Legislature(2005 - 2006)BUTROVICH 205
04/21/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB136 | |
| HB131 | |
| HB132 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 131 | TELECONFERENCED | |
| + | HB 132 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 136 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 21, 2005
8:38 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
Senator Gene Therriault
COMMITTEE CALENDAR
HOUSE BILL NO. 136
"An Act restricting the authority of a court to suspend
execution of a sentence or grant probation in prosecutions for
driving while under the influence and prosecutions for refusal
to submit to a chemical test; and allowing a court to suspend up
to 75 percent of the minimum fines required for driving while
under the influence and for refusal to submit to a chemical test
if the defendant successfully completes a court-ordered
treatment program."
MOVED HB 136 OUT OF COMMITTEE
HOUSE BILL NO. 131
"An Act increasing the criminal classification of theft of an
access device and of obtaining an access device or
identification documents by fraudulent means; increasing the
criminal classification for certain cases of fraudulent use of
an access device; and providing for an effective date."
MOVED HB 131 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 132(JUD)
"An Act relating to certain crimes committed against the
elderly; and providing for an effective date."
MOVED SCS CSHB 132(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 136
SHORT TITLE: DRUNK DRIVING TREATMENT PROGRAM
SPONSOR(s): REPRESENTATIVE(s) ROKEBERG
02/09/05 (H) READ THE FIRST TIME - REFERRALS
02/09/05 (H) JUD, FIN
03/21/05 (H) JUD AT 1:00 PM CAPITOL 120
03/21/05 (H) Moved Out of Committee
03/21/05 (H) MINUTE(JUD)
03/22/05 (H) JUD RPT 7DP
03/22/05 (H) DP: ANDERSON, GRUENBERG, KOTT,
DAHLSTROM, COGHILL, GARA, MCGUIRE
03/22/05 (H) LETTER OF INTENT WITH JUD REPORT
04/07/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/07/05 (H) Moved Out of Committee
04/07/05 (H) MINUTE(FIN)
04/08/05 (H) FIN RPT 9DP
04/08/05 (H) DP: HAWKER, HOLM, FOSTER, STOLTZE,
MOSES, WEYHRAUCH, KELLY, MEYER,
CHENAULT
04/08/05 (H) JUD LETTER OF INTENT WITH FIN REPORT
04/12/05 (H) TRANSMITTED TO (S)
04/12/05 (H) VERSION: HB 136
04/13/05 (S) READ THE FIRST TIME - REFERRALS
04/13/05 (S) JUD, FIN
04/20/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/20/05 (S) Scheduled But Not Heard
BILL: HB 131
SHORT TITLE: ACCESS DEVICE & I.D. DOCUMENT CRIMES
SPONSOR(s): REPRESENTATIVE(s) STOLTZE
02/09/05 (H) READ THE FIRST TIME - REFERRALS
02/09/05 (H) JUD, FIN
02/23/05 (H) JUD AT 1:00 PM CAPITOL 120
02/23/05 (H) Scheduled But Not Heard
03/02/05 (H) JUD AT 1:00 PM CAPITOL 120
03/02/05 (H) Heard & Held
03/02/05 (H) MINUTE(JUD)
03/18/05 (H) JUD AT 1:00 PM CAPITOL 120
03/18/05 (H) Moved Out of Committee
03/18/05 (H) MINUTE(JUD)
03/21/05 (H) JUD RPT 4DP 2NR
03/21/05 (H) DP: GRUENBERG, ANDERSON, COGHILL,
MCGUIRE;
03/21/05 (H) NR: KOTT, DAHLSTROM
04/01/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/01/05 (H) <Bill Hearing Postponed to Mon 4/4/05>
04/04/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/04/05 (H) Moved Out of Committee
04/04/05 (H) MINUTE(FIN)
04/05/05 (H) FIN RPT 5DP 2NR
04/05/05 (H) DP: HAWKER, FOSTER, STOLTZE, KELLY,
MEYER;
04/05/05 (H) NR: HOLM, WEYHRAUCH
04/13/05 (H) TRANSMITTED TO (S)
04/13/05 (H) VERSION: HB 131
04/14/05 (S) READ THE FIRST TIME - REFERRALS
04/14/05 (S) JUD, FIN
04/21/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 132
SHORT TITLE: CRIMES AGAINST ELDERLY
SPONSOR(s): REPRESENTATIVE(s) STOLTZE
02/09/05 (H) READ THE FIRST TIME - REFERRALS
02/09/05 (H) JUD, FIN
02/23/05 (H) JUD AT 1:00 PM CAPITOL 120
02/23/05 (H) Heard & Held
02/23/05 (H) MINUTE(JUD)
03/02/05 (H) JUD AT 1:00 PM CAPITOL 120
03/02/05 (H) Moved CSHB 132(JUD) Out of Committee
03/02/05 (H) MINUTE(JUD)
03/03/05 (H) JUD RPT CS(JUD) NT 4DP 1NR
03/03/05 (H) DP: GRUENBERG, DAHLSTROM, GARA,
MCGUIRE;
03/03/05 (H) NR: COGHILL
04/01/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/01/05 (H) <Bill Hearing Postponed to Mon 4/4/05>
04/04/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/04/05 (H) Moved CSHB 132(JUD) Out of Committee
04/04/05 (H) MINUTE(FIN)
04/05/05 (H) FIN RPT CS(JUD) NT 6DP 1NR
04/05/05 (H) DP: HAWKER, HOLM, STOLTZE, KELLY,
FOSTER, MEYER;
04/05/05 (H) NR: WEYHRAUCH
04/12/05 (H) TRANSMITTED TO (S)
04/12/05 (H) VERSION: CSHB 132(JUD)
04/13/05 (S) READ THE FIRST TIME - REFERRALS
04/13/05 (S) JUD, FIN
04/21/05 (S) JUD AT 8:30 AM BUTROVICH 205
WITNESS REGISTER
Ms. Heather Nobrega
Staff to Representative Rokeberg
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 136
Judge Jim Wanamaker
Anchorage District Court
PO Box 196650
Anchorage, AK 99519
POSITION STATEMENT: Testified in support of HB 136
Ms. Wendy Hamilton, Coordinator
Juneau Therapeutic Court
Juneau. AK 99801
POSITION STATEMENT: Testified in support of HB 136
Ms. Theresa Thompson, Community Development Manager
United Way Tanana Valley
POSITION STATEMENT: Testified in support of HB 136
Representative Bill Stoltze
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 131 and HB 132
Mr. Ben Logan
Staff to Representative Stoltz
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 132
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:38:14 AM. Present were Senators
Hollis French, Charlie Huggins, Gretchen Guess, and Chair Ralph
Seekins.
HB 136-DRUNK DRIVING TREATMENT PROGRAM
8:38:32 AM
MS. HEATHER NOBREGA, staff to Representative Norman Rokeberg,
introduced HB 136. She explained HB 136 clarifies minimum fines
for the courts, it increases the amount of minimum fines that
can be waived for successful graduates of therapeutic court, and
it expands therapeutic courts for felony DUI cases.
8:40:46 AM
JUDGE JIM WANAMAKER testified HB 136 provides for therapeutic
courts to be created by local initiatives. Anchorage has a
municipal wellness court as well as a state wellness court.
Ketchikan and Juneau will both be in operation by summer of
2005. If wellness courts could be extended to include felonies,
it would help to create a workable volume of cases. HB 136 would
be a benefit to addressing the population of addicted offenders.
Wellness court is an ideal vehicle to getting sober.
8:43:26 AM
CHAIR SEEKINS asked Ms. Nobrega whether HB 136 would stop
suspension of sentences.
MS. NOBREGA answered the courts often pose the 33 day fine and
suspend 30 of them. Technically the hanging sentence is in case
of probation violation. HB 136 would allow courts to levy larger
fines but only suspend up to the minimum.
SENATOR FRENCH said the law we are considering changing would
make certain everyone pays the minimum fine, but HB 136 proposes
to suspend up to 75 percent of the minimum fine upon completion
of the wellness court.
MS. NOBREGA advised the reason for suspension is a carrot for
people as they go through the system. They have to pay for every
aspect of the program so suspension of 75 percent of the fine is
an incentive for them to fulfill the program.
8:47:33 AM
JUDGE WANAMAKER agreed. The defendant pleads guilty but the
actual sentencing occurs later after graduation of the program.
SENATOR FRENCH asked whether a second driving while intoxicated
(DWI) offense would be considered a second DWI or a second first
DWI.
JUDGE WANAMAKER responded it would be considered a second DWI.
SENATOR FRENCH asked why HB 136 felt it necessary to strengthen
the fine aspect.
JUDGE WANAMAKER said it was merely firming it up so offenders
have to pay the minimum fine.
8:49:58 AM
SENATOR HUGGINS asked the process of people wanting to attend
therapeutic court when they lack the means to pay for the
program.
JUDGE WANAMAKER said the mechanism is a grant fund where a
totally indigent person could obtain up to $1,000.
SENATOR HUGGINS asked the total cost for the 18-month program.
JUDGE WANAMAKER replied it was $7,000 and the defendant pays
$4,000 of it.
8:51:49 AM
MS. WENDY HAMILTON, Juneau Therapeutic Court coordinator,
testified in support of HB 136. The National Council on Drug and
Alcohol Dependents employs her. The Juneau therapeutic court
will be a misdemeanor and felony court. It is often the felons
who are most motivated to attend the program. It has been a
common practice for judges to suspend the fine when they believe
the defendant cannot afford to pay. People need incentives in
order to attend wellness courts.
8:53:43 AM
SENATOR FRENCH offered the long-term consequences of completion
of the program do not undo the conviction.
MS. HAMILTON agreed it would be on the person's record. She
asserted chronic alcoholics get a chance to go into recovery and
treatment for 18 months. Therapeutic courts combine the power of
the court with the power of treatment. In the first six months
the person gets sober and their life starts to change. People
start getting self-esteem; families' reunite and they support
each other through a support group. People change their lives
and that is a benefit to the public.
8:56:30 AM
SENATOR HUGGINS mentioned DWI implications when traveling in
Canada.
MS. HAMILTON said Canada is tightening up their borders. A
person with a criminal record will have to contact the
authorities and also pay a fine if allowed to travel through the
country.
9:02:21 AM
MS. THERESA THOMPSON, community development manager, United Way
Tanana Valley testified the United Way supports HB 136. The
community needs wellness courts. The United Way staged a
campaign to reduce alcohol and drug abuse in Anchorage. They
received a drug-free community support grant in the form of
$100,000 and hope to receive more. The grant will be used to
create multiple strategies across multiple sectors to combat
substance abuse.
9:04:17 AM
SENATOR HUGGINS asked Ms. Hamilton the timeline of the grant
that was given to the Juneau Therapeutic Courts.
MS. HAMILTON explained the current grant is for three years. It
is a National Highway Safety Transportation Administration
(NHSTA) grant, which is also being used to start the Ketchikan
and Fairbanks courts. There is a strong possibly for renewal for
another three years. This is NHSTA's approach to fighting drunk
driving. Therapeutic courts work.
JUDGE WANAMAKER added NHTSA is actively pushing federal money
down to the states to help build therapeutic courts. There is a
lot of money available in a discretionary account so it is an
opportune time to get it going.
9:08:09 AM
CHAIR SEEKINS noted the DOL said this could lead to more trials,
which could be a fiscal impact.
SENATOR FRENCH said it was a good bill but he was surprised to
learn that judges were suspending the fines.
SENATOR HUGGINS moved HB 136 from committee with individual
recommendations and attached fiscal note(s). There being no
objection, the motion carried.
Chair Seekins announced a brief recess at 9:10:23 AM.
Chair Seekins reconvened the meeting at 9:13:57 AM.
HB 131-ACCESS DEVICE & I.D. DOCUMENT CRIMES
9:13:57 AM
CHAIR SEEKINS announced HB 131 to be up for consideration.
9:14:19 AM
REPRESENTATIVE BILL STOLZ introduced HB 131. He pointed out HB
131 works alongside HB 132 to protect Alaskan seniors from
people who would target them through fraudulent means. HB 131
deals with access. There is a growing crime against seniors
because of their vulnerability. Though the monetary loss is not
always substantial, the hassle of cleaning up damaged credit and
the damage to a person's good name is time consuming. Having the
crime increased to a felony increases the likelihood of
prosecution.
9:17:28 AM
REPRESENTATIVE STOLTZE asserted protection of seniors implores a
special elevation of protection. The Department of Law (DOL)
supports both HB 131 and HB 132.
9:21:47 AM
SENATOR GUESS asked whether the State of Alaska has similar
penalties for crimes against the mentally disabled.
REPRESENTATIVE STOLTZE said he did not know.
9:22:53 AM
MR. RANDY RUARO, attorney, DOL testified the criminal division
supports HB 131. Identity theft is a growing problem in Alaska.
SENATOR GUESS asked Mr. Ruaro for a definition of "access
device."
MR. RUARO answered it is defined in AS 11.81.900(b)(1).
9:24:39 AM
SENATOR GUESS noted there were zero fiscal notes and asked
whether the DOL anticipated prosecuting more people.
MR. RUARO responded HB 131 elevates current crimes that are on
the books. Resources are currently dedicated to the effort.
SENATOR FRENCH offered most cases a perpetrator has to cause
$500 minimum damage to qualify for felony. HB 131 sets the level
at $50. He asked Mr. Ruaro to comment.
MR. RUARO deferred the question to John Skidmore.
9:26:42 AM
MR. JOHN SKIDMORE, supervisor, felony property unit, Anchorage
District Attorney's office, advised forgery in the second degree
includes the identity crime of check stealing. The amount of the
written check does not matter. It is still a felony. Fifty
dollars is the median used by other states.
9:30:03 AM
MS. MICHELE LOGAN, detective, Anchorage Police Department,
testified in support of HB 131. Identity theft reports have been
increasing. Unauthorized use of credit cards is what police
officers most commonly see. Many stores don't ask for
identification to match the credit card. She feels that 1978
statutes are out of date with today's monetary transactions.
9:35:22 AM
SENATOR FRENCH asked Ms. Logan whether a bank check is an access
device.
MS. LOGAN responded yes. A bank account number is an access
device.
MR. SKIDMORE concurred.
9:40:21 AM
MS. MARIE DARLEN testified the AARP Capitol City Task Force
fully supports HB 131. They operate an educational program on
identity theft throughout the state.
CHAIR SEEKINS closed public testimony.
SENATOR HUGGINS moved HB 131 from committee with individual
recommendations and attached fiscal note(s). There being no
objection, the motion carried.
Chair Seekins announced a brief recess at 9:43:35 AM.
Chair Seekins reconvened the meeting at 9:49:36 AM.
CSHB 132(JUD)-CRIMES AGAINST ELDERLY
9:49:36 AM
CHAIR SEEKINS announced HB 132 to be up for consideration.
REPRESENTATIVE BILL STOLTZ introduced HB 132 and advised it
increases fines for offenses against the elderly. Elderly is
defined as 65 or older. It is meant for people who target
seniors.
9:49:49 AM
MR. RANDY RUARO, attorney, Department of Law (DOL) expressed
support for HB 132.
SENATOR GUESS asked Mr. Ruaro whether the State of Alaska has
similar enhanced penalties for the mentally disabled.
MR. RUARO advised there is an aggravator in statute for people
who are particularly vulnerable. He is not sure how routinely it
is applied.
SENATOR GUESS asked the reason HB 132 is looking at enhanced
penalties versus aggravators.
MR. RUARO admitted he found one case where the court ignored the
aggravator and fashioned the sentence within the normal range.
HB 132 elevates the attention of the court.
SENATOR FRENCH advised the aggravator for the "particularly
vulnerable" singles out age and infirmity and possibly the
mentally challenged. There are prongs in sex assault statute,
which makes it a separate crime to rape a vulnerable victim.
9:52:22 AM
SENATOR FRENCH asked Mr. Ruaro how HB 132 ties into Blakely
versus Washington. He asked whether the elements would have to
be alleged in the complaint and proven to the jury.
MR. RUARO said yes.
SENATOR FRENCH noted the jury would have to find that the
defendant either knew or should have known that the victim was
over 65.
MR. RUARO agreed.
SENATOR FRENCH asked whether he paraphrased the mental element
correctly.
MR. RUARO clarified the element was actually "recklessly
disregard." He did not know whether that was equivalent to
"known or should have known."
SENATOR FRENCH asked Mr. Ruaro to tell the committee how the
court would define "recklessly disregard."
MR. RUARO said the definition of reckless conduct was in the
statutes. The jury would be given an instruction and told they
would have to find beyond a reasonable doubt that the defendant
acted with that mental state in committing the crime.
9:54:16 AM
MR. BEN LOGAN, staff to Representative Stoltz read the
definition for "recklessly disregard" under AS 11.81.900 (a)
(3).
CHAIR SEEKINS noted there was no one slated to testify against
HB 132. He closed public testimony.
SENATOR GUESS suggested the committee look at the intent and
findings section. She noted Senator Therriault would normally
strike the intent and findings section when not needed for legal
reasons.
CHAIR SEEKINS agreed.
MR. RUARO admitted the intent and findings language in Section 1
was not a critical part of HB 132. However the courts in Alaska
do look at intent and findings. In this case the findings are
short and the judge looking back would see what legislature was
concerned with.
SENATOR FRENCH said the people reviewing HB 132 would understand
the Legislature's intent is to penalize more severely because
elderly victims suffer disproportionately to the normal
individual.
SENATOR GUESS moved Amendment 1.
Strike Section 1.
Hearing no objections, the motion carried.
9:59:53 AM
SENATOR HUGGINS moved SCS CSHB 132(JUD) from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
There being no further business to come before the committee, he
adjourned the meeting at 10:01:09 AM.
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