                    
          Insert "and administering justice"                                                                                    
                                                                                                                                
     Page 20, line 6, following "confine":                                                                                      
          Insert "violent"                                                                                                      
                                                                                                                                
     Page 20, lines 14 - 15:                                                                                                    
          Delete "the resources available to agencies in                                                                        
     the criminal justice system; and"                                                                                          
          Insert "the sufficiency of state agency resources                                                                     
     to administer the state's criminal                                                                                         
     justice system;"                                                                                                           
                                                                                                                                
     Page 20, line 16:                                                                                                          
          Delete "sentencing"                                                                                                   
          Insert "criminal justice laws and practices"                                                                          
                                                                                                                                
     Page 20, line 17, following "state":                                                                                       
          Insert ";                                                                                                             
               (K)  peer reviewed and data-driven research;                                                                     
               (L)  the effect of over-classification of                                                                        
     prisoners; and                                                                                                             
               (M)      the    effects   of   evidence-based                                                                    
      restorative justice initiatives on persons convicted                                                                      
      of criminal violations and offenses, the victim, and                                                                      
     the community"                                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
2:22:40 PM                                                                                                                    
                                                                                                                                
ERNEST  PRAX,  Staff,  Representative Wes  Keller,  Alaska  State                                                               
Legislature,  informed the  committee  Amendment 11  incorporates                                                               
some  of  the  conceptual  amendments   that  were  made  in  the                                                               
rescinded Amendment  10 and  also makes  an additional  change to                                                               
the original language of SB  64.  He related Conceptual Amendment                                                               
1 to Amendment  10 was changed to remove  "usability" and restore                                                               
"effectiveness."   Directing attention to  Amendment 11,  page 2,                                                               
lines 16-17,  he said  this change is  Conceptual Amendment  2 to                                                               
Amendment 10  that replaces  "collection and  dissemination" with                                                               
"collection,  dissemination,  and  extrapolation."   On  page  2,                                                               
lines  19-23,  he  said  this  change relates  to  tasks  of  the                                                               
commission, deleting  all of the  material on page 19,  lines 21-                                                               
26, of  the original  bill, and  inserting, "that  the commission                                                               
may recommend  legislative and administrative action  on criminal                                                               
justice  practices and  ...  select and  retain  the services  of                                                               
consultants as necessary."                                                                                                      
                                                                                                                                
2:25:38 PM                                                                                                                    
                                                                                                                                
MR. PRAX, as  an aside, noted that the  aforementioned changes to                                                               
1ines  19-23 are  the work  of Representative  Gruenberg, Senator                                                               
Coghill's   staff,   and   he,   and  thus   are   supported   by                                                               
Representative Gruenberg.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG concurred.                                                                                             
                                                                                                                                
MR. PRAX  said the final change  in Amendment 10 is  reflected in                                                               
Amendment 11, on page 3,  line 3, which replaces "the sufficiency                                                               
in" with  "the sufficiency of."   This was also  a recommendation                                                               
from Representative Gruenberg.                                                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG  pointed  out that  he  had  previously                                                               
questioned  the use  of the  term "proportionality"  in Amendment                                                               
11, on page 1,  lines 19-20, and in the bill on  page 19, line 6.                                                               
He expressed his understanding that  proportionality is a term of                                                               
art that means  "is not tremendously disproportionate  to what is                                                               
intended under the statute."   Representative Gruenberg noted the                                                               
use  of the  term  is found  in  Sikeo v.  State,  258 P.3d  906,                                                             
(Alaska Ct. App. 2011).                                                                                                         
                                                                                                                                
2:28:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  then  removed  his  objection  to  the                                                               
motion to adopt Amendment 11.   [Although not stated, there being                                                               
no further objection, Amendment 11 was treated as adopted.]                                                                     
                                                                                                                                
2:29:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to adopt Amendment  [12], labeled                                                               
28-LS0116\L.9, Gardner, 3/31/14, which read:                                                                                    
                                                                                                                                
     Page 2, line 20, following "person":                                                                                   
          Insert ", with the intent to take or keep the                                                                     
     child or incompetent person"                                                                                           
                                                                                                                                
CHAIR KELLER objected for the purpose of discussion.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG related  Amendment 12  establishes that                                                               
"there  has to  be  an  intent that  you're  going  to really  do                                                               
something."                                                                                                                     
                                                                                                                                
2:30:24 PM                                                                                                                    
                                                                                                                                
QUINLAN  STEINER,  Director,   Central  Office,  Public  Defender                                                               
Agency,  Department  of  Administration, informed  the  committee                                                               
Amendment 12 cures  the problem that a person  could be convicted                                                               
of a  crime for just making  a statement.  He  said the amendment                                                               
clarifies that there must be intent and further action.                                                                         
                                                                                                                                
2:31:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER removed  his  objection.   There being  no                                                               
further objection, Amendment 12 was adopted.                                                                                    
                                                                                                                                
[Amendment  13, labeled  28-LS0116\L.15, Strasbaugh,  4/1/14, was                                                               
briefly discussed and was not offered.]                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG said Amendment 14 establishes post-                                                                    
traumatic  stress  disorder  (PTSD)  as a  mitigating  factor  in                                                               
sentencing.  The  language of the amendment was  derived from [HB                                                               
313]  which  was heard  before  the  House Special  Committee  on                                                               
Military and Veterans' Affairs.                                                                                                 
                                                                                                                                
2:32:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt Amendment 14, labeled                                                                   
28-LS0116\L.24, Strasbaugh/Gardner, 4/3/14, which read:                                                                         
                                                                                                                                
     Page 1, line 6, following "and parole;":                                                                                 
          Insert "relating to a mitigating factor for a                                                                       
     person  suffering  from  combat-related  post-traumatic                                                                  
     stress  disorder  or   combat-related  traumatic  brain                                                                  
     injury"                                                                                                                  
                                                                                                                                
     Page 13, following line 27:                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 25. AS 12.55.155(d) is amended to read:                                                                     
          (d)  The following factors shall be considered by                                                                     
     the sentencing court if proven  in accordance with this                                                                    
     section, and  may allow imposition of  a sentence below                                                                    
     the presumptive range set out in AS 12.55.125:                                                                             
               (1)       the    offense   was    principally                                                                    
     accomplished  by  another  person,  and  the  defendant                                                                    
     manifested extreme  caution or sincere concern  for the                                                                    
     safety or well-being of the victim;                                                                                        
               (2)  the defendant, although an accomplice,                                                                      
     played  only a  minor  role in  the  commission of  the                                                                    
     offense;                                                                                                                   
               (3)  the defendant committed the offense                                                                         
     under  some  degree  of duress,  coercion,  threat,  or                                                                    
     compulsion  insufficient   to  constitute   a  complete                                                                    
     defense,   but   that    significantly   affected   the                                                                    
     defendant's conduct;                                                                                                       
               (4)  the conduct of a youthful defendant was                                                                     
     substantially influenced by  another person more mature                                                                    
     than the defendant;                                                                                                        
               (5)  the conduct of an aged defendant was                                                                        
     substantially   a  product   of   physical  or   mental                                                                    
     infirmities resulting from the defendant's age;                                                                            
               (6)  in a conviction for assault under                                                                           
     AS 11.41.200  -  11.41.220,  the defendant  acted  with                                                                    
     serious provocation from the victim;                                                                                       
               (7)   except in the  case of a  crime defined                                                                    
     by AS 11.41.410  - 11.41.470,  the victim  provoked the                                                                    
     crime to a significant degree;                                                                                             
               (8)    before  the defendant  knew  that  the                                                                    
     criminal  conduct had  been  discovered, the  defendant                                                                    
     fully compensated or made a  good faith effort to fully                                                                    
     compensate  the  victim  of  the  defendant's  criminal                                                                    
     conduct for any damage or injury sustained;                                                                                
               (9)   the  conduct  constituting the  offense                                                                    
     was  among the  least serious  conduct included  in the                                                                    
     definition of the offense;                                                                                                 
               (10)   the defendant was motivated  to commit                                                                    
     the  offense solely  by an  overwhelming compulsion  to                                                                    
     provide for  emergency necessities for  the defendant's                                                                    
     immediate family;                                                                                                          
               (11)   after  commission of  the offense  for                                                                    
     which the  defendant is being sentenced,  the defendant                                                                    
     assisted   authorities   to   detect,   apprehend,   or                                                                    
     prosecute other persons who committed an offense;                                                                          
               (12)   the  facts surrounding  the commission                                                                    
     of  the  offense  and  any  previous  offenses  by  the                                                                    
     defendant  establish  that  the   harm  caused  by  the                                                                    
     defendant's   conduct   is   consistently   minor   and                                                                    
     inconsistent  with  the  imposition  of  a  substantial                                                                    
     period of imprisonment;                                                                                                    
               (13)    the  defendant  is  convicted  of  an                                                                    
     offense specified in AS 11.71  and the offense involved                                                                    
     small quantities of a controlled substance;                                                                                
               (14)    the  defendant  is  convicted  of  an                                                                    
     offense specified in AS 11.71  and the offense involved                                                                    
     the distribution of a  controlled substance, other than                                                                    
     a  schedule  IA  controlled substance,  to  a  personal                                                                    
     acquaintance who  is 19  years of age  or older  for no                                                                    
     profit;                                                                                                                    
               (15)    the  defendant  is  convicted  of  an                                                                    
     offense specified in AS 11.71  and the offense involved                                                                    
     the  possession  of  a small  amount  of  a  controlled                                                                    
     substance for personal use in the defendant's home;                                                                        
               (16)     in  a  conviction  for   assault  or                                                                    
     attempted   assault  or   for  homicide   or  attempted                                                                    
     homicide, the  defendant acted in response  to domestic                                                                    
     violence   perpetrated  by   the  victim   against  the                                                                    
     defendant  and  the   domestic  violence  consisted  of                                                                    
     aggravated   or   repeated  instances   of   assaultive                                                                    
     behavior;                                                                                                                  
               (17)    except  in  the case  of  an  offense                                                                    
     defined by AS 11.41 or  AS 11.46.400, the defendant has                                                                    
     been convicted  of a class B  or C felony, and,  at the                                                                    
     time  of  sentencing,   has  successfully  completed  a                                                                    
     court-ordered   treatment   program   as   defined   in                                                                    
     AS 28.35.028  that  was  begun after  the  offense  was                                                                    
     committed;                                                                                                                 
               (18)  except in the case of an offense                                                                           
     defined under  AS 11.41 or AS 11.46.400 or  a defendant                                                                    
     who  has previously  been convicted  of  a felony,  the                                                                    
     defendant committed the offense  while suffering from a                                                                    
     mental  disease or  defect as  defined in  AS 12.47.130                                                                    
     that was insufficient to  constitute a complete defense                                                                    
     but   that  significantly   affected  the   defendant's                                                                    
     conduct;                                                                                                                   
               (19)  the defendant is convicted of an                                                                           
     offense  under  AS 11.71,   and  the  defendant  sought                                                                    
     medical   assistance  for   another   person  who   was                                                                    
     experiencing  a  drug overdose  contemporaneously  with                                                                    
     the commission of the offense;                                                                                             
               (20)  except in the case of an offense                                                                           
     defined under  AS 11.41 or AS 11.46.400,  the defendant                                                                    
     committed the offense while  suffering from a condition                                                                    
     diagnosed                                                                                                                  
               (A)  as a fetal alcohol spectrum disorder,                                                                   
     the  fetal  alcohol   spectrum  disorder  substantially                                                                    
     impaired the  defendant's judgment,  behavior, capacity                                                                    
     to  recognize  reality, or  ability  to  cope with  the                                                                    
     ordinary  demands  of  life,   and  the  fetal  alcohol                                                                    
     spectrum disorder, though  insufficient to constitute a                                                                    
     complete    defense,    significantly   affected    the                                                                    
     defendant's conduct; in  this paragraph, "fetal alcohol                                                                    
     spectrum disorder" means a  condition of impaired brain                                                                    
     function  in  the  range  of  permanent  birth  defects                                                                    
     caused  by  maternal   consumption  of  alcohol  during                                                                    
     pregnancy; or                                                                                                          
               (B)  as combat-related post-traumatic stress                                                                 
     disorder or combat-related  traumatic brain injury, the                                                                
     combat-related   post-traumatic   stress  disorder   or                                                                
     combat-related  traumatic  brain  injury  substantially                                                                
     impaired the  defendant's judgment,  behavior, capacity                                                                
     to  recognize  reality, or  ability  to  cope with  the                                                                
     ordinary demands of life,  and the combat-related post-                                                                
     traumatic stress  disorder or  combat-related traumatic                                                                
     brain  injury,  though  insufficient  to  constitute  a                                                                
     complete    defense,    significantly   affected    the                                                                
        defendant's conduct; in this paragraph, "combat-                                                                    
        related post-traumatic stress disorder or combat-                                                                   
     related  traumatic brain  injury" means  post-traumatic                                                                
     stress  disorder or  traumatic  brain injury  resulting                                                                
     from combat with  an enemy of the United  States in the                                                                
     line of  duty while on active  duty as a member  of the                                                                
     armed  forces of  the United  States;  nothing in  this                                                                
     paragraph is intended to limit  the application of (18)                                                                
     of this subsection."                                                                                                   
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 23, line 17:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 29 and 31 - 35"                                                                                     
                                                                                                                                
     Page 23, line 19:                                                                                                          
          Delete "sec. 26"                                                                                                      
          Insert "sec. 27"                                                                                                      
          Delete "sec. 27"                                                                                                      
          Insert "sec. 28"                                                                                                      
                                                                                                                                
     Page 23, line 20:                                                                                                          
          Delete "sec. 28"                                                                                                      
          Insert "sec. 29"                                                                                                      
                                                                                                                                
     Page 23, line 21:                                                                                                          
          Delete "sec. 32"                                                                                                      
          Insert "sec. 33"                                                                                                      
                                                                                                                                
     Page 23, line 22:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 29 and 31 - 35"                                                                                     
                                                                                                                                
     Page 23, line 23:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 29 and 31 - 35"                                                                                     
                                                                                                                                
     Page 23, following line 23:                                                                                                
     Insert a new subsection to read:                                                                                           
          "(c) AS 12.55.155(d)(20), as amended by sec. 25                                                                       
     of this  Act, applies  to prosecutions occurring  on or                                                                    
     after the  effective date  of sec. 25  of this  Act for                                                                    
     offenses occurring  before, on, or after  the effective                                                                    
     date of sec. 25 of this Act."                                                                                              
                                                                                                                                
     Page 23, line 27:                                                                                                          
          Delete "sec. 30"                                                                                                      
          Insert "sec. 31"                                                                                                      
                                                                                                                                
     Page 23, line 29:                                                                                                          
          Delete "sec. 30"                                                                                                      
          Insert "sec. 31"                                                                                                      
                                                                                                                                
     Page 24, line 3:                                                                                                           
          Delete "sec. 26"                                                                                                      
          Insert "sec. 27"                                                                                                      
                                                                                                                                
     Page 24, line 6:                                                                                                           
          Delete "sec. 27"                                                                                                      
          Insert "sec. 28"                                                                                                      
          Delete "sec. 28"                                                                                                      
          Insert "sec. 29"                                                                                                      
                                                                                                                                
     Page 24, line 9:                                                                                                           
          Delete "sec. 32"                                                                                                      
          Insert "sec. 33"                                                                                                      
                                                                                                                                
     Page 24, line 12:                                                                                                          
          Delete "Section 29"                                                                                                   
          Insert "Section 30"                                                                                                   
                                                                                                                                
     Page 24, line 13:                                                                                                          
          Delete "Section 36"                                                                                                   
          Insert "Section 37"                                                                                                   
                                                                                                                                
     Page 24, line 14:                                                                                                          
          Delete "Sections 1 - 28 and 30 - 34"                                                                                  
          Insert "Sections 1 - 29 and 31 - 35"                                                                                  
                                                                                                                                
CHAIR KELLER  objected for the  purpose of discussion.   He spoke                                                               
to his objection,  saying that Amendment 14 is  outside the scope                                                               
and intent  of the bill.   In addition, the subject  is addressed                                                               
by other proposed legislation.                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG said Amendment  14 makes clear that PTSD                                                               
and combat-related traumatic brain  injury are "mental disease or                                                               
defect[s]", as referred to in  [paragraph] 18, page 3, lines 6-10                                                               
of  the proposed  bill.   The amendment  directs that  people who                                                               
have PTSD and combat-related traumatic  brain injury, as a result                                                               
of  active duty,  would be  able to  use this  mitigating factor.                                                               
The  subject is  germane to  the bill  because the  proposed bill                                                               
deals with crimes and criminal  procedures and is an omnibus bill                                                               
with a  broad title.   In addition, he said  it would be  a shame                                                               
not to  let somebody who  is not  committing a crime  against the                                                               
person,  or  a first  degree  arson,  present the  aforementioned                                                               
mitigating factor as evidence.                                                                                                  
                                                                                                                                
2:36:56 PM                                                                                                                    
                                                                                                                                
JORDAN  SHILLING,  Staff,  Senator  John  Coghill,  Alaska  State                                                               
Legislature,   informed  the   committee  that   Senator  Coghill                                                               
deferred  judgment on  Amendment 14  to  the chair  of the  House                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
2:37:23 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:37 p.m. to 2:38 p.m.                                                                       
                                                                                                                                
2:38:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX expressed her support of Amendment 14.                                                                    
                                                                                                                                
2:38:26 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER agreed that Amendment  14 is germane to the proposed                                                               
bill.   He  removed his  objection,  and there  being no  further                                                               
objection, Amendment 14 was adopted.                                                                                            
                                                                                                                                
2:39:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved  to adopt  Amendment 15,  labeled                                                               
28-LS0116\L.28, Gardner, 4/4/14, which read:                                                                                    
                                                                                                                                
     Page 17, line 21:                                                                                                          
          Delete "10"                                                                                                           
          Insert "12"                                                                                                           
                                                                                                                                
     Page 18, following line 5:                                                                                                 
     Insert new paragraphs to read:                                                                                             
               "(9)  one victims' rights advocate appointed                                                                     
     by the governor for a three-year term;                                                                                     
               (10)  the chief executive officer of the                                                                         
     Alaska Mental Health Trust Authority or a designee of                                                                      
     the chief executive officer;"                                                                                              
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 18, line 10:                                                                                                          
          Delete "(a)(7) or (8)"                                                                                                
          Insert "(a)(7) - (9)"                                                                                                 
                                                                                                                                
CHAIR KELLER  objected for the  purpose of discussion.   Speaking                                                               
from  his  experience serving  on  commissions,  he stressed  the                                                               
importance of  keeping the proposed commission  small.  Expanding                                                               
the  commission  to  12 participants  is  "nearly  unmanageable."                                                               
Although he  would like to  add the victims' rights  advocates to                                                               
the commission,  he assured  the committee  "they're going  to be                                                               
listened to."   His said his opposition is only  to the expansion                                                               
of the size of the commission.                                                                                                  
                                                                                                                                
2:41:04 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:42:38 PM                                                                                                                    
                                                                                                                                
MR.  SHILLING expressed  his belief  that  Senator Coghill  would                                                               
defer to the chair on this amendment.                                                                                           
                                                                                                                                
2:43:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said  the purpose of Amendment  15 is to                                                               
provide "a smorgasbord  approach."  He made a motion  to adopt an                                                               
amendment to Amendment 15 to delete lines 9-10 which read:                                                                      
                                                                                                                                
     the  chief  executive  officer  of  the  Alaska  Mental                                                                    
     Health  Trust  Authority or  a  designee  of the  chief                                                                    
     executive officer,"                                                                                                        
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
2:44:22 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER removed  his objection to Amendment  15, as amended.                                                               
There being no  further objection, Amendment 15,  as amended, was                                                               
adopted.                                                                                                                        
                                                                                                                                
2:45:03 PM                                                                                                                    
                                                                                                                                
CHAIR   KELLER  moved   to  adopt   Amendment  16,   labeled  28-                                                               
LS0116\L.27, Gardner, 4/4/14, which read:                                                                                       
                                                                                                                                
     Page 1, line 3, following "date;":                                                                                       
          Insert "allowing a reduction of penalties for                                                                       
     offenders    successfully   completing    court-ordered                                                                  
     treatment  programs for  persons  convicted of  driving                                                                  
     while under  the influence; relating to  termination of                                                                  
     a revocation  of a person's driver's  license; relating                                                                  
     to  limitation   of  drivers'  licenses;   relating  to                                                                  
     restoration of a driver's license;"                                                                                      
                                                                                                                                
     Page 13, following line 31:                                                                                                
     Insert new bill sections to read:                                                                                          
        "* Sec. 26. AS 28.15.181(f) is amended to read:                                                                     
          (f)  The court may terminate a revocation for an                                                                      
     offense described in (a)(5) or (8) of this section if                                                                      
               (1)  either                                                                                                  
               (A)    the  person's  license,  privilege  to                                                                
     drive,  or  privilege  to obtain  a  license  has  been                                                                    
     revoked for the minimum periods  set out in (c) of this                                                                    
     section; or                                                                                                            
               (B)  the person                                                                                              
               (i)    has  successfully completed  a  court-                                                                
     ordered treatment program under AS 28.35.028;                                                                          
               (ii)   has not been convicted  of a violation                                                                
     of  AS 28.35.030  or 28.35.032,  or  a  similar law  or                                                                
     ordinance  of   this  or  another   jurisdiction  since                                                                
     completing the program; and                                                                                            
               (iii)    has  been  granted  limited  license                                                                
     privileges under  AS 28.15.201(g) and  has successfully                                                                
     driven  for  two  years   under  that  limited  license                                                                
     without having the  limited license privileges revoked;                                                                
     and                                                                                                                        
               (2)  the person  complies with the provisions                                                                    
     of AS 28.15.211(d) and (e).                                                                                                
        *  Sec. 27.  AS 28.15.201 is  amended by  adding new                                                                  
     subsections to read:                                                                                                       
          (g)  Notwithstanding (d) of this section, a court                                                                     
     revoking  a driver's  license, privilege  to drive,  or                                                                    
     privilege  to obtain  a license  under AS 28.15.181(c),                                                                    
     or  the department  when revoking  a driver's  license,                                                                    
     privilege to  drive, or privilege  to obtain  a license                                                                    
     under  AS 28.15.165(c),   may  grant   limited  license                                                                    
     privileges if                                                                                                              
               (1)     the  revocation  was  for   a  felony                                                                    
     conviction under AS 28.35.030;                                                                                             
               (2)       the    person   has    successfully                                                                    
     participated  for  at  least  six  months  in,  or  has                                                                    
     successfully   completed,  a   court-ordered  treatment                                                                    
     program under AS 28.35.028;                                                                                                
               (3)   the person provides proof  of insurance                                                                    
     as required by AS 28.20.230 and 28.20.240;                                                                                 
               (4)  the court requires  the person to use an                                                                    
     ignition  interlock device  during  the  period of  the                                                                    
     limited license  whenever the  person operates  a motor                                                                    
     vehicle  in  a  community  not  included  in  the  list                                                                    
     published by the  department under AS 28.22.011(b) and,                                                                    
     when applicable,                                                                                                           
               (A)      the   person   provides   proof   of                                                                    
     installation of the ignition  interlock device on every                                                                    
     vehicle the person operates;                                                                                               
               (B)      the   person  signs   an   affidavit                                                                    
     acknowledging that                                                                                                         
               (i)   operation  by the  person of  a vehicle                                                                    
     that is not equipped  with an ignition interlock device                                                                    
     is  subject to  penalties  for driving  with a  revoked                                                                    
     license;                                                                                                                   
               (ii)   circumventing  or  tampering with  the                                                                    
     ignition  interlock device  is a  class A  misdemeanor;                                                                    
     and                                                                                                                        
               (iii)   the  person is  required to  maintain                                                                    
     the ignition interlock device  throughout the period of                                                                    
     the  limited license,  to  keep  up-to-date records  in                                                                    
     each  vehicle showing  that  any  required service  and                                                                    
     calibration is  current, and  to produce  those records                                                                    
     immediately on request;                                                                                                    
               (5)   the  person is  enrolled in  and is  in                                                                    
     compliance  with  or  has  successfully  completed  the                                                                    
     alcoholism   screening,   evaluation,   referral,   and                                                                    
     program requirements  of the  Department of  Health and                                                                    
     Social Services under AS 28.35.030(h);                                                                                     
               (6)    the  person has  not  previously  been                                                                    
     granted  a limited  license under  this subsection  and                                                                    
     had the license revoked under (h) of this section;                                                                         
               (7)    the  person complies  with  a  program                                                                    
     established  under AS 47.38.020  for a  minimum of  120                                                                    
     days from the  date a limited license  is granted under                                                                    
     this section.                                                                                                              
          (h)  The court or the department may immediately                                                                      
     revoke  a limited  license granted  under  (g) of  this                                                                    
     section if  the person is  convicted of a  violation of                                                                    
     AS 28.35.030  or   28.35.032  or   a  similar   law  or                                                                    
     ordinance of this or another jurisdiction.                                                                                 
        * Sec. 28. AS 28.35.028(b) is amended to read:                                                                        
          (b)  Once the court elects to proceed under this                                                                      
     section,  the defendant  shall enter  a  no contest  or                                                                    
     guilty  plea  to  the  offense  or  shall  admit  to  a                                                                    
     probation violation, as appropriate.  The state and the                                                                    
     defendant may enter into a  plea agreement to determine                                                                    
     the  offense  or offenses  to  which  the defendant  is                                                                    
     required to plead. If the  court accepts the agreement,                                                                    
     the  court shall  enforce the  terms of  the agreement.                                                                    
     The court shall enter a  judgment of conviction for the                                                                    
     offense  or  offenses  for   which  the  defendant  has                                                                    
     pleaded  or an  order  finding that  the defendant  has                                                                    
     violated  probation,  as  appropriate.  A  judgment  of                                                                    
     conviction or  an order  finding a  probation violation                                                                    
     must set a schedule for  payment of restitution owed by                                                                    
     the  defendant.  In a  judgment  of  conviction and  on                                                                    
     probation   conditions   that   the   court   considers                                                                    
     appropriate, the court may  withhold pronouncement of a                                                                    
     period  of  imprisonment  or  a   fine  to  provide  an                                                                    
     incentive  for the  defendant  to complete  recommended                                                                    
     treatment successfully. Imprisonment  or a fine imposed                                                                    
     by a court shall comply  with AS 12.55 or any mandatory                                                                    
     minimum  or other  sentencing  provision applicable  to                                                                    
     the offense.  However, notwithstanding Rule  35, Alaska                                                                    
     Rules of  Criminal Procedure,  and any  other provision                                                                    
     of law, the court, at any  time after the period when a                                                                    
     reduction  of  sentence   is  normally  available,  may                                                                    
     consider   and   reduce   the   defendant's   sentence,                                                                
     including  imprisonment, fine,  or license  revocation,                                                                
     based on the defendant's  compliance with the treatment                                                                    
     plan; when reducing  a sentence, the court  (1) may not                                                                    
     reduce  the   sentence  below  the   mandatory  minimum                                                                    
     sentence for  the offense unless  the court  finds that                                                                    
     the  defendant  has   successfully  complied  with  and                                                                    
     completed  the treatment  plan and  that the  treatment                                                                    
     plan approximated  the severity  of the  minimum period                                                                    
     of imprisonment,  and (2) may consider  the defendant's                                                                    
     compliance  with the  treatment  plan  as a  mitigating                                                                    
     factor  allowing  a  reduction   of  a  sentence  under                                                                    
     AS 12.55.155(a). A court entering  an order finding the                                                                    
     defendant   has   violated   probation   may   withhold                                                                    
     pronouncement  of disposition  to provide  an incentive                                                                    
     for   the  defendant   to   complete  the   recommended                                                                    
     treatment successfully.                                                                                                    
        * Sec. 29. AS 28.35.030(o) is amended to read:                                                                        
          (o)  Upon request, the department shall review a                                                                      
     driver's  license revocation  imposed  under (n)(3)  of                                                                    
     this section and                                                                                                           
               (1)  may restore the driver's license if                                                                     
               (A) [(1)]  the license has been revoked for                                                                  
     a period of at least 10 years;                                                                                             
               (B) [(2)]  the person has not been convicted                                                                 
     of a  criminal offense  since the license  was revoked;                                                                    
     and                                                                                                                        
               (C) [(3)]  the person provides proof of                                                                      
     financial responsibility;                                                                                              
               (2)  shall restore the driver's license if                                                                   
               (A)  the person has been granted limited                                                                     
     license  privileges   under  AS 28.15.201(g)   and  has                                                                
     successfully driven under that  limited license for two                                                                
     years  without having  the  limited license  privileges                                                                
     revoked;                                                                                                               
               (B)  the person has successfully completed a                                                                 
     court-ordered treatment program under AS 28.35.028;                                                                    
               (C) the court previously terminated the                                                                      
     person's      revocation       as      provided      in                                                                
     AS 28.15.181(f)(1)(B);                                                                                                 
               (D)  the person has not been convicted of a                                                                  
     violation  of AS 28.35.030  or 28.35.032  or a  similar                                                                
     law or ordinance of this  or another jurisdiction since                                                                
     the license was revoked;                                                                                               
               (E) the person's privilege to drive may be                                                                   
     restored as provided in AS 28.15.211; and                                                                              
               (F)  the person provides proof of financial                                                                  
     responsibility."                                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 23, line 17:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 32 and 34 - 38"                                                                                     
                                                                                                                                
     Page 23, line 18, following "Act,":                                                                                        
          Insert "AS 28.15.181(f), as amended by sec. 26 of                                                                     
     this Act,  AS 28.15.201(g) and (h), enacted  by sec. 27                                                                    
     of this Act, AS 28.35.028(b), as  amended by sec. 28 of                                                                    
     this  Act, AS 28.35.030(o),  as amended  by sec.  29 of                                                                    
     this Act,"                                                                                                                 
                                                                                                                                
     Page 23, line 19:                                                                                                          
          Delete "sec. 26"                                                                                                      
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          Delete "sec. 27"                                                                                                      
          Insert "sec. 31"                                                                                                      
                                                                                                                                
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          Insert "secs. 1 - 32 and 34 - 38"                                                                                     
                                                                                                                                
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REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
2:45:14 PM                                                                                                                    
                                                                                                                                
MR. SHILLING explained that the purpose of Amendment 16 was to                                                                  
incorporate the concept of a limited license.  This concept was                                                                 
originally in [SB  81], sponsored by Senators  Meyer and Coghill,                                                               
and which was "rolled into the  crime bill, SB 64."  He described                                                               
the concept  as very complicated, made  more so by AS  Title 28 -                                                               
Motor Vehicles.   The main reason to establish  a limited license                                                               
in  Alaska is  because those  who have  been convicted  of felony                                                               
driving under the  influence (DUI) and lose their  right to drive                                                               
for  life,   still  continue  to   drive  while   unlicensed  and                                                               
uninsured.   Amendment 16  would establish  a special  license to                                                               
"funnel these  individuals into a state-supervised  license."  To                                                               
qualify for the special license,  an individual must agree to the                                                               
following public  safety measures:  participate  in a therapeutic                                                               
court,  which is  a treatment  program; have  insurance; have  an                                                               
ignition interlock  device on their  vehicle; be enrolled  in the                                                               
Alcohol  Safety  Action  Program  (ASAP);  and  be  on  the  24/7                                                               
Sobriety Program.  Mr. Shilling  stressed that an individual only                                                               
has  one opportunity  to obtain  a special  limited license.   He                                                               
recalled that  the sponsors have  been working on the  concept of                                                               
Amendment 16 for over one year.                                                                                                 
                                                                                                                                
CHAIR KELLER observed the foregoing  supports the creation of the                                                               
Alaska Criminal Justice Commission.                                                                                             
                                                                                                                                
REPRESENTATIVE FOSTER asked about  the access to limited licenses                                                               
for those living in the rural areas of Alaska.                                                                                  
                                                                                                                                
2:49:06 PM                                                                                                                    
                                                                                                                                
TONY  PIPER,  Program  Manager, Alcohol  Safety  Action  Program,                                                               
Division of  Behavioral Health, Department  of Health  and Social                                                               
Services,  responded  that  the  Alcohol  Safety  Action  Program                                                               
(ASAP) has 13 offices around the  state; in areas without an ASAP                                                               
office,  the "treatment  agencies"  in the  area sometimes  offer                                                               
monitoring and reporting services.                                                                                              
                                                                                                                                
REPRESENTATIVE   FOSTER  expressed   his   support  for   limited                                                               
licenses,  as  long  as  the  state  can  ensure  that  they  are                                                               
available to those in rural Alaska.                                                                                             
                                                                                                                                
MR.  SHILLING  said  he  was  unsure  of  which  communities  are                                                               
exempted from interlock laws.                                                                                                   
                                                                                                                                
2:50:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew his  objection.  There being no                                                               
further objection, Amendment 16 was adopted.                                                                                    
                                                                                                                                
2:51:00 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER moved to adopt Amendment 17, labeled 28-                                                                           
LS0116\L.18, Gardner, 4/1/14, which read:                                                                                       
                                                                                                                                
     Page 2, line 1, following "Services;":                                                                                   
          Insert "relating to the confidentiality of                                                                          
     certain records of criminal cases;"                                                                                    
                                                                                                                                
     Page 2, following line 2:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Section  1. The  uncodified law  of the  State of                                                                
     Alaska is amended by adding a new section to read:                                                                         
          LEGISLATIVE INTENT FOR SEC. 27 OF THIS ACT. It is                                                                     
     the intent  of the legislature  in sec. 27 of  this Act                                                                    
     that,  to  the  extent practicable,  the  Alaska  Court                                                                    
     System  hold  confidential  records of  criminal  cases                                                                    
     that  were disposed  of before  the  effective date  of                                                                    
     sec. 27  of this  Act by acquittal  of all  charges, by                                                                    
     dismissal  of  all charges,  or  by  acquittal of  some                                                                    
     charges and dismissal of the  remaining charges, to the                                                                    
     same extent  that records  are held  confidential under                                                                    
     AS 22.35.030, enacted by sec. 27 of this Act."                                                                           
                                                                                                                                
     Page 2, line 3:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 13, following line 31:                                                                                                
          Insert a new bill section to read:                                                                                    
        "*  Sec. 27.  AS 22.35 is  amended by  adding a  new                                                                
     section to read:                                                                                                           
          Sec. 22.35.030. Records concerning criminal cases                                                                   
     resulting in  acquittal or dismissal  confidential. (a)                                                                  
     A court  record of a  criminal case is  confidential if                                                                    
     120 days  have elapsed  from the  date of  acquittal or                                                                    
     dismissal and                                                                                                              
               (1)  the defendant was acquitted of all                                                                          
     charges filed in the case;                                                                                                 
               (2)  all criminal charges against the                                                                            
     defendant  in  the  case have  been  dismissed  by  the                                                                    
     prosecuting authority; or                                                                                                  
               (3)  the defendant was acquitted of some of                                                                      
     the  criminal charges  in the  case  and the  remaining                                                                    
     charges were dismissed.                                                                                                    
          (b)  Notwithstanding (a) of this section, the                                                                         
     following  persons  may  have access  to  records  made                                                                    
     confidential under this section:                                                                                           
               (1)  employees of the Department of Health                                                                       
     and  Social  Services  who   are  responsible  for  the                                                                    
     health,  safety, welfare,  or placement  of a  child, a                                                                    
     person with  a physical or intellectual  disability, or                                                                    
     a person with a mental illness;                                                                                            
               (2)  the public guardian under AS 13.26.370                                                                      
     or  a guardian  ad litem  supervised by  the office  of                                                                    
     public advocacy;                                                                                                           
               (3)  a person who is authorized to have                                                                          
     access  to  the  criminal justice  information  network                                                                    
     maintained  by the  Department of  Public Safety  under                                                                    
     AS 12.62.                                                                                                                  
          (c)  The Department of Health and Social Services                                                                     
     shall adopt  regulations to  administer (b)(1)  of this                                                                    
     section."                                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
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          Insert "sec. 16"                                                                                                      
                                                                                                                                
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          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 26, 28 - 30, and 32 - 36"                                                                           
                                                                                                                                
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          Insert "secs. 1 - 26, 28 - 30, and 32 - 36"                                                                           
                                                                                                                                
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          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 26, 28 - 30, and 32 - 36"                                                                           
                                                                                                                                
     Page 23, following line 23:                                                                                                
     Insert a new subsection to read:                                                                                           
          "(c)  AS 22.35.030, enacted by sec. 27 of this                                                                        
     Act, applies to criminal charges concluded on or after                                                                     
         the effective date of sec. 27 of this Act, by                                                                          
     dismissal or by acquittal of the defendant."                                                                               
                                                                                                                                
     Page 23, line 27:                                                                                                          
          Delete "sec. 30"                                                                                                      
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          Delete "sec. 28"                                                                                                      
          Insert "sec. 30"                                                                                                      
                                                                                                                                
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          Delete "sec. 32"                                                                                                      
          Insert "sec. 34"                                                                                                      
                                                                                                                                
     Page 24, following line 11:                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 39. Section 27 of this Act takes effect                                                                     
     October 1, 2014."                                                                                                          
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 24, line 12:                                                                                                          
          Delete "Section 29"                                                                                                   
          Insert "Section 31"                                                                                                   
                                                                                                                                
     Page 24, line 13:                                                                                                          
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          Insert "Section 38"                                                                                                   
                                                                                                                                
     Page 24, line 14:                                                                                                          
          Delete "Sections 1 - 28 and 30 - 34"                                                                                  
         Insert "Sections 1 - 26, 28 - 30, and 32 - 36"                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
MR. PRAX  said the language in  Amendment 17 was derived  from SB                                                               
108 which is  sponsored by Senator Dyson and is  currently in the                                                               
House  Judiciary Standing  Committee.   The amendment  relates to                                                               
the confidentiality of records in criminal cases.                                                                               
                                                                                                                                
2:52:02 PM                                                                                                                    
                                                                                                                                
SENATOR  FRED  DYSON,  Alaska State  Legislature,  expressed  his                                                               
belief that the adoption of  Amendment 17 is supported by Senator                                                               
Coghill.   He informed the  committee the substance  of Amendment                                                               
17 was thoroughly vetted in the  Senate [during the hearing of SB                                                               
108], and noted there has  been consistent support in both houses                                                               
of the  legislature for  rights held in  the Second  Amendment to                                                               
the U.S. Constitution.   Amendment 17 addresses  Amendments 4 and                                                               
5 to  the U.S. Constitution,  which are  included in the  Bill of                                                               
Rights:  privacy  and due process.  He explained  that Alaska has                                                               
had - for the last 10 years  - the most extensive record of court                                                               
proceedings of  any state through  [the statewide index  of trial                                                               
court  cases  filed  with the  Alaska  Court  System]  CourtView.                                                               
However, there is  no mechanism for arrest  records "to disappear                                                               
off the list"  thus the records of misdemeanor  arrests that have                                                               
been  dismissed  are  kept  "forever  without  this  bill."    He                                                               
estimated that  last year there  were about 7,000  felony arrests                                                               
of which about 1,900 were dismissed  and never went to trial, but                                                               
the records  are maintained, along  with those of  defendants who                                                               
go  through the  trial process  and who  are acquitted.   Senator                                                               
Dyson said  the result is  that people  who are arrested  but who                                                               
are  not charged,  have had  their  cases dismissed,  or who  are                                                               
acquitted,  must explain  to employers,  lenders, and  others why                                                               
they have a record.   Furthermore, he pointed out that interested                                                               
parties may not sufficiently research  a case to find a dismissal                                                               
or an acquittal.   The purpose of the amendment  is for those who                                                               
fully participated in the adjudication  process, and have had all                                                               
charges  dismissed, after  120 days  the record  will be  removed                                                               
from CourtView.   The  records will still  be available  from the                                                               
National  Crime Information  Center  and from  the Alaska  Public                                                               
Safety   Information  Network;   in  fact,   there  are   special                                                               
provisions in  the legislation to  provide training on  access to                                                               
the  records for  those researching  adoptive and  foster parents                                                               
and  guardians.   Senator Dyson  described some  of the  problems                                                               
caused by  a record  remaining after  a case  was dismissed.   He                                                               
opined that  the number of  cases filed against  defendants found                                                               
guilty will  be far less  than the  total arrests.   He estimated                                                               
that over  a 10-year history of  recordkeeping through CourtView,                                                               
there may  be 60,000-70,000 residents  who were never  charged or                                                               
whose cases were adjudicated.                                                                                                   
                                                                                                                                
2:57:24 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  clarified  that  the  "trigger"  is  acquittal  or                                                               
dismissal, and a [waiting] time period of 120 days.                                                                             
                                                                                                                                
SENATOR DYSON said yes.                                                                                                         
                                                                                                                                
2:57:34 PM                                                                                                                    
                                                                                                                                
CHUCK KOPP, Staff, Senator Fred  Dyson, Alaska State Legislature,                                                               
added that  to have the  arrest record  removed a person  must be                                                               
acquitted and/or dismissed  of all charges, so if  a defendant is                                                               
arrested  on more  than  one  charge, and  pleads  to the  lesser                                                               
charge, all of the charges remain  on CourtView.  He said, "So it                                                               
only would  go away if you  were dismissed of all  charges or all                                                               
charges against you, you were acquitted of."                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX called  attention  to legislative  intent,                                                               
which appears to make the bill retroactive.  She remarked:                                                                      
                                                                                                                                
     And  [it]  also   looks  like  that,  as   far  as  the                                                                    
     retroactivity portion  of it, it could  be acquittal of                                                                    
     some  charges and  dismissal of  the remaining  charges                                                                    
     for   retroactive  application,   as  opposed   to  for                                                                    
     prospective application, it would  only be dismissal of                                                                    
     all of the charges.  So that sort of confuses me.                                                                          
                                                                                                                                
MR. KOPP answered  that the legislative intent  section was added                                                               
because of the practical considerations  of undoing the damage of                                                               
CourtView.   To the  extent this is  practical, the  court system                                                               
would treat the proposed legislation  as going back for those who                                                               
are  acquitted of  all charges,  dismissed of  all charges  or by                                                               
acquittal  of  some  charges  and   dismissal  of  the  remaining                                                               
charges, to the  same extent that records  are held confidential.                                                               
Inclusion  of this  language would  "help [the  court system]  do                                                               
that to  the portion  of this process  that most  affects people,                                                               
which is CourtView,  and then go forward with both  the hard copy                                                               
and the electronic without a huge  fiscal note ... going back for                                                               
decades of hard file copies.                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER expressed his support of Amendment 17.                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG also expressed  support, but pointed out                                                               
that in the amendment a dismissal  is only allowed if made by the                                                               
prosecuting attorney; however,  a dismissal could be  made by the                                                               
court.                                                                                                                          
                                                                                                                                
MR. KOPP recognized that the  court also dismisses cases and said                                                               
the  omission  had  previously  been  brought  to  the  sponsor's                                                               
attention.   In further response to  Representative Gruenberg, he                                                               
said the sponsor is comfortable with correcting the omission.                                                                   
                                                                                                                                
3:02:24 PM                                                                                                                    
                                                                                                                                
SENATOR  DYSON  cautioned  that there  have  been  objections  to                                                               
including dismissal  by the court  because of an  apprehension of                                                               
arbitrary  court   decisions,  and   "a  predisposition   on  the                                                               
Department of Law to keep control within their kingdom."                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  said his first  concern was to  who can                                                               
dismiss cases,  and his second  concern was  to why cases  can be                                                               
dismissed.   In fact, cases can  be dismissed on their  merits or                                                               
for various  administrative reasons, such  as a lack of  a speedy                                                               
trial.   He asked whether  "the why  of the dismissal"  should be                                                               
part of  the reason the records  are not retained.   Of his third                                                               
concern, he posed  that a request for records could  come for the                                                               
purpose of their use at trial  to impeach a witness, and he asked                                                               
if the sponsor  wants to allow the court to  enter an appropriate                                                               
order to retain the records.                                                                                                    
                                                                                                                                
SENATOR  DYSON  restated that  the  records  are only  taken  off                                                               
CourtView and officers  of the court and police  would still have                                                               
access to  other sources.   The Alaska  Court System  has changed                                                               
its court rules for civil cases.                                                                                                
                                                                                                                                
REPRESENTATIVE LEDOUX observed that  the amendment says, "A court                                                               
record of a criminal case  is confidential."  However, not having                                                               
records on  CourtView does not  mean they are confidential.   She                                                               
read from Amendment 17 on page 2, lines 9-10, which read:                                                                       
                                                                                                                                
     (b) Notwithstanding (a) of this section, the following                                                                     
      persons may have access to records made confidential                                                                      
     under this section:                                                                                                        
                                                                                                                                
REPRESENTATIVE  LEDOUX  continued,  saying the  language  clearly                                                               
delineates the people who have access to records.                                                                               
                                                                                                                                
3:07:31 PM                                                                                                                    
                                                                                                                                
NANCY MEADE, General Counsel,  Administrative Staff, Alaska Court                                                               
System, in response to Representative  LeDoux, confirmed that the                                                               
proposed  statute would  make  the  aforementioned court  records                                                               
confidential in their paper format  and on CourtView.  The Alaska                                                               
Court System's  definition of confidential is  that those records                                                               
would be  accessible only  to the  parties of a  case and  not by                                                               
other attorneys, thus  the specific exceptions to  who can access                                                               
the records is included in the proposed legislation.                                                                            
                                                                                                                                
REPRESENTATIVE LEDOUX  stressed that the foregoing  testimony has                                                               
been that "somebody could actually go  down there and look at the                                                               
records,  but that  doesn't sound  like that  is necessarily  the                                                               
case."                                                                                                                          
                                                                                                                                
MS. MEADE expressed  her understanding that these  cases would be                                                               
confidential just  like a Child in  Need of Aid (CINA)  case, and                                                               
access  to  those  records  is restricted  to  the  parties,  the                                                               
attorneys, and  someone with  a written order  from the  court or                                                               
court  staff.   She restated  that the  records would  not be  on                                                               
CourtView and  would only  be accessible in  paper form  to those                                                               
who are authorized.                                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG observed that  there are still questions                                                               
about the amendment  to be posed; for example,  the best evidence                                                               
rule has not been discussed.   Generally, parties to a legal case                                                               
seek a document in the best condition possible.                                                                                 
                                                                                                                                
3:10:10 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:10:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX said she  felt uncomfortable with Amendment                                                               
17 as drafted.                                                                                                                  
                                                                                                                                
MS. MEADE clarified that confidential  records are accessible for                                                               
the use of law enforcement.                                                                                                     
                                                                                                                                
3:12:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  removed his objection.   There being no                                                               
further objection, Amendment 17 was adopted.                                                                                    
                                                                                                                                
3:12:13 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER [moved to adopt] Conceptual Amendment 18.                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
3:12:28 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:12:34 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  rescinded his motion to  adopt Conceptual Amendment                                                               
18, and then  moved to adopt Amendment  18, labeled 28-0116\L.29,                                                               
Gardner, 4/4/14 which read:                                                                                                     
                                                                                                                                
     Page 23, following line 23:                                                                                                
          Insert a new bill section to read:                                                                                    
         "* Sec. 35. The uncodified law of the State of                                                                     
     Alaska is amended by adding a new section to read:                                                                         
          SPECIAL REPORT OF ALASKA CRIMINAL JUSTICE                                                                             
     COMMISSION.  The  Alaska  Criminal  Justice  Commission                                                                    
     shall  submit to  the governor  and  the legislature  a                                                                    
     special report, not later  than July 1, 2016, regarding                                                                    
     alcohol-related  offenses  in  AS 28. The  report  must                                                                    
     include recommendations on                                                                                                 
               (1)  whether a revision of the alcohol-                                                                          
     related offenses in AS 28 is necessary;                                                                                    
               (2)  maintaining both the administrative and                                                                     
     court license revocation processes;                                                                                        
               (3)  the effectiveness of ignition interlock                                                                     
     devices  in  reducing  the offenses  of  driving  while                                                                    
     under   the  influence   of   an  alcoholic   beverage,                                                                    
     inhalant,  or  controlled   substance  and  refusal  to                                                                    
     submit to a chemical test, and reducing recidivism;                                                                        
               (4)  whether the punishment, fines, and                                                                          
     associated driver's license  revocation periods for the                                                                    
     offenses  of driving  while under  the influence  of an                                                                    
     alcoholic beverage,  inhalant, or  controlled substance                                                                    
     and  refusal to  submit to  a chemical  test should  be                                                                    
     decreased or increased;                                                                                                    
               (5)  the effectiveness of programs that                                                                          
     promote  offender accountability,  emphasize swift  and                                                                    
     certain, yet  measured, punishment,  reduce recidivism,                                                                    
     and   maximize  the   offender's   ability  to   remain                                                                    
     productive in society;                                                                                                     
               (6)  whether limited licenses should be                                                                          
     available for persons charged with  or convicted of the                                                                    
     offenses  of driving  while under  the influence  of an                                                                    
     alcoholic beverage,  inhalant, or  controlled substance                                                                    
     or  refusal  to  submit  to   a  chemical  test,  while                                                                    
     providing for public safety."                                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 24, line 13:                                                                                                          
          Delete "Section 36"                                                                                                   
          Insert "Section 37"                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
3:13:50 PM                                                                                                                    
                                                                                                                                
MR.  PRAX  explained   that  Amendment  18  was   the  result  of                                                               
collaboration between Senator Coghill's  staff, the Department of                                                               
Law,  the court  system, other  interested parties,  and himself.                                                               
He advised that Alaska's DUI  laws are complex regarding licensed                                                               
drivers   who  have   received  a   misdemeanor  or   felony  DUI                                                               
conviction.   He said the aforementioned  collaborators concluded                                                               
that  AS 28  "needs  to be  ... simplified"  for  the benefit  of                                                               
drivers and other interested parties.   Mr. Prax said the purpose                                                               
of  Amendment 18  was to  add a  special report  from the  Alaska                                                               
Criminal Justice Commission to the  legislature and the governor,                                                               
which is to be received no  later than 7/1/16.  The commission is                                                               
charged   to  review   AS  28   and  issue   its  report   making                                                               
recommendations on the following:                                                                                               
                                                                                                                                
   · whether a revision of alcohol-related offenses in AS 28 is                                                                 
     necessary;                                                                                                                 
   · maintaining both the administrative and court license                                                                      
     revocation processes;                                                                                                      
   · the effectiveness of ignition interlock devices in reducing                                                                
     the offenses of driving while under the influence of                                                                       
     alcohol and in reducing recidivism;                                                                                        
   · whether the punishment, fines, and associated driver's                                                                     
     license revocation periods for DUI offenses should be                                                                      
     increased or decreased;                                                                                                    
   · the effectiveness of programs that promote offender                                                                        
     accountability, emphasize swift and certain punishment and                                                                 
     maximize the offender's ability to remain productive in                                                                    
     society;                                                                                                                   
   · whether limited licenses should be available for persons                                                                   
     convicted of DUI offenses.                                                                                                 
                                                                                                                                
MR. PRAX provided a short description of each task.                                                                             
                                                                                                                                
3:22:50 PM                                                                                                                    
                                                                                                                                
MR. SHILLING  said the amendment  is commendable and  agreed that                                                               
AS 28 is extremely difficult to interpret.                                                                                      
                                                                                                                                
CHAIR KELLER  cautioned about the  amount of resources  needed to                                                               
complete  the  purpose  of  the   amendment,  and  expressed  his                                                               
support.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  surmised that releasing an  offender on                                                               
the  street with  "nothing and  no way  to get  anywhere" invites                                                               
another offense.                                                                                                                
                                                                                                                                
CHAIR  KELLER directed  the committee's  attention to  a response                                                               
from the Department of Corrections  found in the committee packet                                                               
related to the resources that are available to an inmate.                                                                       
                                                                                                                                
3:25:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection.  There being no                                                                 
further objection, Amendment 18 was adopted.                                                                                    
                                                                                                                                
3:25:17 PM                                                                                                                    
                                                                                                                                
[CSSB 64(FIN) was held over.]                                                                                                   
                                                                                                                                
3:26:54 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:27 p.m.                                                                 

Document Name Date/Time Subjects
SB 64 Document~DOC Response to March 28 H Judiciary Questions.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 187 Sponsor Statement.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187~Explanation of Changes.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Sectional Analysis.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187~Explanation of Changes.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~DOC.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~OPA.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~LAW.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~PDA.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~OPA.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~Rule 37.5 Access to Court Records.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~CINA Rule 8.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~AK Forensic Child Interview Roundtable.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~AK Criminal Procedure Rule 16(d).pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~AK Children's Justice Act Task Force.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 64 Proposed Amendment L.9.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.21.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Support Letter Cook Inlet Tribal Council.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Opposition Letter~Babette Miller.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.18.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
HCSCSSB 187 (JUD) ver. P Draft.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 64 Proposed Amendment L.15 (Unlawful Evasion).pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.24.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.28.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
HCSCSSB 187 (JUD) Conceptual Amendment.pdf HJUD 4/4/2014 1:00:00 PM
SB 187