Legislature(2005 - 2006)
03/01/2005 05:41 PM Joint 056
| Audio | Topic |
|---|---|
| Start | |
| SB56SB56 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
CONFERENCE COMMITTEE ON SB 56
March 1, 2005
5:41 p.m.
MEMBERS PRESENT
Senator Gene Therriault, Chair
Senator Ralph Seekins
Senator Hollis French
Representative Ralph Samuels, Chair
Representative Max Gruenberg
Representative John Coghill
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 56(JUD)
"An Act relating to criminal law and procedure, criminal
sentences, and probation and parole; and providing for an
effective date."
HOUSE CS FOR CS FOR SENATE BILL NO. 56(FIN) am H
"An Act relating to criminal law and procedure, criminal
sentences, and probation and parole; and providing for an
effective date."
MOVED CCS SB 56 OUT OF COMMITTEE
WITNESS REGISTER
Susan Parks, Deputy Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on SB 56.
ACTION NARRATIVE
SB 56-CRIMINAL LAW/PROCEDURE/SENTENCING
CHAIR GENE THERRIAULT called the meeting to order at 5:41:34 PM.
All members were present. He announced CSSB 56(JUD) and HCS CSSB
56(FIN) am H to be up for discussion.
5:43:25 PM
REPRESENTATIVE GRUENBERG referenced his proposed Amendment 1.
24-LS0308\XA.2
Luckhaupt
7/1/05
A M E N D M E N T 1
OFFERED IN THE HOUSE BY REPRESENTATIVE GRUENBERG
TO: HCS CSSB 56(FIN) am H
Page 17, line 7, following "AS 11.46.400":
Insert "or a defendant who has previously been convicted of
a felony"
Page 17, line 8:
Delete "disorder or disability, including fetal alcohol
spectrum disorder,"
Insert "disease or defect as defined in AS 12.47.130 or
fetal alcohol syndrome"
5:45:52 PM
CHAIR THERRIAULT indicated that he wanted to work with version C
of SB 56.
SUSAN PARKS, Deputy Attorney General, advised the committee that
the definition of mental disease or defect in AS 12.47.130. is
as follows:
(3) "mental disease or defect" means a disorder of
thought or mood that substantially impairs judgment,
behavior, capacity to recognize reality, or ability to
cope with the ordinary demands of life; "mental
disease or defect" also includes mental retardation,
which means a significantly below average general
intellectual functioning that impairs a person's
ability to adapt to or cope with the ordinary demands
of life.
SENATOR FRENCH asked what effect it has on a case if a defendant
can prove that he is affected.
MS. PARKS replied that he could be found guilty, but mentally
ill as well.
5:48:53 PM
SENATOR FRENCH commented that being mentally ill doesn't reduce
your sentence and doesn't get you off the hook.
MS. PARKS agreed and added that if mental illness is used to
lower the degree of your offense, it can't be used to mitigate
your sentence.
5:55:02 PM
REPRESENTATIVE GRUENBERG moved to adopt CCS SB 56, version 24-
LS0308\C. There were no objections and it was so ordered.
REPRESENTATIVE GRUENBERG divided the question on his proposed
amendment and moved Amendment 1 to CCS SB 56 as follows:
Page 17, line 7, following "AS 11.46.400":
Insert "or a defendant who has previously been convicted of
a felony"
There were no objections and Amendment 1 was adopted.
REPRESENTATIVE SAMUELS commented on his concern that a convicted
felon can avail himself of mitigation.
REPRESENTATIVE GRUENBERG offered Amendment 2 to CCS SB 56 to
insert as defined in AS 12.47.130 on page 17, line 8, after
"defect".
5:57:38 PM
CHAIR THERRIAULT asked if that reference was necessary.
MS. PARKS replied that she didn't know for sure.
5:59:29 PM
There were no further objections and Amendment 2 was adopted.
SENATOR SEEKINS moved to adopt CCS SB 56 as it was amended.
There were no objections and it was so ordered.
CHAIR THERRIAULT said tomorrow he would ask the Senate for the
powers to modify the language and CCS SB 56 would be adopted and
moved out. There being no further business to come before the
committee, he adjourned the meeting at 6:01:10 PM.
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