Legislature(2005 - 2006)

03/01/2005 05:41 PM 056


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05:41:34 PM Start
05:43:25 PM SB56SB56
06:01:10 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                    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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