Legislature(2001 - 2002)
03/20/2001 05:05 PM House RLS
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ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
March 20, 2001
5:05 p.m.
MEMBERS PRESENT
Representative Pete Kott, Chair
Representative Brian Porter
Representative Vic Kohring
Representative Carl Morgan
Representative Lesil McGuire
Representative Ethan Berkowitz
Representative Reggie Joule
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 22
Relating to a diverse community; condemning a recent racially
motivated attack; and requesting the Municipality of Anchorage
police department to conduct a conclusive investigation and to
take rapid action against the perpetrators.
- HEARD AND HELD
PREVIOUS ACTION
BILL: HJR 22
SHORT TITLE:DIVERSE COMMUNITY/CONDEMN HATE CRIMES
SPONSOR(S): RLS BY REQUEST OF HOUSE
Jrn-Date Jrn-Page Action
03/16/01 0626 (H) READ THE FIRST TIME -
REFERRALS
03/16/01 0626 (H) RLS
03/16/01 0626 (H) REFERRED TO RULES
03/20/01 (H) RLS AT 5:00 PM BUTROVICH 205
ACTION NARRATIVE
TAPE 01-3, SIDE A
Number 0001
CHAIR PETE KOTT called the House Rules Standing Committee
meeting to order at 5:05 p.m. Representatives Kott, Porter,
Kohring, Morgan, McGuire, Berkowitz, and Joule were present at
the call to order.
HJR 22-DIVERSE COMMUNITY/CONDEMN HATE CRIMES
Number 0038
CHAIR KOTT announced that the only order of business before the
committee would be HOUSE JOINT RESOLUTION NO. 22, Relating to a
diverse community; condemning a recent racially motivated
attack; and requesting the Municipality of Anchorage police
department to conduct a conclusive investigation and to take
rapid action against the perpetrators.
Number 0046
REPRESENTATIVE PORTER said that he and others have been torn
regarding what to do in response to the recent paintball
incident. He said, "To say that we're outraged, is probably a
euphemism at this stage." He informed the committee the he has
an edited version of the videotape of this incident for the
committee's review. He indicated that this incident has created
the recognition that perhaps our state has a problem.
REPRESENTATIVE PORTER noted his past life, which makes him
appreciate the situation that the Anchorage Police Department
and the state prosecutor's office are facing. He also noted
that the Minority Leader has prepared and prosecuted these kinds
of cases. He acknowledged that the communities want swift
action, which certainly should occur when possible. However,
one must take care not to jeopardize a successful prosecution.
Representative Porter said, "And that's the delicate balance
that is going on right now in Anchorage. Notwithstanding that,
I think it would not tip that balance adversely for the
legislature to express its point of view of the entire area."
Number 0248
The video recording made by the teens was shown to the
committee. The videotape shows the three teens driving around
downtown Anchorage shooting paintballs at Native Alaskans. The
audio from the video recording lasts about 20 minutes.
Number 1461
REPRESENTATIVE PORTER said:
I think you can appreciate even more after seeing that
why, if I were in my previous life, I would want to
make sure that I took every step and that the whole
criminal justice system prepared a case and didn't
start the 120-day rule ticking until it was absolutely
sure that the prosecution would be successful. One of
the problems with making a premature arrest is that it
starts the speedy trial rule ticking. And that, by
our case law, requires the prosecution must be started
within 120 days. If evidence is still out-of-state
being processed or all of the victims have not been
identified and those kinds of things, you run afoul of
not having as a good a ... prosecution as you might
want to have. So, I think that explains the delay,
but doesn't necessarily mean we have to.
REPRESENTATIVE PORTER related his understanding that a couple of
other folks who were unaware of the meeting would like to
testify. Therefore, Representative Porter said he didn't mind
delaying passage of HJR 22 from committee until those folks
could testify. He offered the following amendment, Amendment 1,
for consideration:
Page 1, lines 2-3:
Delete "conduct a conclusive investigation and to
take rapid action against the perpetrators"
Insert "continue their conclusive investigation
and for the criminal justice system to take rapid
action to reach their determination of this case"
Page 2, line 20:
Delete "the swift prosecution and punishment of
perpetrators"
Insert "for the criminal justice system to take
the actions necessary to reach a rapid determination"
Number 1550
REPRESENTATIVE McGUIRE moved that the committee adopt Amendment
1. There being no objection, Amendment 1 was adopted.
CHAIR KOTT announced his intention to hold the hearing open in
order to allow others to testify. He also announced his intent
to calendar this resolution as quickly as possible.
REPRESENTATIVE McGUIRE said that she looked forward to moving
this resolution as quickly as possible. She acknowledged the
notion regarding whether or not passing resolutions is really
doing "our" job. She related her belief that in this case, this
resolution is very important and offers support to the local
authorities that she believes are doing their job diligently.
In her opinion, this resolution also addresses some of the
concerns regarding whether or not this is a problem.
Representative McGuire said that in discussions with colleagues,
it is evident that that [the legislature] recognizes [hate
crimes] are a problem and want to do all possible to support the
authorities. In conclusion, Representative McGuire expressed
her support.
Number 1626
REPRESENTATIVE JOULE noted his appreciation for the intent of
this resolution. He also noted that there is a similar
resolution in the Senate, although it has a somewhat different
scope. The Senate resolution, SJR 19, calls for the Civil
Rights Commission to perform a formal investigation of the
paintball incident as well as others. He asked if such had been
taken into account in this resolution.
REPRESENTATIVE PORTER said that he didn't oppose adding such
language.
REPRESENTATIVE JOULE also noted his appreciation of Chair Kott
allowing the committee time to review HJR 22 as well as inviting
the Alaska Federation of Natives (AFN) to speak to the
resolution.
Number 1724
REPRESENTATIVE BERKOWITZ remarked that he was reviewing the
criminal statutes, which seem to provide ample opportunity to
express the frustrations that exist. He informed the committee
that he spent some time as the hate crimes prosecutor in
Anchorage. He said, "You never see a case as clear cut as this.
This is appalling. And I think if anyone operates under the
notion that there's no racism in Alaska, it should dispel that
notion." Furthermore, any steps that [the legislature] can take
to heighten public awareness and sensitivity should be taken.
He acknowledged that he has been critical of the resolution
process in the past. However, a process must begin by talking
about it. He said, "A resolution of this nature can carry
substantial weight and I hope that we make sure that the
resolution we put forward carries that kind of weight."
CHAIR KOTT agreed that there is ample opportunity under a number
of statutes to prosecute. He related his belief that "the
resolution ... would go a long way towards that prosecution."
ADJOURNMENT
Number 1797
CHAIR KOTT announced that the committee would recess to the call
of the chair at 5:40 p.m. [The committee reconvened on March
21, 2001, at 4:36 p.m.]
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