Legislature(2001 - 2002)
04/09/2002 09:47 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
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MINUTES
SENATE FINANCE COMMITTEE
April 09, 2002
9:47 AM
TAPES
SFC-02 # 51, Side A
SFC 02 # 51, Side B
CALL TO ORDER
Co-Chair Pete Kelly convened the meeting at approximately 9:47 AM.
PRESENT
Senator Dave Donley, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Jerry Ward, Vice Chair
Senator Loren Leman
Senator Lyda Green
Senator Gary Wilken
Senator Alan Austerman
Senator Donald Olson
Also Attending: REPRESENTATIVE NORM ROKEBERG; JANET SEITZ, Staff,
Representative Norm Rokeberg; ANNE CARPENETI, Criminal Division,
Department of Law
Attending via Teleconference: From Mat Su: JACKIE SWAYNE; Offnet:
LIEUTENANT JULIA GRIMES, Department of Public Safety; Offnet: LINDA
WILSON, Deputy Director, Public Defender Agency, Department of
Administration; From Anchorage: MARTI GREESON, Mother's Against
Drunk Driving; JAMES WANAMAKER, Judge, Anchorage Wellness Court;
BOB BAILEY, Co-Chair, Mayor of Anchorage's Driving While
Intoxicated Task Force; RICHARD PAYNE, Attorney, Civil Division,
Municipality of Anchorage; MARY MARSHBURN, Director, Division of
Motor Vehicles, Department of Administration; BRUCE ROBERTS, City
Prosecutor, Municipality of Anchorage; JANET MCCABE, Partners for
Progress
SUMMARY INFORMATION
HB 4-MOTOR VEHICLES & DRUNK DRIVING
The Committee heard from the bill's sponsor, the Department of
Public Safety, the Department of Law, and the Department of
Administration and took public testimony. A committee substitute
was adopted, and the bill was held in Committee.
[Note: There is a loud buzz on this recording tape and portions of
the tape are difficult to hear.]
SENATE CS FOR CS FOR HOUSE BILL NO. 4(JUD)
"An Act relating to motor vehicles and to operating a motor
vehicle, aircraft, or watercraft; and providing for an
effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
Co-Chair Donley offered a motion to adopt SCS CS HB 4, 22-LS0046\M
as a working draft.
There being no objection, the committee substitute was ADOPTED as a
working draft.
REPRESENTATIVE NORM ROKEBERG, the sponsor of the bill, explained
that the previous version of the bill resulted in fiscal notes of
approximately $4 million. He stated Version "M" reduces costs
associated with the bill, and he explained the fiscal savings
resulting from incorporating such changes as making treatment
programs voluntary instead of mandatory while incarcerated;
deleting language pertaining to registration plate seizures;
eliminating all increases in minimum sentences except for
manslaughter; and eliminating all mandatory forfeiture language for
misdemeanors but retaining mandatory forfeiture for felonies.
Representative Rokeberg voiced his desire to retain the language
regarding confiscation and forfeiture of vehicles upon a third
Driving While Intoxicated (DWI) misdemeanor, which is considered a
felony if it occurs within a specified number of years of the first
two offenses. He noted that the Municipality of Anchorage and the
City of Fairbanks have forfeiture provisions and commented that the
Municipality of Anchorage confiscated 12 vehicles the prior year.
Representative Rokeberg stated the bill continues to include
language regarding increased fines for DWI offenses and refusal to
be administered a drug test; specifies that municipalities could
adopt more stringent standards than the State for the impoundment
or forfeiture of motor vehicles involved in DWI offenses; changes
the name of the offense from Driving While Intoxicated (DWI) to
Driving Under the Influence (DUI); adds inhalants to the offenses;
increases fees for reinstating a license after a DUI conviction;
allows Courts the ability to levy fines and consider jail-term
reductions for such things as completion of a therapeutic court
program or court ordered treatment program; and clarifies certain
areas of the law regarding the house arrest/electronic monitoring
program.
Representative Rokeberg shared with the Committee that in order to
keep this bill moving through the legislative process, some
expensive components of the bill were removed. Overall, he stated,
when the increased revenue resulting from the new fines structure
is factored in, Version "M" should not generate a net expense and
might generate revenue.
Senator Green, referencing the sponsor's letter dated April 8, 2002
[copy on file], asked for further explanation of the term
"refusal."
Representative Rokeberg explained that the term "refusal" pertains
to a person's refusal to consent to a chemical sobriety test.
Co-Chair Donley inquired if the "reduced penalty" program, which
allows the Court System the ability to lower fines and jail time
for those individuals who have successfully completed a therapeutic
court program or court ordered treatment program, is available to
repeat offenders.
Representative Rokeberg responded it is.
Co-Chair Donley asked if there is a limit to the number of times a
repeat offender could get a reduction in fines or jail-time for
participating in these programs.
Representative Rokeberg responded there is "no statutory barrier"
to the number of times a judge could direct a person with multiple
DUI offenses to enroll in a treatment program. He noted the idea
being that even an individual who has attended a treatment program
previously could further benefit from participating in and
successfully completing the program.
Co-Chair Donley contended that a "successful completion" of the
program is garnered by simply attending classes; it does not mean
the person has overcome the problem.
Representative Rokeberg concurred and stated the current bill
provides for up to a 75 percent penalty reduction for successful
completion of the program; however, he would not be opposed to
lowering the maximum penalty reduction to 50 percent.
Senator Hoffman, referring to the mandatory revocation of a
vehicle's registration or confiscation, inquired as to what occurs
when a vehicle is registered in both a husband and wife's name.
JANET SEITZ, Staff to Representative Norm Rokeberg, directed the
Committee to the Remission of Forfeitures provision on page 33,
Section 51, of the committee substitute, which requires the State
to provide to every person who has an ownership interest or a
security interest in a vehicle the right to intervene to protect
their interest. She explained that the procedure would entail the
non-offending person to attend a hearing, establish their interest
in the vehicle, and verify they were not a party to the offense.
She explained that the Court could then either order the vehicle to
be released to that person or order an amount equal to that
person's interest in the vehicle be paid.
Senator Hoffman inquired how the process would unfold if this
involves the family's only vehicle.
Ms. Seitz stated the person could approach the Court and ask for
the vehicle to be released.
Senator Hoffman commented this process might take up to two weeks.
Ms. Seitz stated the purpose of this provision is to separate the
offender from the vehicle.
Senator Olson asked if this bill has any effect on snowmachines or
four-wheelers, which are modes of transportation in Rural Alaska.
Representative Rokeberg stated the bill's provisions would apply to
these machines.
Senator Olson surmised these machines could be confiscated.
Representative Rokeberg clarified they could be, but only upon the
third DWI offense.
Senator Olson asked for further explanation of a limited driver's
license.
Representative Rokeberg replied that a limited driver's license
could be issued to an individual whose lack of a driver's license
would affect their ability to work.
Senator Olson asked for further information about driving without
vehicle liability insurance.
Representative Rokeberg explained this bill would require
individuals to present proof of insurance when registering a
vehicle. He noted that existing State law mandates vehicles to have
liability insurance; however there is no enforcement procedure in
place. He continued that the option of mandating insurance
companies to notify the State when vehicle coverage is cancelled
would result in a Department of Public Safety fiscal note of
approximately $2 million due to the need to maintain computer
systems, store the insurance information, and coordinate with
insurance companies. He stated, due to the expense, this
requirement is not included in the bill; however, if the Committee
wished to include a fiscal note to cover the expense of having
insurance companies notify the State when a vehicle's coverage is
cancelled, he would be supportive of it.
Senator Olson stated some vehicles, particularly off-road vehicles,
utilized in remote areas of the State with limited road systems,
are not often registered.
Representative Rokeberg stated there is a provision in the bill
supporting local government control of certain regulations, but
that vehicles used on "roads in the State" should be registered.
Senator Olson reminded the Committee that not all roads are State
roads.
Representative Rokeberg concurred.
Senator Ward asked Representative Rokeberg to further explain
Section 31, subsection (4) on page 20.
Representative Rokeberg stated this section would allow for
electronic monitoring as a condition of the sentencing.
Senator Ward clarified that this language would not affect the
mandatory sentencing time for multiple offenders, and "the jail-
time would remain in place."
Representative Rokeberg concurred.
JACKIE SWAYNE testified via teleconference from Mat-Su to voice
support of this bill. She reminded the Committee that the
Legislature appropriated money in 1989 and 1990 that was never
expended, for the purchase of ignition electronic locking devices
for vehicles. She stated these devices would, "in effect," prevent
a drunk driver from driving by not allowing a car to start. She
informed the Committee these devices have been documented as
effective, and cost as low as $500 per unit. She also informed the
Committee that on the average, an alcoholic would drive drunk
between 200 and two thousand times before receiving their first DUI
conviction. She stressed that "taking away their license" would not
prevent an alcoholic from drinking and driving, and national
statistics indicate that incarceration is also not a deterrent nor
does it seem to be rehabilitative. She stated that the interlock
device would prevent an alcoholic from starting their car, and
there is currently legislation being considered at the federal
level that would require states to use the ignition interlock
systems. She commented that Alaska's prison population includes
hundreds of inmates who are incarcerated on alcohol related
charges. She reiterated that the use of the ignition interlock
devices would assist in reducing the number of repeat drunk
drivers.
LIEUTENANT JULIA GRIMES, Department of Public Safety, testified
offnet to voice that the Department of Public Safety supports
Version "M" of the bill.
Senator Ward asked what is the legal limit for impairment in Alaska
for aircraft and commercial vehicle operators.
Lieutenant Grimes stated that the legal intoxicated level for
regular drivers is 0.08 blood alcohol content level (BAC) or higher
and it is 0.04 or higher for commercial vehicle drivers.
Senator Ward asked why the limit for commercial vehicles and pilots
is lower than the 0.08 BAC limit for regular drivers.
Lieutenant Grimes speculated they are "held to higher standards."
Co-Chair Kelly stated commercial drivers' BAC levels comply with
federal standards and added that aircraft pilots cannot consume
alcohol within twenty-four hours of flying.
Lieutenant Grimes clarified that recent changes specify that pilots
cannot fly within eight hours of consuming alcohol.
Senator Ward declared "this is one of the flaws in the bill," for
the 0.08 level allows people multitude opportunities to drink and
drive, whereas commercial drivers and pilots would lose their
license after their first offense. He contended the 0.04 level
could be reached before consumption of an entire drink. He stated
that after the first offense, the State still allows drivers to
have "that second drink." He voiced that the ignition-locking
device on cars would assist in preventing repeat drivers from
having the opportunity to drink and drive again. He stressed that
the State should hold repeat drunk drivers to the 0.04 BAC level,
and if the State is attempting to reduce the number of repeat
offenders, this lower level for repeat offenders should be included
in this bill.
Representative Rokeberg reminded the Committee the State's
tolerance limit was recently lowered to 0.08 from the previous 0.10
BAC level, and there is also a recently enacted chargeable offense
impairment statute under which a 0.04 BAC level could apply. He
noted that a toximeter test administered at the police station is
usually routine to double check a BAC level; however, it is rare to
have anybody charged and convicted under the current statute. He
acknowledged the validity of Senator Ward's comments, but stated
that current statutes could address them.
Senator Ward informed the Committee that the therapeutic treatment
programs clearly inform their enrollees that if they were
apprehended a second time for driving with a 0.08 or higher BAC
level, they would be convicted of a DUI. He stressed that the
Legislature should mandate the programs to specify that if a person
has one drink and registers a 0.04 level; they would be convicted
of a second DUI and would spend 20 days in jail. He insisted
therein lies the problem, as the 0.08 BAC level authorizes people
to have one drink; however, an alcoholic cannot "have just one
drink." He reiterated that the 0.04 BAC level would deter people
from having that second drink.
Senator Hoffman, referencing the Department of Public Safety's
fiscal note, stated its analysis specifies that arrangements for
vehicle storage is not included in the fiscal note; however, it
appears to be included in the note as money is earmarked for
storage under both the second and third offense. He asked what the
amounts specified cover.
Lieutenant Grimes responded the costs are for security of currently
stored vehicles, and noted that long-term storage costs would
change the note.
Senator Hoffman asked if vehicle storage is only available in
Anchorage, Palmer and Fairbanks.
Lieutenant Grimes responded that is correct and vehicles would need
to be transported from rural areas to these three facilities to
assure they are stored in a safe place.
Senator Hoffman asked if vehicles confiscated in Nome, Barrow and
other remote areas would need to be flown to one of these three
storage areas.
Lieutenant Grimes responded that is correct, as storage areas could
not be secured in those areas. She stated that transportation costs
are reflected in the fiscal note.
Co-Chair Donley, noting Lieutenant Grimes' remark that the
Department of Public Safety supports Version "M" of the bill,
inquired as to the Department's view on permitting repeat drunk
driving offenders a 75 percent reduction in jail-time sentencing if
they successfully complete a court ordered treatment program. He
communicated his understanding of the bill's current language to be
that even fifth time offenders could still qualify for reduced
sentencing if they successfully participated in a treatment
program.
Ms. Seitz specified that the language would allow the Court System
to reduce the sentence by up to 75 percent of the minimum mandatory
time.
Co-Chair Donley stated this could mean the Court could specify that
a person receive no jail time.
Ms. Seitz responded that if a person successfully completes the
Court ordered treatment program, "and the Judge felt it was
warranted, then yes." She continued that the program could take as
long as 18 months to complete, and that the offender is extensively
monitored while participating in the program, including: house
arrest, electronic monitoring, and a strict schedule of their time
when not at the treatment program.
Co-Chair Donley asked if the Department of Public Safety supports
the sentencing reduction.
Lieutenant Grimes responded, "it has not been shown that keeping
someone in jail for a particularly long time is going to keep them
from getting into a vehicle, any vehicle, and driving drunk because
of the fact, that the bottom line is that they are an alcoholic and
they will steal a vehicle, they will borrow a vehicle." She
referenced Ms. Swayne's comments that extensive jail time does not
make a huge difference in that behavior. She stated a treatment
program could be successful.
Co-Chair Donley clarified Lieutenant Grimes' comments as indicating
support of the possibility of no jail time for repeat offenders.
Lieutenant Grimes replied she would like to review the bill's
language before commenting further.
Co-Chair Kelly requested Lieutenant Grimes submit the Department's
position on Co-Chair Donley's question.
MARTI GREESON, representing Mother's Against Drunk Driving (MADD)
testified via teleconference from Anchorage to voice that MADD
supports HB 4 and understands the changes the bill has experienced.
SFC 02 # 51, Side B 10:35 AM
Ms. Greeson noted offenders participating in court ordered
therapeutic treatment programs are closely monitored, are required
to comply with many set standards including where they are employed
and who they could associate with, and have to notify program
administrators of their whereabouts. She stressed these provisions
result in tight controls of individuals enrolled in the programs.
She noted that MADD supports the flexibility of "actual" jail time
for individuals who have successfully complied with a court ordered
treatment program. She informed the Committee that Alaska ranked
number one in the nation in the percentage of traffic deaths
resulting from drunk driving in 2001. She stated there is current
legislation being considered by the Legislature that would place an
additional tax on the sale of alcoholic beverages. She opined that
this could be an avenue through which to bring in needed revenue to
the State.
AT EASE 10:37 AM / 10:39 AM
Co-Chair Donley asked if MADD agrees "there should be a cutoff
point" as to the number of times a repeat offender could
participate in a court ordered treatment program that would make
them eligible for lesser jail time.
Ms. Greeson replied yes, if a person has completed a court ordered
treatment program it should "not be a consideration in the future."
Co-Chair Donley asked if MADD agrees there should be a limit as to
how many times an offender participates in the program.
Ms. Greeson stated that if someone has a history of drunk driving
with no interventions, there "should be that availability for
consideration for intervention."
Co-Chair Donley concluded from Ms. Greeson's remarks that MADD does
not agree "there should be a cutoff" on the number of times a
person could participate in the treatment programs.
Co-Chair Kelly stated that if Ms. Greeson wished to comment further
to Co-Chair Donley's question, she could contact his office. He
asked for confirmation that she is speaking on behalf of MADD.
Ms. Greeson expressed she is speaking on behalf of MADD.
LINDA WILSON, Deputy Director, Public Defender Agency, Department
of Administration testified offnet to voice appreciation to the
sponsor and his staff for allowing the Agency to participate in the
drafting of this bill. She noted this cooperative effort has
allowed the Agency to gather information "both formally and
informally" in the process.
Ms. Wilson stressed the Agency recognizes that driving under the
influence is a serious problem in the State. She informed the
Committee that this Legislature has "made the most sweeping changes
to Alaska's drunk driving laws in many years." She stated these
changes, which include "the lowering of blood alcohol content level
to 0.08, the lengthening of the look-back provisions for felony
DWI's, and well as the removal of the 10-year limitation on prior
convictions have greatly expanded the reach of State laws on not
only repeat drunk driving, but first time drunk driving as well."
Ms. Wilson remarked that the expansion of the authorization for
search warrants for blood to be obtained in drunk driving cases was
important; however, "most importantly" the Legislature created a
new Therapeutic Court pilot project in conjunction" with the other
drunk driving legislation. She voiced appreciation on behalf of the
Public Defenders Agency for the support Therapeutic Courts
received, and stated that with sufficient resources, these
Therapeutic Courts would "have a positive impact in reducing
recidivism and will make Alaska a safer place to live."
Ms. Wilson reminded the Committee these Therapeutic Courts were
new, some established within the prior six months and results
cannot yet be determined. She urged the Committee to not increase
penalties or jail-time without first giving the Therapeutic Courts
time to be effective. She asserted that the Therapeutic Court and
the effects of the new laws have not being allowed sufficient time
to be studied. She stated these new laws do not yet need to be
supplemented with the language in this bill, as "it would be best
to wait and see and more closely assess the affects of the new laws
before enacting any additional related laws."
Ms. Wilson reiterated that increased fines and jail-time have not
proven very effective historically in combating drinking and
driving, and urged the Committee to give the recently enacted laws
time to be effective. She stated she would like to make some brief
comments on Version "M."
Co-Chair Kelly, for the sake of time, asked Ms. Wilson to instead,
forward those comments in writing to the Committee.
Co-Chair Kelly requested all testifiers to incorporate an answer in
their testimony to Co-Chair Donley's question regarding how many
times a repeat offender could participate in a court appointed
treatment program which could allow for an up to 75 percent
reduction in jail-time.
JAMES WANAMAKER, "a judge who presides over misdemeanor wellness
courts," testified via teleconference from Anchorage to comment
that an earlier version of this bill mandates offenders to:
participate in a Wellness Court, be sober for 18 months, and be
tightly monitored and tested. He stated that, additionally, a
limited license could be granted to these individuals so they could
get to work. He stressed that this version of the bill includes new
language that would allow other programs to be approved for
treatment that he considers not as effective. He urged the
Committee to consider "tightening the bill back up to the earlier
version."
Mr. Wanamaker, responding to Co-Chair Donley's question, stated he
has seen people in the treatment program more than five times who
have a "continuing misadventure with alcohol." He stated; however,
that "once they get sober, its all over. Those who dedicate
themselves most strongly to the program are those who are disgusted
with themselves." He stated he would not take away the benefits for
those with repeated offenses for once they succeed at sobriety, "we
won't see these people again."
BOB BAILEY, Co-Chair, Anchorage Mayor's Task Force on DWI,
testified via teleconference from Anchorage to voice support for
the provisions in this bill including mandatory forfeiture of a
vehicle, revocation of vehicle registration, and the ability for
local governments to have "more stringent regulations." He remarked
that the Task Force strongly supports the Therapeutic Court model.
He informed the Committee that in the summer of the year 2000, the
Task Force heard hours of public testimony on the issue of DWI and
found that "the brightest hopes on the horizon for this offense is
the Therapeutic Court model." He stated one of the most important
aspects of that model is to offer someone the hope that upon
completion of the program, and demonstrating sobriety over a long
and monitored program, "then the Judge must have the ability to
shorten the sentence and reduce fines."
Mr. Bailey stated that although the Task Force did not discuss Co-
Chair Donley's question, he expressed there should not be a limit
placed on the number of times a person could participate in a
treatment program as the goal is to bring an offender to sobriety
and to not offend again and "if this is the way to do it then we
should not remove that incentive." He stated that removing that
incentive and just putting people in jail for a long period of
time, would result in them re-offending when they were released
from jail.
Co-Chair Donley wished to clarify that his question does not
pertain to someone who has never participated in the program but
rather to those who are repeat offenders. He noted that repeat
offenders could avoid jail time, under this bill, if they enroll in
a court approved therapy program.
RICHARD PAYNE, Attorney, Civil Division, Municipality of Anchorage,
testified via teleconference from Anchorage that he is in charge of
the city's vehicles' forfeitures and impoundment program. He stated
he is available as a resource on how to manage this type of
program.
MARY MARCHBURN, Director, Division of Motor Vehicles, Department of
Administration, testified via teleconference from Anchorage to echo
Ms. Wilson's comments regarding the bill. She additionally voiced
her appreciation to the sponsor and his staff for drafting this
bill and consulting with the Department.
Ms. Marchburn voiced concern with the language on page 11, line 23
of the bill, which addresses making a limited license available
upon completion of a Therapeutic Court program. [Audio is
indiscernible on this segment of the tape]. She continued that the
Therapeutic Court is new and has many merits, and agrees with Ms.
Wilson that the results of the program should be seen before
multiple offenders are allowed to drive again, particularly if they
had refused to take a "breath test." She finished by stating this
provision in the bill needs to be rethought.
BRUCE ROBERTS, City Prosecutor, Municipality of Anchorage,
testified via teleconference from Anchorage to respond to Co-Chair
Donley's question. He explained to the Committee that, in practice,
in the Anchorage Courts, it is common to allow a portion of fines
suspended to give incentive for offenders to pay for the cost of
the treatment program. He stressed that if treatment is not
provided in custody, it is prudent to provide an incentive to
people so they would commit to the treatment on their own. He
disclosed that currently in the Anchorage Therapeutic Court, the
people who attend the program attend without a time reduction
incentive; however, they may receive the mandatory minimum jail-
time. He noted there is a waiting list to get into these programs.
JANET MCCABE, Partners for Progress, testified via teleconference
from Anchorage and emphasized that an absolutely essential
provision is one allowing judges the option to reduce sentences for
completion of the 18-month Wellness Court program. She stressed the
need for this provision, and declared that to some people, the
desire to be able to drive could be just as much an incentive to
enroll in a treatment program as the desire to get sober.
Ms. McCabe stated, in answer to Co-Chair Donley's question, that
treatment programs should be available to repeat offenders. She
also voiced support of allowing people who graduate from the 18-
month therapeutic Wellness Court to get a temporary license as it
is a powerful incentive for people to complete the program and
assists in keeping people "heading on the right course" as
constructive members of society.
Senator Ward commented that not all people who are convicted for a
DWI are alcoholics, but he would like to treat them as such. He
referenced Mr. Roberts's comment that after a person successfully
completes the 18-month Wellness Program, they would remain sober.
Senator Ward stated that current law of 0.08 blood alcohol content
level would allow those individuals to have a drink and drive after
completion of the program, and he supports this level being lowered
for repeat offenders to 0.04 BAC. He asked the logic of not
permitting an individual in the treatment program to have a drink
for 18 months, and then, as soon as they have completed the
program, they would be able to consume alcohol and drive.
Mr. Roberts agreed with Senator Ward, and stated when he sentences
DWI offenders, he not only specifies they enroll in a treatment
program, but additionally includes a provision that that person,
when on probation, cannot possess or consume alcohol.
Senator Ward maintained that people who are convicted more than one
time of a DUI are a problem and should be treated as an alcoholic
and qualify for the 0.04 BAC level policy that commercial drivers
and pilots adhere to.
[Audio recording problems made Co-Chair Kelly's response
indiscernible.]
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
Department of Law addressed the Department's concerns with certain
components of bill such as the mandatory vehicle forfeiture
provision, and the allowance of limited licenses for DWI drivers
who have refused a breathalyzer test or have been convicted of
driving with a suspended license. She additionally voiced concern
that the Department of Motor Vehicles would be able to issue
limited licenses, as that Department does not have full access to
the criminal justice records that the Department of Law does.
Ms. Carpeniti, referencing page 23 of Version "M," stated that the
language allowing for a reduction in sentence if a person completes
a court ordered treatment program should have the approved programs
defined, as the language does not adopt standards for a therapeutic
program, nor specify where the programs are available. She stated
that other than these concerns, the bill has many good components.
Senator Ward inquired if treating repeat DWI offenders differently
than other people by specifying their BAC legal limit be 0.04
instead of 0.08 would be permissible under the Constitution.
Ms. Carpeneti stated she has not done any research on this.
Senator Ward asked Ms. Carpeneti to have the Department of Law
research the question of the legality of requiring a repeat
offender to be subject to a 0.04 BAC standard.
Ms. Carpeneti stated this is a serious concern, and she would
investigate it.
Senator Ward stressed the need to get the message to people that
they could not drink and drive.
Representative Rokeberg commented that the 18-month Wellness Court
Program is a very good program, but it is difficult to get into. He
continued this is the reason the language in the bill is expanded
to include other court approved treatment programs. He agreed that
there is a need to further define what those programs should be.
Representative Rokeberg stated he would work with the Committee to
draft another committee substitute that would address defining the
treatment programs as well as addressing the concerns with the
limited driver's license.
Co-Chair Kelly stated the new committee substitute should address
these concerns and others identified by Committee members.
Co-Chair Donley, responding to Senator Ward's concern about the
0.04 BAC limit, explained there is a rational basis test
administered by the Court that involves equal protection under
State Law which could justify this lower level.
[There are audio quality problems at this segment of the tape.]
Senator Ward stated that "holding people accountable" for their
actions would assist in overcoming the problem caused by repeat
offenders. He complimented the role of the Therapeutic Court.
Co-Chair Kelly ordered the bill HELD in Committee.
ADJOURNMENT
Co-Chair Pete Kelly adjourned the meeting at 11:20 AM.
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