Legislature(1995 - 1996)
03/01/1995 01:34 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
March 1, 1995
1:34 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Lyda Green, Vice-Chairman
Senator Mike Miller
Senator Al Adams
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
SENATE BILL NO. 4
"An Act relating to arrest of a person under age 21 for illegal
possession, consumption, or control of alcohol; to classifying
certain offenses related to driving while intoxicated or failure to
submit to a chemical test as felonies; and providing for an
effective date."
SENATE BILL NO. 46
"An Act revising the provision of law under which a minor may be
charged, prosecuted, and sentenced as an adult in the district
court, and adding to the list of offenses for which a minor may be
prosecuted as an adult in the district court."
SENATE BILL NO. 14
"An Act relating to criminal mischief."
PREVIOUS SENATE COMMITTEE ACTION
SB 4 - See State Affairs minutes dated 2/9/95 and 2/21/95.
SB 46 - See Judiciary minutes dated 2/27/95.
SB 14 - See Judiciary minutes dated 2/1/95, 2/6/95, 2/8/95,
2/27/95.
WITNESS REGISTER
Joe Ambrose
Chief of Staff to Sen. Taylor
State Capitol
Juneau, Alaska 99811
POSITION STATEMENT: Testified for sponsor of SB 4
Del Smith
Deputy Commissioner
Department of Public Safety
P.O. Box 111200
Juneau, Alaska 99811-1200
POSITION STATEMENT: Testified in support of SB 4
Juanita Hensley
Division of Motor Vehicles
Dept. of Public Safety
P.O. Box 20020
Juneau, Alaska 99811-0020
POSITION STATEMENT: Testified on SB 14
Margot Knuth
Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Testified on SB 4, SB 14, and SB 46.
Jack Chenoweth
Division of Legal Services
Legislative Affairs Agency
130 Seward St., Suite 409
Juneau, Alaska 99801-2105
POSITION STATEMENT: Answered questions on SB 46
Jerry Luckhaupt
Division of Legal Services
Legislative Affairs Agency
130 Seward St., Suite 409
Juneau, Alaska 99801-2105
POSITION STATEMENT: Answered questions on SB 14
ACTION NARRATIVE
TAPE 95-10, SIDE A
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:34 p.m. The first order of business was SB 4.
SJUD-3/1/95
SB 4 DWI LAWS
JOE AMBROSE, Chief of Staff to Senator Taylor, read a sponsor
statement to the committee. He explained SB 4 makes drunk driving
a felony on the third offense, requires a minimum sentence of 360
days, and carries a $1,000 fine upon conviction. It also requires
a sentence of not less than 30 days and a $1,000 fine if a person
convicted of a felony DWI later drives a vehicle while their
license is suspended or revoked. That section was added at the
suggestion of law enforcement agencies. SB 4 provides the court
the option of ordering drug therapy as a condition of parole or
probation and to order forfeiture of a vehicle or aircraft. SB 4
is aimed to remove repeat offenders from the highways. Section 1
addresses a change needed in state law to overcome a court ruling
that a minor cannot be arrested for consuming alcohol unless the
police witness the consumption. The remainder of SB 4 deals with
what is necessary to make it a felony to repeatedly drive drunk.
Number 092
SENATOR ADAMS asked if SB 4 would cost over $4.2 million, of which
$3.7 million would be expended by the Department of Corrections,
and whether more prison space would be required.
MR. AMBROSE responded the fiscal note from the Department of
Corrections totals $3.7 million in the first year. SENATOR ADAMS
questioned whether the Senate Majority has included this amount in
their spending plan. SENATOR TAYLOR noted the Governor's budget
was only received the day before.
SENATOR TAYLOR discussed the policy issue of whether the fiscal
notes of the departments should drive legislative policy. He
stated he felt it was worth the cost to pick up repeat offenders to
prevent them from causing deaths. He noted last year, 48 people
were arrested in Anchorage for this offense; he estimated the
number would double if statewide statistics were used.
Number 128
SENATOR ADAMS responded he believes prison is not the answer for
every crime committed in the State of Alaska. He suggested
considering community service as a punishment for some offenses.
He commented that teenagers who are first-time offenders should be
doing productive community work rather than serving time in
prisons.
Number 143
DEL SMITH, Deputy Commissioner of the Department of Public Safety
(DPS), testified in support of SB 4. Regarding the fiscal impact,
he explained the DPS fiscal note addresses overtime costs generated
by court appearances and Grand Jury appearances in felony cases.
DPS anticipates 330 people will be charged for this offense
annually.
SENATOR ADAMS asked how many people would be put in jail if SB 4
passes. MR. SMITH estimated 100 would be sentenced, based on the
Department of Law's projections.
MARGOT KNUTH, Assistant Attorney General of the Department of Law
(DOL), expanded on Mr. Smith's response. The DOL projects out of
400 arrests, 380 would be accepted for prosecution, and 15 percent
of those would go to trial. This would represent a substantial
fiscal impact for the DOL, because felony crimes must be presented
to the Grand Jury. She noted DOL anticipates a total of 330
convictions each year. The costs to the defense would double. The
DOL has looked at other approaches used to address this problem.
In Minnesota, license plates are removed from the vehicle when the
arrest is made, with the advantage that the government does not end
up responsible for storing the vehicles, which are often junk
vehicles. The owner is responsible for impounding the vehicle
since a vehicle without plates cannot be on the street. If this
system was used, the Legislature would have to determine what the
offender would need to do to retrieve their license plates.
MS. KNUTH discussed DOL concerns about the sentences set out in SB
4. In Alaska, a presumptive sentencing scheme is used, which
states that second class C felony convictions carry two year
sentences, and third offense convictions carry three year
sentences. The sentences in SB 4 are less with a 360 day mandatory
minimum. Driving with a revoked license would carry a 30 day
mandatory minimum sentence, which would be a second felony offense
and usually carries a two year sentence.
MS. KNUTH emphasized the DOL vigorously supports Section 1 of SB 4,
allowing warrantless arrests of minors. There are two other
circumstances in which warrantless arrests are allowed: domestic
violence incidents; and DWI cases. The justification for
warrantless arrests in those situations is the danger those
offenders pose to the public. DOL believes the same holds true for
minors consuming because when judgement impaired, they may
jeopardize their's and others' safety.
Number 261
SENATOR TAYLOR asked, in states that are using the license plate
removal approach, what the offender must do to obtain his/her
license plates, and what is done when the impaired driver is not
the owner of the vehicle. MS. KNUTH was unaware of the processes
used.
SENATOR TAYLOR stated another issue with forfeiture and seizure of
vehicles is whether bank loans exist on the vehicle. He explained
discussions over the issue of liability on the part of the loaning
institution, who may have had knowledge of previous convictions
prior to loaning the money, have occurred. SENATOR TAYLOR asked
Ms. Knuth to look into the approaches she mentioned and provide the
committee with recommendations.
SENATOR GREEN suggested the presumptive sentencing issue be
reviewed. SENATOR TAYLOR asked what the fiscal impact would be.
MS. Knuth replied the impact on the DOL would be negligible,
however it might double the Department of Correction's fiscal note.
MR. AMBROSE stated the penalties were seriously considered when
drafting the legislation and were purposely designed to be less
punitive than what would happen under the normal circumstances. A
repeat offender usually has a serious alcohol problem, and
hopefully a one-year mandatory prison sentence would give him/her
time to seek help. The 30 day prison requirement is also designed
to provide additional "cooling off" time.
SENATOR TAYLOR announced SB 4 would be held until the next hearing
(March 8). The committee took up SB 14.
SJUD - 3/1/95
SB 14 INCREASED PENALTIES FOR JOYRIDING
SENATOR MILLER moved the adoption of Work Version O, dated 2/28/95,
as the new work version. SENATOR ADAMS objected until the
committee heard a review by the Department of Law.
MARGOT KNUTH stated Version O approaches the issue from a new
angle, but provides more flexibility to the state and has the same
finish line. It changes the sentencing provision under AS
11.46.484(c) by making a second joyriding offense a felony if the
offender is 18 years of age or older (line 5). Two other
conditions already exist in which a joyriding offense can be
classified as a felony: when more than $500 worth of damage to the
vehicle occurs; and when the vehicle is a police, or other
emergency, vehicle. Those two provisions have not been impacted by
SB 14 and allow the prosecutor's office the flexibility to put a
minor through delinquency proceedings for a felony. When those
circumstances apply, this may be appropriate if the offender's past
history warrants detention or monitoring.
MS. KNUTH explained that in most cases, the principle concern is to
deter the person from re-offending and to get restitution for the
vehicle owner. She felt this can be best accomplished in district
court, which has the power of supervision over probation. Version
O maintains those offenses as misdemeanors for juveniles in
district court.
MS. KNUTH explained Section 2 addresses a technical oversight
regarding emergency vehicles. Section 3 allows the revocation of
driving privileges for joyriding offenses. Section 4 specifies the
length of time for license revocations. Section 5 requires
juveniles to appear in district court for joyriding offenses.
Number 382
SENATOR ADAMS asked if juveniles appearing in district court would
be charged with misdemeanors for the first two offenses, and with
a felony on the third offense. MS. KNUTH stated that is correct.
SENATOR ADAMS asked if an adult would be charged with a misdemeanor
for the first offense, and with a felony for the second offense.
MS. KNUTH clarified that juveniles arrested for joyriding offenses
will always be charged with a misdemeanor; the offense could only
be charged as a felony after the offender turns 18, unless more
than $500 worth of damage is caused, or an emergency vehicle is
used (in which case felony charges would be pursued through
juvenile delinquency proceedings which do not result in adult
convictions).
SENATOR ADAMS questioned whether a first time adult offender is
charged with a misdemeanor, and a second time adult offender is
charged with a felony. MS. KNUTH replied affirmatively. SENATOR
ADAMS asked if Version O changes the fiscal notes submitted for the
original version of SB 14. MS. KNUTH was uncertain whether fiscal
notes were submitted for the original version. She noted that
approach raised the joyriding offense to a felony which would have
had significant fiscal impacts on the Departments of Law and
Corrections. Version O will have a much smaller fiscal impact.
Number 403
SENATOR ADAMS commented many versions of SB 14 have been considered
but the fiscal impacts of those changes have not been addressed.
SENATOR TAYLOR commented that he understood Version O to raise the
second juvenile joyriding offense to a felony. MS. KNUTH stated
the second offense would only be raised to a felony if the offender
had turned 18.
JUANITA HENSLEY, Division of Motor Vehicles, Department of Public
Safety, testified. She explained the original version of SB 14
would have no impact on the Division of Motor Vehicles. Version O
will impact the Division since court ordered license revocations
would have to be processed, however the revenue generated from
license reinstatement fees would offset processing costs and
provide a source of revenue.
SENATOR TAYLOR noted the fiscal note on Version O from the
Department of Corrections should reflect a decrease in costs.
Number 431
MS. KNUTH noted that Version O inadvertently includes a mandatory
3 day prison sentence. JERRY LUCKHAUPT, Division of Legal
Services, explained that when drafting Version O he removed two
sections that were in the previous version of SB 14, at the
committee's request. One of those sections created a new offense
specific to juveniles, and made it consistent with other
misdemeanor joyriding offenses. That provision mandated a 3 day
prison sentence, of which 2 days could be served by doing community
service. When that section was removed, the ability to replace
prison time with community service was removed. He suggested
reinstating the community service provision by including a clause
that states that AS 12.55.135 (f) would only apply to offenders at
least 18 years of age.
SENATOR TAYLOR stated that under existing law, juveniles never
serve prison time. MS. KNUTH clarified that if that amendment were
made, the 3 day prison sentence would not be mandatory, but would
allow the judge to determine whether it is warranted, depending
upon the circumstances of the particular offense.
Number 470
SENATOR ADAMS asked if the amendment would provide the judge with
the option of imposing the prison sentence. MS. KNUTH replied
affirmatively. SENATOR ADAMS noted he was not opposed to that
provision. MR. LUCKHAUPT reiterated the mandatory 3 day prison
sentence would only apply to offenders over the age of 18.
SENATOR ADAMS removed his objection to the motion to adopt Version
O as the working version. The motion was adopted.
SENATOR TAYLOR moved to adopt the conceptual amendment to be
drafted by Mr. Luckhaupt, to remove the mandatory 3 day prison
requirement for offenders under the age of 18. There being no
objection, the motion passed.
SENATOR TAYLOR commented SB 14 was originally introduced to raise
the penalties for all joyriding violations from a criminal mischief
3 class A misdemeanor to a criminal mischief 2 class C felony. The
second joyriding conviction within 7 years would have been raised
from a criminal mischief 2 class C felony to a criminal mischief 1
class B felony. After public testimony was taken, the committee
has found that over 50 percent of the offenders are juveniles who
are not appearing in court because of their juvenile status. As a
consequence, the committee has redrafted the legislation to address
the 50 percent of juvenile cases that are not being handled
effectively.
SENATOR MILLER moved SB 14 (am) with the conceptual amendment out
of committee with individual recommendations. There being no
objection, the motion passed.
SJUD - 3/1/95
SB 46 PROSECUTE JUVENILE AS ADULT IN DIST. CT.
JACK CHENOWETH, Division of Legal Services, Legislative Affairs
Agency, stated that at the request of the committee, he has
provided an amendment (A.2) to SB 46 to modify the penalty for
minors in two situations: when consuming alcohol; and when in
possession of tobacco. He gave the following description of the
amendment. On page 1, line 2, a title change reflects other
changes in SB 46. Section 1, AS 04.16.050(b), defines the offense
of minor consuming by a person under the age of 18 as a violation,
rather than as a misdemeanor. A violation carries a monetary fine
of not more than $300; the amendment sets a minimum fine of $100.
Section 2 adds AS 04.16.050(b) to the list of exceptions of
offenses in the alcoholic beverage code, that are otherwise
punishable as class A misdemeanors. Section 3 specifies that the
district court has jurisdiction over violations and specifically
identifies the consumption of alcohol and possession of tobacco as
violations. A technical change was made on lines 9-11, and on page
2, line 11, the word "minor" was changed to "person under 19 years
of age" to conform with other text.
Number 546
SENATOR ADAMS asked if a judge could require community service in
lieu of the monetary fine. MR. CHENOWETH replied he did not think
a judge could do that because the general definition of "violation"
speaks only in terms of monetary remuneration. SENATOR ADAMS
expressed concern that many juveniles may not be able to pay such
a fine therefore he suggested community service as an appropriate
alternative.
MS. KNUTH noted under AS 12.55.055(c) a judge may convert a fine
into community work service.
TAPE 95-10, SIDE B
MS. KNUTH explained the DOL believes that by reducing the offense
of minor consuming to a violation, more cases will come before the
court, as there is some reluctance to charge a minor with a class
A misdemeanor because of the penalties and proceedings. DOL
believes earlier intervention opportunities will occur as a result
of the change and will allow for preventive measures rather than
punitive measures.
SENATOR TAYLOR expressed concern over the differentiation of minors
under the age of 18 and minors between the ages of 18 and 21. MS.
KNUTH suggested making the following changes to the amendment: on
page 1, lines 5 and 7, change the word "minor's" to "person under
21 in"; on line 12, delete the words "who is a minor"; on page 2,
line 3, delete the words "a minor"; and on line 5 delete the words,
"a person under 19 years of age."
MS. KNUTH commented that this bill acknowledges district court
jurisdiction over these two violations, which could be interpreted
to mean it does not have jurisdiction over other violations.
SENATOR TAYLOR agreed with Mr. Chenoweth that it needs to be
stated, and that perhaps a revisor's bill is in order.
SENATOR TAYLOR withdrew his original amendment. There being no
objection, the motion passed. SENATOR TAYLOR then moved the
adoption of the amendment drafted by Mr. Chenoweth, labeled A.2,
dated 3/1/95, with the following changes: on page 1, lines 5 and
7, change the word "minor's" to "person under 21 in", on line 12,
delete the words "who is a minor"; on page 2, line 3, delete the
words "a minor"; and on line 5 delete the words, "a person under 19
years of age."
SENATOR MILLER moved SB 46 am out of committee with individual
recommendations. There being no objection, the motion passed.
SENATOR TAYLOR adjourned the meeting at 2:30 p.m.
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