Legislature(1995 - 1996)
05/01/1996 01:30 PM JUD
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE May 1, 1996 1:30 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Lyda Green, Vice-Chairman Senator Mike Miller Senator Al Adams Senator Johnny Ellis MEMBERS ABSENT None COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 204(FIN) am "An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol or refusal to submit to chemical test; establishing penalties for these offenses; relating to court ordered drug and alcohol screening, evaluation, referral, and programs; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; relating to an instrument's working tolerance in a chemical breath test; relating to the authority of a court to impose a suspended sentence after failure to complete a treatment program upon conviction of felony driving while intoxicated or felony refusal to submit to a chemical test; relating to the period of time a court may consider for determining prior convictions in sentencing a person convicted of felony driving while intoxicated or felony refusal to submit to a chemical test; amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure, to allow the use of hearsay evidence before a grand jury in a prosecution for felony driving while intoxicated or felony refusal to submit to a chemical test and to not require a presentence report for a first felony driving while intoxicated or first felony refusal to submit to a chemical test; and providing for an effective date." CS FOR HOUSE BILL NO. 202(HES) "An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; and amending Alaska Delinquency Rules 3(b) and 8(b); and providing for an effective date." PREVIOUS SENATE COMMITTEE ACTION HB 202- No previous Senate committee action. HB 204 - No previous Senate committee action. WITNESS REGISTER Dave Herndon MADD 12301 Ginami Anchorage, AK POSITION STATEMENT: Supports HB 204 Juanita Hensley Driver Services Department of Public Safety P.O. Box 20020 Juneau, AK 99811-0020 POSITION STATEMENT: Supports HB 204 Anne Carpeneti Assistant Attorney General Department of Law P.O. Box 110300 Juneau, AK 99811-0300 POSITION STATEMENT: Supports HB 204 L. Diane Worley Division of Family & Youth Services Department of Health & Social Services P.O. Box 110630 Juneau, AK 99811-0630 POSITION STATEMENT: Supports HB 202 ACTION NARRATIVE TAPE 96-44, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 1:41 p.m. Present were Senators Taylor, Miller and Green. The first item of business before the committee was HB 204. HB 204 DRINKING & DRIVING: MINORS & OTHERS DAVE HERNDON, representing MADD, testified in strong support of HB 204. The bill creates a zero tolerance policy for driving and drinking alcoholic beverages if under the age of 21. Under current law, a person under 21 could drive a vehicle with a BAC of .0999 and be legal. A zero tolerance policy gives the consistent message that it is illegal to consume alcoholic beverages if under 21 and therefore illegal to drive a vehicle with any evidence of alcohol intake if under 21. MADD also supports the reclassification of a third DWI offense within five years to a class C felony but would prefer to have no time limit. He repeated MADD strongly supports SB 204. CHAIRMAN TAYLOR asked Mr. Herndon if he was referring to Section 7 on page 5, regarding the third DWI offense. MR. HERNDON replied that is correct. CHAIRMAN TAYLOR explained the justification for the five year limit was primarily due to the large fiscal costs estimated by the Department of Public Safety for a longer time period. CHAIRMAN TAYLOR noted a second problem with changing the time limit is that the title would have to be amended which would require a two-thirds vote. SENATOR GREEN asked why there is a minimum age limit contained on line 16, page 8. JUANITA HENSLEY, Division of Motor Vehicles, explained the 13 to 21 year age limit mirrors an existing statute that requires the court to revoke a drivers license for possession or consumption of drugs or alcohol. Senator Adams arrived at 1:45 p.m. SENATOR GREEN asked if license revocation would be the only penalty involved. MS. HENSLEY stated HB 204 would create a new statute that makes it an offense for a minor to operate a motor vehicle after consuming alcohol: existing law addresses consumption, not driving. MS. HENSLEY noted the Department of Public Safety supports HB 204 wholeheartedly. Congress passed the highway systems bill last November which contains a sanction of five and ten percent of ISTEA funds if a provision for zero tolerance for driving under the influence for minors is not adopted by 1998. Senator Ellis arrived at 1:48 p.m. ANNE CARPENETI, Assistant Attorney General, stated the basic reason for creating a zero tolerance policy for juveniles who drive after drinking is that this population is involved in a much greater proportion of fatal crashes. Experience in other states that have adopted such policies has shown the number of fatal crashes has decreased, while the number of fatal crashes for the same population has increased in states that have not adopted this policy. The references to the DWI and breathalyzer statutes contained in the bill clean up the felony provisions that were adopted last year. CHAIRMAN TAYLOR asked about the proposed amendment from the Department of Law. SENATOR ELLIS moved to adopt amendment #1. CHAIRMAN TAYLOR objected for the purpose of discussion. MS. CARPENETI explained amendment #1 makes technical changes. On page 8, line 17, the reference to 24 hours is problematic as it might require proof that the person consumed alcohol within that time frame, and makes no sense in terms of the offense. The revision on page 8, line 27 clarifies that Section 280 sets out the offense rather than just subsection (a). If a police officer has probable cause to stop a minor the juvenile will then be taken to the nearest location to take a breathalyzer test. Only after the test indicates the presence of alcohol in the blood, will the child be cited. The intent is to prevent juveniles from driving with any alcohol in their blood stream, no matter when it was consumed. CHAIRMAN TAYLOR noted that he has know many Italian families who drink wine exclusively at the dinner table. MS. CARPENETI said so does she. CHAIRMAN TAYLOR wondered if the word "any" would require a level of adherence that may be difficult for some people to meet because of differing cultural values. MS. CARPENETI responded that allowing a child to take a glass of wine with dinner is different from allowing that child to drive afterward. CHAIRMAN TAYLOR believed there are foods consumed in a subsistence economy that go through a fermentation process which generates alcohol. He feared people could inadvertently be placed in a difficult posture when the word "any" is included. MS. CARPENETI repeated a person does not have to take a breath test unless there is probable cause for arrest by a peace officer. CHAIRMAN TAYLOR stated he wanted to make sure, for the record, the word "any" is qualified. SENATOR ADAMS clarified the amendment should refer to page 8, line 14, not line 18. There being no objection to amendment #1, CHAIRMAN TAYLOR announced the amendment was adopted. There being no further discussion on CSHB 204 (FIN)am as amended, SENATOR ELLIS moved the bill from committee with individual recommendations. The motion carried with no objection. HB 202 JUVENILE DELINQUENCY PROCEEDINGS CHAIRMAN TAYLOR announced it is the intent of the committee to move the legislation, and asked Ms. Worley to summarize the legislation for committee members. DIANE WORLEY, Director of the Division of Family and Youth Services, stated DHSS supports HB 202 as well as the amendment to page 2, line 25. MS. WORLEY commented HB 202 is congruent with the direction taken in legislation on juvenile issues. DHSS believes a joint effort with parents, state agencies, and the child is the best approach. HB 202 requires court ordered parental involvement in delinquency hearings and court ordered participation in counseling and treatment services. SENATOR GREEN clarified the amendment is on page 3, line 25, not page 2. SENATOR ELLIS moved the amendment to HB 202. There being no objection, the motion carried. SENATOR ELLIS moved CSHB 202(HES) as amended from committee with individual recommendations. There being no objection, the bill was moved from committee. CHAIRMAN TAYLOR adjourned the meeting.