Legislature(1999 - 2000)

03/20/2000 01:40 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SENATE JUDICIARY COMMITTEE                                                                                        
                    March 20, 2000                                                                                              
                      1:40 p.m.                                                                                                 
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Robin Taylor, Chairman                                                                                                  
Senator Rick Halford, Vice-Chairman                                                                                             
Senator John Torgerson                                                                                                          
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Dave Donley                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CS FOR HOUSE BILL NO. 259(FIN)                                                                                                  
"An Act relating to eligibility to be represented by the public                                                                 
defender before and during the probable cause and temporary                                                                     
placement hearing that is held after the state takes emergency                                                                  
custody of a child."                                                                                                            
     -MOVED CSHB 259(FIN) OUT OF COMMITTEE                                                                                      
                                                                                                                                
CS FOR HOUSE BILL NO. 67(JUD) am                                                                                                
"An Act relating to release of certain persons alleged to have                                                                  
committed certain sexual offenses."                                                                                             
     -MOVED SCS CSHB 67(JUD)am OUT OF COMMITTEE                                                                                 
                                                                                                                                
CS FOR HOUSE BILL NO. 180(FIN) am                                                                                               
"An Act relating to the manufacture, use, display, or delivery of                                                               
controlled substances while children are present."                                                                              
     -MOVED CSHB 180(FIN)am OUT OF COMMITTEE                                                                                    
                                                                                                                                
SENATE BILL NO. 259                                                                                                             
"An Act relating to criminal impersonation."                                                                                    
     -MOVED CSSB 259(JUD)am OUT OF COMMITTEE                                                                                    
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
HB 259 - No previous action to report.                                                                                          
                                                                                                                                
HB 67  - See Judiciary Committee minutes dated 3/1/00.                                                                          
                                                                                                                                
HB 180 - No previous action to report                                                                                           
                                                                                                                                
SB 259 - See Judiciary Committee minutes dated 2/21/00                                                                          
         and 3/3/00.                                                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Representative John Coghill                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:      Sponsor of HB 259                                                                                      
                                                                                                                                
Mr. Blair McCune                                                                                                                
Public Defender                                                                                                                 
900 West 5th Avenue, #200                                                                                                       
Anchorage, Alaska 99501                                                                                                         
POSITION STATEMENT:      Testified on HB 259 and SB 259                                                                         
                                                                                                                                
Ms. Anne Carpeneti                                                                                                              
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, Alaska 99811-0300                                                                                                       
POSITION STATEMENT:      Testified on SB 259 and HB 67                                                                          
                                                                                                                                
Mr. Conor Sullivan                                                                                                              
Staff of Representative Cowdery                                                                                                 
State Capitol Building                                                                                                          
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:      Read Sponsor Statement for HB 180                                                                      
                                                                                                                                
Representative Norman Rokeberg                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:      Sponsor of HB 67                                                                                       
                                                                                                                                
Ms. Candace Brower                                                                                                              
Department of Corrections                                                                                                       
PO Box 112000                                                                                                                   
Juneau, Alaska 99811-2000                                                                                                       
POSITION STATEMENT:      Testified on HB 67                                                                                     
                                                                                                                                
Lieutenant David Ray Hudson                                                                                                     
Department of Public Safety                                                                                                     
700 East Tudor Road                                                                                                             
Anchorage, Alaska 99507                                                                                                         
POSITION STATEMENT:      Testified on SB 259                                                                                    
                                                                                                                                
Mr. Jim Pound                                                                                                                   
Staff to Senator Taylor                                                                                                         
State Capitol Building                                                                                                          
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:      Introduced SB 259                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-14, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to                                                                 
order at 1:40 p.m.  Present were Senator Torgerson, Senator Halford                                                             
and Chairman Taylor.  The first order of business to come before                                                                
the committee was HB 259.                                                                                                       
                                                                                                                                
                                                                                                                                
         HB 259-PUBLIC DEFENDER CHILDREN'S PROCEEDINGS                                                                          
REPRESENTATIVE JOHN COGHILL, sponsor of HB 259, stated that under                                                               
Alaska statute AS 47.10.142 there is a mandated 48 hour hearing.                                                                
At this point, under current law, people do not qualify for                                                                     
assistance from a public defender until indigence is determined.                                                                
This bill was introduced because once there is a determination a                                                                
child needs aid, people need to know what is going on in the court                                                              
room.  SB 259 is an attempt to get counsel for people and apprise                                                               
the family of what the value of the court hearing is.  SB 259                                                                   
states that if there is a determination the parent or guardian can                                                              
pay, the court will assess them then.  It is a matter of due                                                                    
process, making sure people have good representation or, at least,                                                              
an understanding of what is happening in the courtroom.                                                                         
                                                                                                                                
SENATOR TORGERSON asked how there can be zero impact with the                                                                   
Public Defender Agency representing children before they go through                                                             
the formal process.  Senator Torgerson commented it appears the                                                                 
bill was amended to take out this concern.                                                                                      
                                                                                                                                
Number 330                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL agreed, and said a "may" provision was added                                                             
to give them some latitude.  He read testimony that was given by                                                                
the Public Defender Agency in the House State Affairs Committee,                                                                
"however in predicting the lack of any fiscal impact we are making                                                              
the following assumptions: First, we assume the bill will be                                                                    
amended so we do not represent non-indigent people."  Because of                                                                
this, a provision was added:                                                                                                    
                                                                                                                                
     Continued representation of the person by the Public Defender                                                              
     Agency after the hearing is held under AS 47.10.142(d) is                                                                  
     contingent on satisfaction of the eligibility requirements (a)                                                             
     - (d) of this section, and it further states, If a person who                                                              
     was represented by the Public Defender Agency at public                                                                    
     expense without a court order in connection with a hearing                                                                 
     held under AS 47.10.142(d) is not determined to be eligible                                                                
     for court-appointed counsel at public expense under applicable                                                             
     laws and court rules, the court shall assess against the                                                                   
     represented person the cost to the Public Defender Agency of                                                               
     providing the representation.                                                                                              
                                                                                                                                
REPRESENTATIVE COGHILL said that if there is an indigent                                                                        
determination people will be able to continue on, and if there is                                                               
proof they are not indigent the court can assess costs back to the                                                              
parent or guardian.  This bill simply allows the public defender to                                                             
get involved in a case earlier than normal.                                                                                     
                                                                                                                                
Number 526                                                                                                                      
                                                                                                                                
MR. BLAIR MCCUNE, Deputy Director for the Public Defender Agency                                                                
(PD),  responded the PD has done a lot of work with Representative                                                              
Coghill in making sure this legislation will not impact them.  Mr.                                                              
McCune has gone through the fiscal note and set out some of the                                                                 
assumptions that will show no additional cost for the PD.                                                                       
                                                                                                                                
                                                                                                                                
Number 581                                                                                                                      
                                                                                                                                
SENATOR TORGERSON wondered if the bill is setting up procedure,                                                                 
even though the word "may" is used, that any time there is an                                                                   
emergency the PD will be called.                                                                                                
                                                                                                                                
MR. MCCUNE responded the PD will only be involved if there is an                                                                
actual court proceeding.                                                                                                        
                                                                                                                                
SENATOR TORGERSON asked if the PD will be responding to every case                                                              
before a determination is made as to whether or not the parents                                                                 
have the means to pay for the proceeding.                                                                                       
                                                                                                                                
MR. MCCUNE commented that the PD has limited responses and an                                                                   
immediate response cannot be made in every case.  The "may be                                                                   
represented" gives them some leeway in delaying if there are no                                                                 
lawyers available.                                                                                                              
                                                                                                                                
SENATOR TORGERSON said the PD's office will probably be back next                                                               
year asking for a supplemental because the case load has gone up.                                                               
He sees no fiscal restraint on the bill. There is no determination                                                              
as to whether or not the PD should be involved in every case as                                                                 
long as it meets the criteria of emergency removal.  Senator                                                                    
Torgerson responded he will not be supporting the bill because it                                                               
leaves a wide open fiscal note.                                                                                                 
                                                                                                                                
Number 779                                                                                                                      
                                                                                                                                
MR. MCCUNE noted that eventually the PD is appointed in the                                                                     
majority of these cases, and it is felt that early involvement will                                                             
allow them to do a better job for the client and enable the system                                                              
respond better.                                                                                                                 
                                                                                                                                
Number 818                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR asked if problems in past cases could have been                                                                 
avoided with earlier involvement from the PD, and is there in fact                                                              
a cost savings to the department from early intervention.                                                                       
                                                                                                                                
MR. MCCUNE responded that the actions in the early stages of a case                                                             
are to take an intake call, get a general idea of what is                                                                       
happening, ask the secretary on the court run to pick up a copy of                                                              
the petition so they can make sure they know what the parent is                                                                 
saying is accurate, then they can refer them for substance abuse                                                                
assessments.  This is not a lot of work but it is work the PD will                                                              
eventually do, and he feels comfortable assuring the committee                                                                  
there will be no fiscal impact.                                                                                                 
                                                                                                                                
SENATOR HALFORD moved CSHB 259(FIN) out of committee with                                                                       
individual recommendations.  There being no objection, the motion                                                               
carried.                                                                                                                        
                                                                                                                                
                                                                                                                                
             HB 180-DRUGS WHERE MINORS ARE PRESENT                                                                              
                                                                                                                                
MR. CONOR SULLIVAN, staff to Representative Cowdery, read the                                                                   
following statement:                                                                                                            
                                                                                                                                
     House Bill 180, relating to drugs in the presence of a minor,                                                              
     prohibits an adult from knowingly "allowing, aiding, inducing,                                                             
     causing or encouraging" a minor to "enter or remain" in the                                                                
     "immediate physical presence of the use, manufacture, delivery                                                             
     or display" of drugs.  This crime would be punishable as                                                                   
     contributing to the delinquency of a minor, which is a class                                                               
     A misdemeanor.                                                                                                             
                                                                                                                                
     To explain further, House Bill 180 adds to the current law                                                                 
     that forbids an adult to encourage or aid a child to break the                                                             
     law.  The added prohibition forbids knowingly allowing a child                                                             
     to be in the physical presence of controlled substances.  This                                                             
     merely tightens the expectations placed on adults and sends a                                                              
     clearer message that children and drugs don't mix.                                                                         
                                                                                                                                
     This bill also expands the area in which the co-presence of                                                                
     children and drugs is unallowable.  By replacing the phrase in                                                             
     the same room in a building with the phrase in the immediate                                                               
     physical presence of children are protected in outdoor                                                                     
     situations like a yard, campsite or a park bench.                                                                          
                                                                                                                                
     The other change is where the term sale is changed to                                                                      
     manufacture, use, display or delivery, in order to encourage                                                               
     uniformity of application, and to expand the prohibitions from                                                             
     merely selling.                                                                                                            
                                                                                                                                
     House Bill 180 sends a strong message that penalty provisions                                                              
     for mixing children and drugs are getting stiffer.                                                                         
                                                                                                                                
CHAIRMAN TAYLOR asked if this bill is an expansion or re-definition                                                             
of the "drug free school zone."                                                                                                 
                                                                                                                                
MR. SULLIVAN responded no.                                                                                                      
                                                                                                                                
Number 1125                                                                                                                     
                                                                                                                                
SENATOR HALFORD moved CSHB 180(FIN)am out of committee with                                                                     
individual recommendations.  There being no objection, the motion                                                               
carried.                                                                                                                        
                                                                                                                                
                                                                                                                                
             HB  67-BAIL HEARING FOR SEX OFFENDERS                                                                              
                                                                                                                                
CHAIRMAN TAYLOR commented was a previous hearing on HB 67 and a                                                                 
committee substitute is a result of that hearing.                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG said he appreciates what the Judiciary                                                                  
Committee has done to put more teeth into the bill.  He has worked                                                              
with the Department of Corrections so there will not be a fiscal                                                                
note requiring expenditure by the state.  He agrees with the                                                                    
committee substitute (version M) and has come up with a proposed                                                                
amendment which adds additional language on whether or not the                                                                  
sentencing for an appeal should be for a greater period.  In other                                                              
words, time served will not be applicable.                                                                                      
                                                                                                                                
Number 1277                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR asked if the same thing is not accomplished with                                                                
section 2 of the committee substitute as with the amendment, which                                                              
adds a paragraph saying people will not be released on bail either                                                              
before sentencing or pending appeal after conviction.                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG said he has no objection to this.  He asked                                                             
if this is in light of the amendment.                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR responded it looks like the amendment accomplishes                                                              
the same thing as section 2.                                                                                                    
                                                                                                                                
Number 1326                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG explained that the amendment gives the                                                                  
court some discretion--this is mandating language under the CS.                                                                 
The amendment tries to give the judge some discretion if he thinks                                                              
the sentence being imposed is shorter than the time spent waiting                                                               
for the sentence to be imposed.                                                                                                 
                                                                                                                                
SENATOR HALFORD noted that the amendment says, "unless the court                                                                
finds it likely that if not released on bail,"  and he suggested                                                                
the amendment say, "unless the court finds that."  Senator Halford                                                              
said this needs to be a real finding by adding "unless the court                                                                
finds that if not released on bail the person will remain in                                                                    
custody...."                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG said he has no authorship in the amendment,                                                             
this will be in an initial arraignment hearing or bail hearing                                                                  
where it would be the most likely time for this to come up.  This                                                               
is why the first section of the bill  makes sure notice is given                                                                
and the participants in the crime will not have an opportunity to                                                               
speak to the judge.                                                                                                             
                                                                                                                                
CHAIRMAN TAYLOR responded that this does not happen in this                                                                     
legislation.  This is not for the first hearing, it is before                                                                   
sentencing or pending appeal after conviction.                                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG said he stands corrected, he has no problem                                                             
with changing the language.                                                                                                     
                                                                                                                                
Number 1437                                                                                                                     
                                                                                                                                
SENATOR ELLIS asked how this bill will work in small town Alaska.                                                               
It does not look like the CS clarifies this in anyway.  Did the                                                                 
committee decided not to address this concern?                                                                                  
                                                                                                                                
CHAIRMAN TAYLOR said he could not remember coming up with anything                                                              
that worked in a small community.  The primary thrust of the bill                                                               
had been one of notification so that the victim, at least, had a                                                                
chance to say he was living in a small community--maybe this should                                                             
be taken into consideration prior to conviction or sentencing.  The                                                             
main issue of this legislation is to address people who have been                                                               
convicted and are still walking around because they filed an appeal                                                             
or are just awaiting sentence.  The Chairman does not remember                                                                  
addressing this topic with a drafter.                                                                                           
                                                                                                                                
Number 1535                                                                                                                     
                                                                                                                                
SENATOR ELLIS addressed section 1(b)(2), that the person reside in                                                              
a place where the person is not likely to come into contact with                                                                
the alleged victim of the offense; and.  Is this making a public                                                                
policy that encourages sex offenders to leave rural communities and                                                             
go to the city?                                                                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG noted that section 1 (b), The court may                                                                 
impose any of the following conditions on a person charged with an                                                              
offense under AS 11.41.410-11.41.438 or 11.41.450 - 11.41.458,                                                                  
"may", is discretionary, which gives the judge the ability to take                                                              
this under consideration.  These points of view are not mandated,                                                               
this is to remind the judge to look at these types of things.  This                                                             
is something the judge certainly will take into consideration.                                                                  
                                                                                                                                
Number 1535                                                                                                                     
                                                                                                                                
SENATOR ELLIS asked if the definition of indecent exposure                                                                      
distinguishes between a prank activity and other activity.                                                                      
                                                                                                                                
SENATOR TORGERSON stated he thinks 11.41.458 deals with this issue.                                                             
He asked if this is not dealt with now with restraining orders and                                                              
other things.  Does "may" do anything different than what is                                                                    
already in law.  Senator Torgerson noted that section c seems to be                                                             
the only section not being repeated by existing law.                                                                            
                                                                                                                                
Number 1725                                                                                                                     
                                                                                                                                
MS. ANNE CARPENETI, representing the Criminal Division of the                                                                   
Department of Law (DOL), said DOL is concern about the addition of                                                              
section 2.  Section 2 makes it mandatory that a person may not be                                                               
released on bail pending sentencing or pending appeal in all cases                                                              
involving sexual assault and abuse--this also covers first time                                                                 
indecencies.  With first time indecencies, without a presumptive                                                                
sentence, the concern is people will be put in jail and not                                                                     
released until after their sentence is decided.  The problem is                                                                 
that the Department of Corrections will not give a person treatment                                                             
for sexual offenses until their appeal has been decided.  HB 67                                                                 
mandates that a person go to jail, and that person will probably be                                                             
released without there being time for treatment.  This is a real                                                                
concern of DOL.                                                                                                                 
                                                                                                                                
SENATOR HALFORD asked what the minimum time required is for sex                                                                 
offender treatment.                                                                                                             
                                                                                                                                
Someone from the audience responded 18 months.                                                                                  
                                                                                                                                
MS. CARPENETI said the average time for first time class B                                                                      
offenders is about two years, maybe a little more, allowing time                                                                
for treatment.                                                                                                                  
                                                                                                                                
Number 1826                                                                                                                     
                                                                                                                                
SENATOR HALFORD noted that under the Rokeberg amendment language,                                                               
if a person is not released on bail they will remain in custody                                                                 
more than they would otherwise remain in custody.  He asked if this                                                             
doesn't solve the problem.                                                                                                      
                                                                                                                                
MS. CARPENETI responded it may solve the problem for sentences, but                                                             
it does not solve the problem for appeals because the sentencing                                                                
judge has no idea how long it will take the appellate court to rule                                                             
on a particular case.  The average time for deciding an appeal is                                                               
about two years.  This is about the time a person will be serving                                                               
for a B felony and it is more time than for a class C felony.                                                                   
                                                                                                                                
SENATOR HALFORD asked what the lowest degree pled back for a rape                                                               
case is?                                                                                                                        
                                                                                                                                
MS. CARPENETI answered it is an unclassified felony, if rape can be                                                             
proved.                                                                                                                         
                                                                                                                                
Number 1972                                                                                                                     
                                                                                                                                
SENATOR HALFORD commented the first part of the bill deals with                                                                 
"before a conviction" and the second part of the bill deals with                                                                
"after a jury has found a person guilty of an offense."  He said                                                                
"then they will be walking around while it is appealed for two                                                                  
years."                                                                                                                         
                                                                                                                                
MS. CARPENETI suggested that conditions of release be considered                                                                
for this legislation, which will put a few more teeth in DOL's                                                                  
ability to deal with people who violate their conditions of                                                                     
release.  In the big picture, this would be a better approach than                                                              
mandating people go to jail.  She is less concerned with pending                                                                
sentencing than pending appeal because it is an unknown.                                                                        
                                                                                                                                
SENATOR HALFORD stated this is already what the law does with                                                                   
unclassified and class A felons.                                                                                                
                                                                                                                                
MS. CARPENETI agreed, but she said "these people serve a lot more                                                               
time."                                                                                                                          
                                                                                                                                
Number 1972                                                                                                                     
                                                                                                                                
SENATOR HALFORD noted that HB 67 is only upgrading what is already                                                              
done to a lower class of crime.                                                                                                 
                                                                                                                                
MS. CARPENETI agreed.                                                                                                           
                                                                                                                                
SENATOR HALFORD said he would go along with the language in                                                                     
Representative Rokeberg's bill, but he noted there is a lot of                                                                  
difference between section 1 and 2.                                                                                             
                                                                                                                                
Number 2065                                                                                                                     
                                                                                                                                
SENATOR TORGERSON asked if the language in this bill will give the                                                              
court the authority to actually relocate someone.                                                                               
                                                                                                                                
MS. CARPENETI responded she does not think the court can order                                                                  
someone out of town.                                                                                                            
                                                                                                                                
Number 2108                                                                                                                     
                                                                                                                                
SENATOR HALFORD indicated the court can order someone out of town                                                               
as a condition of bail--it is done all the time.  Senator Halford                                                               
said "the condition of bail can be third party custodian and if a                                                               
person does not have one they stay in jail."                                                                                    
                                                                                                                                
MS. CARPENETI agreed, the court can have a person stay in jail, but                                                             
whether or not they can order a person to move out of town would                                                                
probably depend on the circumstances.                                                                                           
                                                                                                                                
SENATOR TORGERSON asked if this is only a condition of bail.                                                                    
                                                                                                                                
CHAIRMAN TAYLOR answered it is release before trial.                                                                            
                                                                                                                                
Number 2126                                                                                                                     
                                                                                                                                
MS. CARPENETI said there are options available that give DOL more                                                               
ability to deal with people who violate conditions of release.                                                                  
Presently if a person is released pending sentencing, appeal, or                                                                
pending trial and they break a condition of release, DOL can put                                                                
them back in jail but it is on the original charge, so they will                                                                
get credit for time served on the original charge.  HB 67 provides                                                              
for another offense of violating the conditions of release--which                                                               
ups the stakes and gives DOL the ability to charge the person with                                                              
another offense.  The court can, at this point, order a person                                                                  
incarcerated pending sentencing and pending appeal--they do not                                                                 
have to let them out.                                                                                                           
                                                                                                                                
SENATOR HALFORD suggested that the language on line 24 in the CS be                                                             
replaced with the language in amendment 1-LS0197\M.1 (Luckhaupt,                                                                
3/2/00), with the exception that it not include on line 2 of the                                                                
amendment the words "it likely."                                                                                                
                                                                                                                                
          (3) a crime under AS 11.41.410 - 11.41.438 or 11.41.450 -                                                             
11.41.458, unless the court finds that, if not released on bail,                                                                
the person will remain in custody before                                                                                        
                    (A)  sentencing for a greater period than the                                                               
          term of imprisonment the person is likely to be sentenced                                                             
          to serve: or                                                                                                          
                    (B)  appeal for a greater period than the tem                                                               
          of imprisonment the person was sentenced to serve.                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG commented that the only thing he would be                                                               
concerned with is the fiscal impact on the appeal process.                                                                      
                                                                                                                                
CHAIRMAN TAYLOR asked if the bill, as amended, impact the fiscal                                                                
note previously submitted by DOC.                                                                                               
                                                                                                                                
Due to a tape malfunction, the following testimony was not                                                                      
recorded.                                                                                                                       
                                                                                                                                
MS. CANDACE BROWER, Department of Corrections, responded that the                                                               
amendment has taken care of some of the problems and she is not                                                                 
sure what the fiscal impact will be.  She commented that she will                                                               
working on a new fiscal note.                                                                                                   
                                                                                                                                
MS. BROWER also testified that some offenders can receive                                                                       
relatively short sentences and receive some sex offender pre-                                                                   
treatment or pre-release treatment at the Lemon Creek Correctional                                                              
Center.  If an offender is on appeal status, he is precluded from                                                               
treatment because he must admit his offense in order to receive                                                                 
treatment.  If the person is unable to make bail, pending appeal,                                                               
they will most likely be released without treatment.                                                                            
                                                                                                                                
SENATOR HALFORD moved SCS CSHB 67(JUD)am, version M.  There being                                                               
no objection, the motion carried.                                                                                               
                                                                                                                                
                                                                                                                                
                    SB 259-THEFT OF IDENTITY                                                                                    
                                                                                                                                
MR. JIM POUND, staff of Senator Taylor, stated that SB 259 is an                                                                
expansion of the previous bill and incorporates some of the federal                                                             
language regarding civil matters.  The current statute only covers                                                              
fraud, and this bill lays out felony and misdemeanor status for                                                                 
different violations.  SB 259 will also include hacking and                                                                     
monetary gain from acts of fraud as a crime.                                                                                    
                                                                                                                                
SENATOR HALFORD moved to adopt CSSB 259.  With no objection, CSSB
259 was adopted.                                                                                                                
                                                                                                                                
MS. CARPENETI went through the work draft for CSSB 259 and laid out                                                             
the following changes:                                                                                                          
                                                                                                                                
On pages one and two, the term "aural" refers to hearing.                                                                       
                                                                                                                                
The last line of page four and top of page five, (d) Deceptive                                                                  
business practices is a class C felony if the person uses the                                                                   
internet or a computer network to commit the offense.  In this                                                                  
subsection, "Internet" means the combination of computer systems or                                                             
networks that make up the international network for interactive                                                                 
communications services, including remote logins, file transfer,                                                                
electronic mail, and news groups, raises a class A misdemeanor to                                                               
a class C felony.  DOL was concerned the previous bill was too                                                                  
broad and the purpose of the new language is to raise the penalty                                                               
and include the internet.                                                                                                       
                                                                                                                                
On page five, lines 13 and 16, the words "or misleading" were                                                                   
removed because it was too hard to define.  The language now reads,                                                             
introduces false information into a computer, computer system,...                                                               
                                                                                                                                
Page 6, Sec. 14. AS 11.56.800(a), provides for a class A                                                                        
misdemeanor and covers traffic offenses.  This is in reference to                                                               
a person stealing someone's identification (ID) and then being                                                                  
caught driving with false ID--this would not be criminal                                                                        
impersonation.                                                                                                                  
                                                                                                                                
LIEUTENANT DAVID RAY HUDSON, Department of Corrections (DOC),                                                                   
Division of Public Safety, said DOC supports the effort to                                                                      
strengthen cyber crime and criminal impersonation.  He said the                                                                 
fiscal note attached to this bill addresses technological crimes                                                                
with theft of ID both statewide and nationwide.                                                                                 
                                                                                                                                
MR. BLAIR MCCUNE said the public defender is still concerned with                                                               
the breadth of "access device" on page six, section 16.  In section                                                             
6, a class B felony is a very strong penalty for the type of crime,                                                             
and he is glad "misleading" has been taken out of section 11.                                                                   
                                                                                                                                
SENATOR TORGERSON asked about "international network" on page five,                                                             
line 2.  Will this be a crime if the network is not international                                                               
and does it apply to local networks?                                                                                            
                                                                                                                                
MS. CARPENETI responded, to her knowledge, all computer networks                                                                
are international and it does apply to local networks.  This                                                                    
section raises the penalty from a class A misdemeanor to a class C                                                              
felony.                                                                                                                         
                                                                                                                                
SENATOR TORGERSON said he is still concerned with section 11                                                                    
because it is hard to interpret.  The language on lines 12 through                                                              
15 is too broad based--"this sort of thing happens all the time in                                                              
campaigns."                                                                                                                     
                                                                                                                                
MS. CARPENETI stated that section 11, lines 12 through 15, is                                                                   
current law, and SB 259 adds "financial reputation" to the current                                                              
wording.                                                                                                                        
                                                                                                                                
SENATOR TORGERSON moved CSSB 256 (JUD), version K, from committee                                                               
with individual recommendations.  With no objection, the motion                                                                 
carried.                                                                                                                        
                                                                                                                                
There being no further business to come before the committee,                                                                   
CHAIRMAN TAYLOR adjourned the meeting at 2:56 p.m.                                                                              
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects