Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/12/2014 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 2:25 pm --
*+ SB 187 CHILD WELFARE; CONFIDENTIAL INFORMATION TELECONFERENCED
Heard & Held
*+ SB 186 CONTROLLED SUBSTANCES ADVISORY COMMITTEE TELECONFERENCED
Moved SB 186 Out of Committee
Bills Previously Heard/Scheduled
= SB 173 SYNTHETIC DRUGS
Moved CSSB 173(JUD) Out of Committee
= SB 200 WRONGFUL DEATH OF AN UNBORN CHILD
Moved SB 200 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 12, 2014                                                                                         
                           2:27 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Lesil McGuire, Vice Chair                                                                                               
Senator Fred Dyson                                                                                                              
Senator Donald Olson                                                                                                            
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 173                                                                                                             
"An  Act  relating  to  a  prohibition  on  the  offer,  display,                                                               
marketing,  advertising for  sale, or  sale of  illicit synthetic                                                               
drugs."                                                                                                                         
                                                                                                                                
     - MOVED CSSB 173(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 187                                                                                                             
"An Act  relating to the  crime of  endangering the welfare  of a                                                               
child in the  second degree; relating to the  crime of misconduct                                                               
involving confidential information in  the first degree; amending                                                               
Rule 16(d)(3), Alaska Rules of  Criminal Procedure; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 186                                                                                                             
"An Act relating to the  Controlled Substances Advisory Committee                                                               
and providing  for mandatory meetings  of the committee  at least                                                               
twice a year."                                                                                                                  
                                                                                                                                
     - MOVED SB 186 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE BILL NO. 200                                                                                                             
"An  Act establishing  a  right of  action for  the  death of  an                                                               
unborn child in certain circumstances."                                                                                         
                                                                                                                                
     - MOVED SB 200 OUT OF COMMITTEE                                                                                            
                                                                                                                              
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 173                                                                                                                  
SHORT TITLE: SYNTHETIC DRUGS                                                                                                    
SPONSOR(s): SENATOR(s) MEYER                                                                                                    
                                                                                                                                
02/14/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/14       (S)       JUD                                                                                                    
03/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/05/14       (S)       Heard & Held                                                                                           
03/05/14       (S)       MINUTE(JUD)                                                                                            
03/12/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 187                                                                                                                  
SHORT TITLE: CHILD WELFARE; CONFIDENTIAL INFORMATION                                                                            
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
02/21/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/14       (S)       JUD                                                                                                    
03/12/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 186                                                                                                                  
SHORT TITLE: CONTROLLED SUBSTANCES ADVISORY COMMITTEE                                                                           
SPONSOR(s): SENATOR(s) DYSON                                                                                                    
                                                                                                                                
02/21/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/14       (S)       JUD                                                                                                    
03/12/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 200                                                                                                                  
SHORT TITLE: WRONGFUL DEATH OF AN UNBORN CHILD                                                                                  
SPONSOR(s): SENATOR(s) MCGUIRE                                                                                                  
                                                                                                                                
02/24/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/24/14       (S)       JUD                                                                                                    
03/10/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/10/14       (S)       Heard & Held                                                                                           
03/10/14       (S)       MINUTE(JUD)                                                                                            
03/12/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR KEVIN MEYER                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 173.                                                                                        
                                                                                                                                
EDRA MORLEDGE, Staff                                                                                                            
Senator Kevin Meyer                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Discussed  the changes found in  Version C of                                                             
SB 173 on behalf of the sponsor.                                                                                                
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Legal Services Section                                                                                                          
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided information  and the  Department of                                                             
Law perspective on SB 173 and SB 186.                                                                                           
                                                                                                                                
KELLI FARQUER, representing herself                                                                                             
Florida                                                                                                                         
POSITION STATEMENT: Testified in support of SB 173.                                                                           
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced the changes  found in Version N of                                                             
SB 187 on behalf of the sponsor.                                                                                                
                                                                                                                                
CHUCK KOPP, Staff                                                                                                               
Senator Dyson                                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT: Provided  supporting information  related to                                                             
SB 186 on behalf of the sponsor.                                                                                                
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
2:27:52 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 2:27  p.m. Present at the  call to                                                               
order  were  Senators  McGuire, Wielechowski,  Dyson,  and  Chair                                                               
Coghill. Senator Olson arrived during the course of the meeting.                                                                
                                                                                                                                
                     SB 173-SYNTHETIC DRUGS                                                                                 
                                                                                                                              
2:28:41 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of  SB 173."An  Act                                                               
relating  to  a prohibition  on  the  offer, display,  marketing,                                                               
advertising for sale,  or sale of illicit  synthetic drugs." This                                                               
was  the   second  hearing.  He  noted   the  proposed  committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
2:29:12 PM                                                                                                                    
SENATOR DYSON  moved to  adopt committee  substitute (CS)  for SB
173, labeled 28-LS1242\C, as the working document.                                                                              
                                                                                                                                
CHAIR COGHILL objected for an explanation.                                                                                      
                                                                                                                                
2:29:37 PM                                                                                                                    
EDRA  MORLEDGE,   Staff,  Senator   Kevin  Meyer,   Alaska  State                                                               
Legislature,  Juneau,  Alaska,  introduced  the  two  substantive                                                               
changes found in Version C of SB 173.                                                                                           
                                                                                                                                
   · On page 1, line 1, the word "possession" was added so it's                                                                 
     one of the prohibited actions with illicit synthetic drugs.                                                                
     That word was also added on page 1, line 5. This clarifies                                                                 
     the sponsor's intent that possession is illegal.                                                                           
   · Paragraph (F) on page 2 of the previous Version N was                                                                      
     removed entirely. It spoke to the actions of a person                                                                      
     rather than to the characteristics of the synthetic drug.                                                                  
                                                                                                                                
2:31:58 PM                                                                                                                    
CHAIR COGHILL removed his objection and Version C was adopted.                                                                  
                                                                                                                                
MS. MORLEDGE addressed the concern  about making illegal the sale                                                               
of  legitimate substances  that are  purported to  be an  illicit                                                               
synthetic drug.  The bill requires  a synthetic drug to  meet two                                                               
criteria for  it to be  deemed an illicit synthetic  drug. First,                                                               
it  must  meet  one of  the  criteria  set  forth  on page  1  in                                                               
subsection (b)(1)(A),(B), or  (C). Then it must meet  one or more                                                               
of criteria  in subsection (b)(2)(A)-(G),  found on page  1, line                                                               
31, through page 3, line [5].                                                                                                   
                                                                                                                                
2:33:42 PM                                                                                                                    
SENATOR WIELECHOWSKI stated support  for the changes. He directed                                                               
attention to  page 2, line 19  through page 3, line  4, and asked                                                               
the Department  of Law if  it's appropriate for a  prosecution to                                                               
be based on a street name.                                                                                                      
                                                                                                                                
2:35:48 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Legal Services  Section, Department  of Law, said  it might  be a                                                               
difficult element  to prove, but  she would defer to  the sponsor                                                               
in that regard.                                                                                                                 
                                                                                                                                
MS. MORLEDGE  explained that the  substances that are  listed are                                                               
known packaging  labels and by  listing them  they're immediately                                                               
illegal.                                                                                                                        
                                                                                                                                
MS.  CARPENETI suggested  the sponsor  consider  adding that  the                                                               
substance is labeled as or has  one of the street names listed in                                                               
paragraph (G).                                                                                                                  
                                                                                                                                
2:37:29 PM                                                                                                                    
SENATOR OLSON joined the committee.                                                                                             
                                                                                                                                
CHAIR COGHILL agreed with the suggestion.                                                                                       
                                                                                                                                
2:37:49 PM                                                                                                                    
KELLI   FARQUER,  representing   herself,  Florida,   shared  the                                                               
personal  tragedy of  losing her  son  when he  used a  synthetic                                                               
drug. She  said his death could  have been avoided if  he'd known                                                               
the substance was dangerous, but  kids believe the substances are                                                               
safe because they're  readily available in the  retail market for                                                               
a relatively  small amount of  money. She urged the  committee to                                                               
pass the legislation and save lives in the future.                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI  asked if this  would undermine  current law                                                               
that provides higher penalties for possession.                                                                                  
                                                                                                                                
MS.  CARPENETI  pointed out  that  this  law and  the  artificial                                                               
controlled substances  law in AS  11.73 have  different elements,                                                               
but the concern would be to avoid any overlap.                                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI  recalled   legislation  passed  last  year                                                               
imposed a harsher penalty for possession.                                                                                       
                                                                                                                                
MS.  MORLEDGE  said  that  Sec.  11.73.010,  the  manufacture  or                                                               
delivery  of an  imitation  controlled substance,  speaks to  the                                                               
compounds in  the substance and  targets trafficking,  whereas SB
173 targets labeling.                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI asked  if SB 173 specifies an  amount or any                                                               
possession.                                                                                                                     
                                                                                                                                
MS. MORLEDGE replied it's any possession.                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  observed that if somebody  possesses, there                                                               
will be a conflict in law.                                                                                                      
                                                                                                                                
2:44:09 PM                                                                                                                    
MS. CARPENETI  clarified that if  somebody possesses  with intent                                                               
to  deliver   it's  a  violation  of   the  imitation  controlled                                                               
substance  law.  If  somebody mislabels  and  possesses,  it's  a                                                               
violation of the illicit synthetic drug law in SB 173.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI continued to express concern.                                                                              
                                                                                                                                
MS. CARPENETI said she understood the concern.                                                                                  
                                                                                                                                
CHAIR COGHILL suggested a conceptual amendment.                                                                                 
                                                                                                                                
MS. MORLEDGE agreed to the suggestion.                                                                                          
                                                                                                                                
2:46:05 PM                                                                                                                    
CHAIR COGHILL moved to adopt conceptual Amendment 1.                                                                            
                                                                                                                                
                          Amendment 1                                                                                       
                                                                                                                                
     Page 2, line 19, following "drug":                                                                                         
          Insert "is labeled as or"                                                                                             
                                                                                                                                
Finding no objection, conceptual Amendment 1 was adopted.                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if   the  amendment  satisfied  the                                                               
Department of Law's concern.                                                                                                    
                                                                                                                                
MS. CARPENETI replied  she would also suggest on page  1, line 7,                                                               
following "if"  adding "it is  labeled and the label"  because it                                                               
doesn't otherwise require a label.                                                                                              
                                                                                                                                
SENATOR COGHILL  disagreed, pointing out  that "the label"  is on                                                               
the following line 8.                                                                                                           
                                                                                                                                
2:47:45 PM                                                                                                                    
SENATOR  WIELECHOWSKI agreed  with  Ms.  Carpeneti's point  about                                                               
labeling. He referenced  page 1, lines 7-12,  and questioned what                                                               
could be proved if the substance didn't have a label.                                                                           
                                                                                                                                
MS. CARPENETI agreed that was her concern.                                                                                      
                                                                                                                                
CHAIR COGHILL opined that there wasn't ambiguity.                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  predicted that  a clarifying bill  would be                                                               
introduced next year.                                                                                                           
                                                                                                                                
CHAIR  COGHILL  found  no  further   questions  or  comments  and                                                               
solicited a motion.                                                                                                             
                                                                                                                                
2:49:27 PM                                                                                                                    
SENATOR DYSON moved to report  SB 173, as amended, from committee                                                               
with individual recommendations and attached fiscal note(s).                                                                    
                                                                                                                                
2:49:53 PM                                                                                                                    
CHAIR  COGHILL announced  that without  objection, CSSB  173(JUD)                                                               
was reported from the Senate Judiciary Standing Committee.                                                                      
                                                                                                                                
2:50:08 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
         SB 187-CHILD WELFARE; CONFIDENTIAL INFORMATION                                                                     
                                                                                                                                
2:51:20 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration  of  SB 187.  "An  Act  relating  to the  crime  of                                                               
endangering  the  welfare  of  a  child  in  the  second  degree;                                                               
relating  to  the  crime  of  misconduct  involving  confidential                                                               
information in  the first degree; amending  Rule 16(d)(3), Alaska                                                               
Rules  of  Criminal Procedure;  and  providing  for an  effective                                                               
date."  This  was  the  first  hearing.  He  noted  the  proposed                                                               
committee substitute (CS).                                                                                                      
                                                                                                                                
2:51:55 PM                                                                                                                    
SENATOR DYSON  moved to  adopt committee  substitute (CS)  for SB
187, labeled 28-LS1145\N, as the working document.                                                                              
                                                                                                                                
CHAIR COGHILL  objected for an  explanation of the  changes found                                                               
in Version N.                                                                                                                   
                                                                                                                                
2:52:17 PM                                                                                                                    
RYNNIEVA  MOSS,   Staff,  Senator  John  Coghill,   Alaska  State                                                               
Legislature,  Juneau,  Alaska,  explained  that  the  first  four                                                               
sections of  the original bill were  removed, because endangering                                                               
the  welfare of  a  child  in the  second  degree  is already  in                                                               
statute  as an  aggravator. The  bill now  addresses an  incident                                                               
that  occurred last  year when  an  attorney gave  a defendant  a                                                               
video of an  interview and it ultimately appeared  on YouTube. SB
187  provides a  class A  misdemeanor under  misconduct involving                                                               
confidential  information  in the  first  degree  for anyone  who                                                               
distributes  or  publishes  audios  or videos  of  interviews  of                                                               
children  that are  conducted for  criminal and  child protection                                                               
investigations.  It  also  includes distribution  of  photographs                                                               
from medical examinations.                                                                                                      
                                                                                                                                
The rest  of the  bill addresses three  court rules  that include                                                               
that confidentiality  language; two are under  criminal rules and                                                               
one is under  Child in Need of  Aid (CINA). The bill  also has an                                                               
applicability  section and  effective  date. She  noted that  the                                                               
bill  was brought  to Senator  Coghill by  the Alaska  Children's                                                               
Justice Act Task Force.                                                                                                         
                                                                                                                                
SENATOR   WIELECHOWSKI   reviewed   AS   11.41.410-11.41.440   to                                                               
understand what they address.                                                                                                   
                                                                                                                                
MS. MOSS advised  that they address sexual assault  in the first,                                                               
second third, and fourth, degree; and  sexual abuse of a minor in                                                               
the first, second, third, and fourth degree.                                                                                    
                                                                                                                                
SENATOR COGHILL  added that these  are about interviews  in child                                                               
advocacy centers and are videoed so the court has a record.                                                                     
                                                                                                                                
MS. MOSS said  the evidence that is in the  hands of the attorney                                                               
and the  defendant is  allowed to  see the  evidence, but  is not                                                               
allowed to  have physical possession  of the evidence.  Section 2                                                               
provides  exceptions;  with permission  from  the  victim or  the                                                               
minor's parent  or guardian,  the recorded  material may  be used                                                               
for training by law enforcement.                                                                                                
                                                                                                                                
2:56:35 PM                                                                                                                    
SENATOR MCGUIRE  suggested the exception in  Section 2, paragraph                                                               
(C) should be clear that a minor does not consent.                                                                              
                                                                                                                                
MS. MOSS  replied it's  a policy call,  but the  current language                                                               
does say the material may be  released with consent of the parent                                                               
or guardian unless he/she is the perpetrator.                                                                                   
                                                                                                                                
SENATOR MCGUIRE asked the members  to make sure the permission on                                                               
page 2, line  19, sub (ii), doesn't default to  the victim in sub                                                               
(i), if the minor's parent or guardian is the perpetrator.                                                                      
                                                                                                                                
MS.  MOSS suggested  inserting "adult"  on page  2, line  18, sub                                                               
(i), to ensure that only an adult victim could consent.                                                                         
                                                                                                                                
SENATOR MCGUIRE expressed support for the suggestion.                                                                           
                                                                                                                                
CHAIR COGHILL agreed  it would clarify than only  an adult victim                                                               
could consent.                                                                                                                  
                                                                                                                                
2:58:32 PM                                                                                                                    
SENATOR  WIELECHOWSKI directed  attention  to the  court rule  in                                                               
Section   3  and   expressed   concern   that  by   criminalizing                                                               
distribution  an  attorney  who circulates  the  material  within                                                               
his/her  law firm  or gives  the  audio to  secretarial staff  to                                                               
transcribe appears  to have broken  the law. The court  rule says                                                               
that's not the case, but the law in statute reads otherwise.                                                                    
                                                                                                                                
MS. MOSS said she had the same concern.                                                                                         
                                                                                                                                
CHAIR COGHILL marked that as a  point the Department of Law could                                                               
address in a subsequent hearing.                                                                                                
                                                                                                                                
2:59:28 PM                                                                                                                    
SENATOR  WIELECHOWSKI  requested   DOL's  interpretation  of  the                                                               
applicability  section   on  page  5.  It   appears  to  envision                                                               
prosecuting  someone for  conduct  that occurred  before the  law                                                               
goes into effect.                                                                                                               
                                                                                                                                
MS. MOSS offered  her interpretation is that it  would apply upon                                                               
conviction.                                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI  restated his  desire to discuss  the matter                                                               
with DOL.                                                                                                                       
                                                                                                                                
CHAIR  COGHILL suggested  the committee  discuss  on Friday  this                                                               
point and Senator McGuire's question about consent.                                                                             
                                                                                                                                
MS.  MOSS  noted  that  the  other  concern  was  tightening  the                                                               
language on page 3, line 30 through page 4, line 3.                                                                             
                                                                                                                                
3:01:05 PM                                                                                                                    
CHAIR  COGHILL stated  he  would  hold SB  187  in committee  for                                                               
further consideration.                                                                                                          
                                                                                                                                
        SB 186-CONTROLLED SUBSTANCES ADVISORY COMMITTEE                                                                     
                                                                                                                                
3:02:13 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of SB  186. "An  Act                                                               
relating  to the  Controlled  Substances  Advisory Committee  and                                                               
providing for mandatory meetings of  the committee at least twice                                                               
a year." This was the first hearing.                                                                                            
                                                                                                                                
3:02:52 PM                                                                                                                    
SENATOR FRED DYSON, Alaska State Legislature, Juneau, Alaska,                                                                   
sponsor, introduced SB 186 speaking to the following sponsor                                                                    
statement: [Original punctuation provided.]                                                                                     
                                                                                                                                
                                                                                                                                
     SB 186  seeks to bring  the State into  compliance with                                                                    
     current  drug   statutes  established  by   the  Alaska                                                                    
     Legislature  in 1982.  Specifically,  for  the past  32                                                                    
     years  the  State  has violated  the  law  requiring  a                                                                    
     Controlled   Substances   Advisory  Committee   to   be                                                                    
     established   within  the   Department  of   Law.  This                                                                    
     committee  has never  been formed,  and has  never met,                                                                    
     even once, to  carry out its statutory  duties under AS                                                                    
     11.71.110,  or  exercised  its  authority  to  schedule                                                                    
     controlled substances under AS 11.71.120.                                                                                  
                                                                                                                                
     AS  11.71.100  established  the  Controlled  Substances                                                                    
     Advisory  Committee  (CSAC)  within the  Department  of                                                                    
     Law,  and designated  the Attorney  General or  his/her                                                                    
     designee as  the chairman of the  committee. This nine-                                                                    
     member commission  is to be  comprised of  persons that                                                                    
     combined have  a significant  breadth of  experience to                                                                    
     carry  out  its  duties   which  include  advising  the                                                                    
     Governor  on the  appropriateness of  classification of                                                                    
     controlled  substances;  recommending  regulations  for                                                                    
     adoption by the Board  of Pharmacy to prevent excessive                                                                    
     prescription   of   controlled   substances;   evaluate                                                                    
     effectiveness   of   controlled   substance   treatment                                                                    
     programs;    recommend   to    Alaska   Court    System                                                                    
     alternatives   to   prosecution  or   imprisonment   of                                                                    
     offenders who  have no prior criminal  record involving                                                                    
     controlled substance offenses;  and review and evaluate                                                                    
     enforcement policies  and practices of  the Departments                                                                    
     of  Law  and  Public   Safety  with  regard  to  crimes                                                                    
     involving controlled substances.  The CSAC includes the                                                                    
     attorney general  or his designee, the  commissioner of                                                                    
     health  and social  services and  of  public safety,  a                                                                    
     pharmacist,   a   peace   officer,   a   physician,   a                                                                    
     psychiatrist   and  two   more   public  members.   The                                                                    
     committee is required by law to meet twice a year.                                                                         
                                                                                                                                
     Despite  a clear  legislative mandate  for the  CSAC to                                                                    
     provide   meaningful   oversight  of   our   controlled                                                                    
     substance  laws,  and  our  treatment  and  enforcement                                                                    
     policies, this has never happened.  Today, the state of                                                                    
     Alaska  is   reeling  under  an   increasingly  complex                                                                    
     patchwork    of   controlled    substance   laws    and                                                                    
     regulations,   high   rates    of   incarceration   and                                                                    
     overcrowded  prisons,  and  enforcement  policies  that                                                                    
     have  produced  severe  over criminalization  and  high                                                                    
     recidivism of controlled substance offenders.                                                                              
                                                                                                                                
     The  Department  of Law  recently  argued  in State  of                                                                    
     Alaska  vs Patillo  that  the  legislative language  is                                                                    
     "directory" as opposed  to "mandatory", therefore, they                                                                    
     do not  have to  comply with  forming the  committee as                                                                    
     directed by the Legislature.  SB 186 makes it mandatory                                                                    
     the  CSAC carry  out the  duties our  state desperately                                                                    
     needs it to.                                                                                                               
                                                                                                                                
He asked  Ms. Carpeneti if  there was a  record over the  past 32                                                               
years of  a systematic  effort to accomplish  the mission  of the                                                               
CSAC.                                                                                                                           
                                                                                                                                
3:10:24 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Legal  Services  Section,  Department  of  Law,  Juneau,  Alaska,                                                               
clarified that  the litigation that Senator  Dyson referenced was                                                               
a motion on behalf of a  defendant charged with a drug offense to                                                               
declare all  the drug statutes unconstitutional  because CSAC was                                                               
never formed. The  Department of Law's position was  that all the                                                               
statutes couldn't  be declared unconstitutional just  because the                                                               
advisory committee  wasn't formed. She added  that the Department                                                               
of Law had no objection to  the stronger language put forth in SB
186.                                                                                                                            
                                                                                                                                
SENATOR DYSON restated the question.                                                                                            
                                                                                                                                
MS.  CARPENETI  advised  that  DOL  has  trainings  and  district                                                               
attorney meetings every month that  include discussions about how                                                               
the  laws are  working  and  whether they  make  sense under  the                                                               
circumstances. If a statute appears  to be inadequate DOL is able                                                               
change it  by introducing a  bill through the governor.  That has                                                               
been done over the years, but  she couldn't attest that there had                                                               
been a top to bottom review of all the drug laws.                                                                               
                                                                                                                                
SENATOR  DYSON  stated   that  in  his  18-year   tenure  in  the                                                               
legislation   he  had   not  seen   a   single  governor's   bill                                                               
restructuring or rescheduling drugs.                                                                                            
                                                                                                                                
3:13:40 PM                                                                                                                    
CHUCK KOPP, Staff, Senator Fred  Dyson, Alaska State Legislature,                                                               
Juneau,  Alaska, sponsor  of SB  186,  advised that  it would  be                                                               
incongruous for the prosecution to  carry out the duties of CSAC.                                                               
Sec.  11.71.100  provides CSAC  with  a  breadth of  professional                                                               
experience  and  the  duties  outlined   in  Sec.  11.71.110  are                                                               
specific  to  those  professionals. The  legislative  intent  was                                                               
clearly  to  provide  meaningful   oversight  of  the  controlled                                                               
substance laws  and that  hasn't happened.  The result  is severe                                                               
over-criminalization in many areas of  the law. Under current law                                                               
it is a class  C felony to possess any amount  of cocaine that is                                                               
detectible  in a  narcotics  test,  even if  it's  1/1000th of  a                                                               
grain.  By comparison,  it is  also  a class  C felony  to put  a                                                               
person in  serious fear of  their life being imminently  taken by                                                               
pointing  a handgun  at their  head and  discharging it  into the                                                               
wall.                                                                                                                           
                                                                                                                                
MR. KOPP  noted that the packets  contain 20 examples of  class C                                                               
felonies that are equivalent to  simple possession of Schedule IA                                                               
or IIA substances.  The sponsor's point is that if  CSAC had been                                                               
formed, Alaska's drug  laws wouldn't be in the  state they're in.                                                               
This commission is an ideal  tool to address the schizophrenia in                                                               
the system, he said.                                                                                                            
                                                                                                                                
3:18:02 PM                                                                                                                    
SENATOR  DYSON  added that  the  debate  in  1982 was  about  the                                                               
tension between  good treatment and incarceration.  A fiscal note                                                               
was  passed with  the bill  but subsequent  attorney general  and                                                               
governor   budgets   didn't   include   funding.   He   expressed                                                               
disappointment at  the resistance he'd received  from some people                                                               
in the Criminal  Division of the Department of  Law and clarified                                                               
that this did not include Ms. Carpeneti.                                                                                        
                                                                                                                                
3:21:41 PM                                                                                                                    
SENATOR  WIELECHOWSKI  commended the  sponsor  for  the find  and                                                               
highlighted  that more  than 90  percent of  the crimes  that are                                                               
committed in  the state are  substance-abuse related.  He posited                                                               
that having CSAS  in place would have made a  huge difference. He                                                               
asked Ms. Carpeneti how to  move forward because the committee is                                                               
needed today.                                                                                                                   
                                                                                                                                
3:22:49 PM                                                                                                                    
MS. CARPENETI agreed it would be  a valuable tool and admitted to                                                               
surprise  when  the lawsuit  was  filed  and  she looked  at  the                                                               
statutes.                                                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if  the  legislature  could  expect                                                               
appointments to this commission this session.                                                                                   
                                                                                                                                
MS. CARPENETI said she'd take this back to her superiors.                                                                       
                                                                                                                                
MR. KOPP said  the testimony in House Finance in  1982 was that 1                                                               
in  90  Alaskans were  under  supervision  of the  Department  of                                                               
Correction. The statistics today show  it's 1 in 36 Alaskans. The                                                               
sponsor's data  shows that the primary  incarceration drivers are                                                               
misconduct involving controlled  substance offenses, theft second                                                               
offenses, and petition  to revoke probation filings  on felons on                                                               
parole.                                                                                                                         
                                                                                                                                
CHAIR COGHILL noted the zero fiscal note from DOL.                                                                              
                                                                                                                                
SENATOR DYSON  asked the committee  not to  add a fiscal  note at                                                               
this  point and  suggested that  DOL could  get started  with the                                                               
compounded amount that was put in the budget in 1983.                                                                           
                                                                                                                                
3:27:51 PM                                                                                                                    
MS. CARPENETI  said she believes  that the funds would  have been                                                               
returned to the general fund, but she'd check again.                                                                            
                                                                                                                                
CHAIR COGHILL solicited a motion.                                                                                               
                                                                                                                                
3:28:25 PM                                                                                                                    
SENATOR  MCGUIRE  moved  to  report   SB  186,  Version  A,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
3:28:41 PM                                                                                                                    
CHAIR COGHILL announced that without  objection, SB 186 will pass                                                               
from the Senate Judiciary Standing Committee.                                                                                   
                                                                                                                                
3:28:45 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
            SB 200-WRONGFUL DEATH OF AN UNBORN CHILD                                                                        
                                                                                                                                
3:29:27 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of SB  200. "An Act establishing a  right of action                                                               
for the death of an  unborn child in certain circumstances." This                                                               
was the second hearing.                                                                                                         
                                                                                                                                
SENATOR MCGUIRE,  responding to an earlier  question from Senator                                                               
Wielechowski, said legislative legal  opined that the language in                                                               
paragraph (2) on  page 2, lines 2-4, should be  considered in the                                                               
same  terms as  Sec.  09.55.549, which  defines limitations  from                                                               
healthcare provider services for medical malpractice.                                                                           
                                                                                                                              
3:30:43 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if losses are capped  at $400,000 for                                                               
medical malpractice or in all cases.                                                                                            
                                                                                                                                
SENATOR MCGUIRE  advised that  Sec 09.17.010  defines noneconomic                                                               
damages  that can  be  sought for  personal  injury and  wrongful                                                               
death.  Subsection  (b)  says  that all  claims  may  not  exceed                                                               
$400,000. Sec.  09.55.549 would apply to  damages and limitations                                                               
if it were  in the course and scope of  medical malpractice. Sec.                                                               
09.55.580 explains  damages for  wrongful death and  she believes                                                               
some of  that will apply.  Damages will ultimately  be determined                                                               
based on a preponderance of evidence  and by a determination of a                                                               
jury of their peers                                                                                                             
                                                                                                                                
3:31:57 PM                                                                                                                    
SENATOR   WIELECHOWSKI  advocated   the   committee  remove   any                                                               
artificial cap and let a jury decide on an appropriate number.                                                                  
                                                                                                                                
SENATOR MCGUIRE  said she didn't  know how to incorporate  it and                                                               
was  unwilling to  undo what  was  already there.  She agreed  to                                                               
provide a copy  of the questions that  Senator Wielechowski asked                                                               
and  she  answered.  She noted  that  Senator  Wielechowski  also                                                               
requested a list  of all the charges that had  been brought based                                                               
on the  2006 law; thus far,  five individuals were involved  in a                                                               
total of eight charges.                                                                                                         
                                                                                                                                
CHAIR COGHILL found no further  questions or debate and solicited                                                               
a motion.                                                                                                                       
                                                                                                                                
3:34:06 PM                                                                                                                    
SENATOR DYSON moved  to report SB 200, Version  A, from committee                                                               
with individual recommendations and attached fiscal note(s).                                                                    
                                                                                                                                
CHAIR COGHILL announced that without  objection, SB 200 will pass                                                               
from the Senate Judiciary Standing Committee.                                                                                   
                                                                                                                                
3:35:06 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Coghill  adjourned the Senate Judiciary  Standing Committee                                                               
meeting at 3:35 p.m.                                                                                                            

Document Name Date/Time Subjects
Sponsor Statement.pdf SJUD 3/12/2014 1:30:00 PM
SB 186
CLASS C FELONIES.pdf SJUD 3/12/2014 1:30:00 PM
SB 186
Legal Memo.pdf SJUD 3/12/2014 1:30:00 PM
SB 186
LTR FROM LAW - CSAC.pdf SJUD 3/12/2014 1:30:00 PM
SB 186
MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION (PATILLO).pdf SJUD 3/12/2014 1:30:00 PM
SB 186
Opposition to Motion to declare as 11.71.140 Invalid Unconstitutional (Patillo).pdf SJUD 3/12/2014 1:30:00 PM
SB 186
Reply to SOA Opposition to Motion Unconstitutional (Patillo).pdf SJUD 3/12/2014 1:30:00 PM
SB 186
Seriousness of Class A Misdemeanor Offenses.pdf SJUD 3/12/2014 1:30:00 PM
SB 186
CSAC - Duties & Authority.pdf SJUD 3/12/2014 1:30:00 PM
SB 186
CINA Rule 8.pdf SJUD 3/12/2014 1:30:00 PM
SB 187
Criminal Procedure Rule 16(d).pdf SJUD 3/12/2014 1:30:00 PM
SB 187
Marked Up Version for CS w Memo.pdf SJUD 3/12/2014 1:30:00 PM
SB 187
SB187-DOA-PDA-03-07-14.pdf SJUD 3/12/2014 1:30:00 PM
SB 187
SB187-DOC-OC-03-07-14.pdf SJUD 3/12/2014 1:30:00 PM
SB 187
SB187-LAW-CRIM-03-07-14.pdf SJUD 3/12/2014 1:30:00 PM
SB 187
Sponsor Statement (S)JUD CS.pdf SJUD 3/12/2014 1:30:00 PM
SB 187
Sectional (S)JUD CS.pdf SJUD 3/12/2014 1:30:00 PM
SB 187