Legislature(2011 - 2012)FAHRENKAMP 203

04/14/2011 08:30 AM Senate JUDICIARY


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08:26:13 AM Start
08:29:33 AM HB127
08:33:14 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 127 OMNIBUS CRIME BILL TELECONFERENCED
Moved SCS CSHB 127(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 14, 2011                                                                                         
                           8:26 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Joe Paskvan                                                                                                             
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
CS FOR HOUSE BILL NO. 127(FIN)                                                                                                  
"An Act relating to the  crimes of stalking, online enticement of                                                               
a  minor,  unlawful  exploitation  of a  minor,  endangering  the                                                               
welfare  of  a child,  sending  an  explicit  image of  a  minor,                                                               
harassment,  and misconduct  involving confidential  information;                                                               
relating  to probation;  relating to  the subpoena  power of  the                                                               
attorney general  in cases involving  use of an  Internet service                                                               
account;  relating to  an appearance  before  a judicial  officer                                                               
after  arrest;  relating to  penalties  for  operating a  vehicle                                                               
without possessing proof of motor  vehicle liability insurance or                                                               
a  driver's  license; relating  to  penalties  for certain  arson                                                               
offenses;  amending  Rule  5(a)(1),   Alaska  Rules  of  Criminal                                                               
Procedure, and  Rule 43.10, Alaska  Rules of  Administration; and                                                               
providing for an effective date."                                                                                               
                                                                                                                              
     - MOVED SCS CS 127(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 127                                                                                                                  
SHORT TITLE: OMNIBUS CRIME BILL                                                                                                 
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/26/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        

01/26/11 (H) JUD, FIN 02/07/11 (H) JUD AT 1:00 PM CAPITOL 120 02/07/11 (H) Heard & Held 02/07/11 (H) MINUTE(JUD) 02/09/11 (H) JUD AT 1:00 PM CAPITOL 120 02/09/11 (H) Heard & Held 02/09/11 (H) MINUTE(JUD) 02/11/11 (H) JUD AT 1:00 PM CAPITOL 120 02/11/11 (H) Scheduled But Not Heard 02/23/11 (H) JUD AT 1:00 PM CAPITOL 120 02/23/11 (H) Heard & Held 02/23/11 (H) MINUTE(JUD) 02/25/11 (H) JUD AT 1:00 PM CAPITOL 120 02/25/11 (H) Scheduled But Not Heard 02/28/11 (H) JUD AT 1:00 PM CAPITOL 120 02/28/11 (H) Heard & Held; Assigned to a Subcommittee 02/28/11 (H) MINUTE(JUD) 03/04/11 (H) JUD AT 1:00 PM CAPITOL 120 03/04/11 (H) -- MEETING CANCELED -- 03/08/11 (H) JUD AT 11:00 AM CAPITOL 120 03/08/11 (H) Work Session on CS for above Bill 03/11/11 (H) JUD AT 1:00 PM CAPITOL 120 03/11/11 (H) Moved CSHB 127(JUD) Out of Committee 03/11/11 (H) MINUTE(JUD) 03/14/11 (H) JUD RPT CS(JUD) NT 5DP 1NR 03/14/11 (H) DP: LYNN, GRUENBERG, THOMPSON, PRUITT, GATTO 03/14/11 (H) NR: KELLER 03/22/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/22/11 (H) Heard & Held 03/22/11 (H) MINUTE(FIN) 03/31/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/31/11 (H) Heard & Held 03/31/11 (H) MINUTE(FIN) 04/01/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/01/11 (H) Moved CSHB 127(FIN) Out of Committee 04/01/11 (H) MINUTE(FIN) 04/04/11 (H) FIN RPT CS(FIN) NT 7DP 04/04/11 (H) DP: FAIRCLOUGH, T.WILSON, HAWKER, COSTELLO, EDGMON, STOLTZE, THOMAS 04/07/11 (H) TRANSMITTED TO (S) 04/07/11 (H) VERSION: CSHB 127(FIN) 04/08/11 (S) READ THE FIRST TIME - REFERRALS 04/08/11 (S) JUD, FIN 04/11/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 04/11/11 (S) Heard & Held 04/11/11 (S) MINUTE(JUD) 04/13/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 04/13/11 (S) Heard & Held 04/13/11 (S) MINUTE(JUD) 04/14/11 (S) JUD AT 8:30 AM FAHRENKAMP 203 WITNESS REGISTER CINDY SMITH, Staff to Senator French Alaska State Legislature Juneau, AK POSITION STATEMENT: Pointed out the placement of previously adopted amendments incorporated into HB 127. ACTION NARRATIVE 8:26:13 AM CHAIR HOLLIS FRENCH called the Senate Judiciary Standing Committee meeting to order at 8:29 a.m. Present at the call to order were Senators Paskvan, Coghill, Wielechowski, and French. HB 127-OMNIBUS CRIME BILL 8:29:33 AM CHAIR FRENCH announced the consideration of HB 127 and asked for a motion to adopt version T committee substitute (CS). 8:29:47 AM SENATOR WIELECHOWSKI moved to adopt Senate CS for CSHB 127, labeled 27-GH1840\T, as the working document. CHAIR FRENCH objected for discussion purposes. 8:30:26 AM CINDY SMITH, Staff to Senator French, pointed out the placement of the previously adopted amendments into the current version T committee substitute as follows: - Page 4, lines 6-7, amends AS 11.41.452(d). Online enticement is increased from a class C felony to a class B felony. - Section 9 on pages 4-5, amends AS 11.46.740(a). This relates to keystroke logging. - Section 17 on pages 8-9, inserts a new subparagraph (D) in AS 12.55.100(e)(2). This gives discretion to judges with regard to area restriction of sex offenders residing within 500 feet of school grounds. - Page 14, lines 28-31, inserts language requested by the Department of Law stating that the annual report to the Legislature shall be restricted to cases prosecuted by the State of Alaska. It further states that the Department of Corrections and the Alaska Court System shall cooperate with DOL in preparing the report. 8:31:39 AM CHAIR FRENCH added that the report will say how many people were arraigned within 24 hours after an arrest and how many were arraigned within 48 hours after an arrest. This is to give the Legislature a feel for how the new standard is working. He noted that Sergeant DeGraaf, and representatives from the Department of Public Safety and the Department of Law were available to answer questions. CHAIR FRENCH removed his objection to adoption of the CS and therefore, version T was before the committee. He found no questions and asked for a motion. 8:32:09 AM SENATOR WIELECHOWSKI moved to report Senate CS for CS for House bill 127, Version T, from committee with individual recommendations and attached fiscal note(s). CHAIR FRENCH announced that without objection, SCS CSHB 127(JUD) moved from the Senate Judiciary Standing Committee. SENATOR WIELECHOWSKI moved to report the accompanying title change Senate Concurrent Resolution 27-LS0822\A from the Senate Judiciary Standing Committee. There being no objection, it was so ordered. 8:33:14 AM There being no further business to come before the committee, Chair French adjourned the meeting at 8:33 a.m.

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