Legislature(2005 - 2006)BUTROVICH 205

04/19/2005 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 20 OFFENSES AGAINST UNBORN CHILDREN TELECONFERENCED
Moved CSSB 20(JUD) Out of Committee
+= SB 106 SALE OF METHAMPHETAMINE AND PRECURSORS TELECONFERENCED
Heard & Held
+= SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 19, 2005                                                                                         
                           8:38 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 20                                                                                                              
"An Act relating to offenses against unborn children."                                                                          
                                                                                                                                
     MOVED CSSB 20(JUD) OUT OF COMMITTEE                                                                                        
                                                                                                                                
SENATE BILL NO. 106                                                                                                             
"An Act relating to sale, possession, and delivery of certain                                                                   
substances and precursors used in the unlawful manufacture of                                                                   
methamphetamine."                                                                                                               
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 74                                                                                                              
"An Act making findings relating to marijuana use and                                                                           
possession; relating to marijuana and misconduct involving a                                                                    
controlled substance; and providing an effective date."                                                                         
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 20                                                                                                                   
SHORT TITLE: OFFENSES AGAINST UNBORN CHILDREN                                                                                   
SPONSOR(s): SENATOR(s) DYSON                                                                                                    
                                                                                                                                
01/11/05       (S)       PREFILE RELEASED 12/30/04                                                                              
01/11/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/11/05       (S)       STA, JUD                                                                                               
03/01/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
03/01/05       (S)       Heard & Held                                                                                           
03/01/05       (S)       MINUTE(STA)                                                                                            
03/15/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
03/15/05       (S)       Moved CSSB 20(STA) Out of Committee                                                                    
03/15/05       (S)       MINUTE(STA)                                                                                            
03/16/05       (S)       STA RPT CS 1NR 4AM SAME TITLE                                                                          
03/16/05       (S)       AM: THERRIAULT, ELTON, WAGONER, HUGGINS                                                                
03/16/05       (S)       NR: DAVIS                                                                                              
03/16/05       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/31/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/31/05       (S)       Scheduled But Not Heard                                                                                
04/04/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/04/05       (S)       Heard & Held                                                                                           
04/04/05       (S)       MINUTE(JUD)                                                                                            
04/12/05       (H)       JUD AT 8:00 AM CAPITOL 120                                                                             
04/12/05       (S)       Heard & Held                                                                                           
04/12/05       (S)       MINUTE(JUD)                                                                                            
04/19/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 106                                                                                                                  
SHORT TITLE: SALE OF METHAMPHETAMINE AND PRECURSORS                                                                             
SPONSOR(s): SENATOR(s) GUESS                                                                                                    
                                                                                                                                
02/14/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (S)       JUD, FIN                                                                                               
03/29/05       (S)       JUD AT 10:30 AM BUTROVICH 205                                                                          
03/29/05       (S)       Heard & Held                                                                                           
03/29/05       (S)       MINUTE(JUD)                                                                                            
03/30/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/30/05       (S)       Heard & Held                                                                                           
03/30/05       (S)       MINUTE(JUD)                                                                                            
04/19/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Senator Fred Dyson                                                                                                              
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of SB 20                                                                                         
                                                                                                                                
Mr. Wes Keller                                                                                                                  
Staff to Senator Dyson                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Commented on SB 20                                                                                       
                                                                                                                                
Ms. Anne Carpeneti                                                                                                              
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on SB 20                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:38:38 AM.  Present were Senators                                                             
Hollis French,  Charlie Huggins, Gretchen Guess,  and Chair Ralph                                                               
Seekins.                                                                                                                        
                                                                                                                                
             SB 20-OFFENSES AGAINST UNBORN CHILDREN                                                                         
                                                                                                                                
8:39:00 AM                                                                                                                    
CHAIR SEEKINS announced SB 20 to be up for consideration.                                                                       
                                                                                                                                
SENATOR FRED DYSON presented a  committee substitute (CS) for the                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR  CHARLIE   HUGGINS  moved  Version  \P   as  the  working                                                               
document. Hearing no objections, the motion carried.                                                                            
                                                                                                                                
MR. WES  KELLER, staff  to Senator Dyson,  explained the  CS. The                                                               
primary difference  in Version \P is  added second-degree assault                                                               
language.  The paragraph  that allowed  for a  conviction on  the                                                               
standard of a person acting  recklessly, causing serious physical                                                               
injury has been eliminated. Any  situation where a pregnant woman                                                               
unintentionally  harms  an unborn  child  has  been removed.  Any                                                               
reference  to  alcohol  consumption  has been  removed  from  the                                                               
definition section.                                                                                                             
                                                                                                                                
8:41:04 AM                                                                                                                    
CHAIR SEEKINS asked  whether the sponsor was saying  a child born                                                               
with  the presence  of  cocaine or  with  fetal alcohol  syndrome                                                               
(FAS) is of no concern.                                                                                                         
                                                                                                                                
MR.  KELLER responded  SB  20 would  not  enable prosecution  for                                                               
those  situations.  In the  interest  of  moving SB  20  forward,                                                               
future legislation would have to address drug and alcohol abuse.                                                                
                                                                                                                                
CHAIR  SEEKINS  commented  he  is  not  willing  to  accept  that                                                               
premise. He stated FAS is child abuse.                                                                                          
                                                                                                                                
SENATOR DYSON agreed.                                                                                                           
                                                                                                                                
CHAIR SEEKINS advised it was his  intent is to make it illegal to                                                               
harm  unborn children  with either  legal  substances or  illegal                                                               
substances.                                                                                                                     
                                                                                                                                
8:42:33 AM                                                                                                                    
SENATOR GRETCHEN  GUESS asked Mr.  Keller to explain  whether the                                                               
definition  of  "serious  physical  injury" has  to  accompany  a                                                               
premature  birth or  would SB  20 alter  AS 11.81.900  to include                                                               
premature birth.                                                                                                                
                                                                                                                                
MR. KELLER  preferred to let  the Department of Law  (DOL) answer                                                               
the question.                                                                                                                   
                                                                                                                                
8:43:57 AM                                                                                                                    
MS. ANNE  CARPENETI, criminal division, Department  of Law (DOL),                                                               
said the  definition of "serious  physical injury" is  already in                                                               
AS 11.81.900 and it includes  the additional definition, which is                                                               
low birth weight.                                                                                                               
                                                                                                                                
SENATOR GUESS  asked Ms. Carpeneti  to explain how the  law could                                                               
hold someone accountable if the woman  has only one fetus but not                                                               
if there are multiple fetuses.                                                                                                  
                                                                                                                                
MS.  CARPENETI  said  the  purpose  for adding  the  fix  to  the                                                               
definition  is that  multiple  births will  always  have a  lower                                                               
birth rate.                                                                                                                     
                                                                                                                                
8:45:36 AM                                                                                                                    
SENATOR HOLLIS FRENCH  asked Ms. Carpeneti the  typical weight of                                                               
a set of twins.                                                                                                                 
                                                                                                                                
MS. CARPENETI replied most are less than 5 pounds each.                                                                         
                                                                                                                                
Senator Gene Therriault joined the committee.                                                                                   
                                                                                                                                
CHAIR  SEEKINS  commented  low  birth weight  is  a  symptom  but                                                               
criminal causation would have to be proven.                                                                                     
                                                                                                                                
MS.  CARPENETI replied  in order  to prosecute  under SB  20; one                                                               
would have to prove the other  elements of the offense. Under the                                                               
proposed AS 11.41.282  (a) (2), one would have to  prove a person                                                               
recklessly caused serious  physical injury to an  unborn child by                                                               
repeated assaults even  if each individual assault  did not cause                                                               
serious physical injury.                                                                                                        
                                                                                                                                
CHAIR SEEKINS asserted reckless behavior has to first be shown.                                                                 
                                                                                                                                
MS. CARPENETI  agreed. She said  there are other  alternatives to                                                               
define  serious physical  injury.  There could  be evidence  that                                                               
serious  physical  injury  occurred  without  holding  low  birth                                                               
weight as signature proof.                                                                                                      
                                                                                                                                
CHAIR SEEKINS  asked Ms. Carpeneti  whether it was  reasonable to                                                               
assume that  low birth  weight is a  symptom of  serious physical                                                               
injury.                                                                                                                         
                                                                                                                                
8:48:26 AM                                                                                                                    
MS.  CARPENETI  agreed low  birth  weight  would be  evidence  of                                                               
serious physical injury.                                                                                                        
                                                                                                                                
CHAIR SEEKINS asked Senator Dyson whether that was his intent.                                                                  
                                                                                                                                
SENATOR  DYSON  stated  evidence  shows being  born  early  works                                                               
against a healthy  life. Activities that assault  an unborn child                                                               
are what SB 20 is attempting to criminalize.                                                                                    
                                                                                                                                
8:50:28 AM                                                                                                                    
CHAIR SEEKINS  mentioned there are  many things that  would cause                                                               
an early birth. He was hesitant  to make the assumption low birth                                                               
weight would be proof of reckless behavior.                                                                                     
                                                                                                                                
MS. CARPENETI  clarified low birth  weight is defined  as serious                                                               
physical  injury  in  SB  20.   Alternatives  would  have  to  be                                                               
discussed with the sponsor.                                                                                                     
                                                                                                                                
Chair Seekins announced a brief at ease at 8:53:07 AM.                                                                        
Chair Seekins reconvened the meeting at 9:05:52 AM.                                                                           
                                                                                                                                
CHAIR SEEKINS explained  the reason for going off  the record was                                                               
to allow the  public audience to comment. He  asked Ms. Carpeneti                                                               
how to word  SB 20 to reflect  low birth weight as  a symptom and                                                               
not proof of serious physical injury.                                                                                           
                                                                                                                                
MS.  CARPENETI  commented  the  discussion  off  record  was  the                                                               
possibility  of changing  SB 20  from  defining serious  physical                                                               
injury to holding low birth weight as prima fascia evidence.                                                                    
                                                                                                                                
SENATOR DYSON agreed.                                                                                                           
                                                                                                                                
CHAIR SEEKINS:                                                                                                                  
     I think  it is very  important that  we try to  say the                                                                    
     intent was  the reckless  part of  it, plus  the action                                                                    
     was  part of  it and  the result  was serious  physical                                                                    
     injury. Low  birth weight is  a measurement  of serious                                                                    
     physical  injury   and  isn't  triggered   without  the                                                                    
     criminal  conduct. If  we can  conceptually amend  this                                                                    
     and have the DOL and  the sponsor work together to word                                                                    
     it  that  way,  the  Chairman   would  offer  it  as  a                                                                    
     conceptual amendment to Page  4, the Sections contained                                                                    
     in  line  3 through  line  6.  Is there  discussion  or                                                                    
     objection  to that  conceptual amendment?  Seeing none,                                                                    
     we've adopted that as Amendment 1.                                                                                       
                                                                                                                                
SENATOR DYSON:                                                                                                                  
     For the record  let me state it is not  our intention a                                                                    
     mother be  charged because  of a  premature birth  or a                                                                    
     low  birth  weight child.  It  is  our intentions  that                                                                    
     someone is charged if they  have the criminal intent or                                                                    
     reckless  disregard   and  an  assault  on   the  woman                                                                    
     precipitates a premature birth.                                                                                            
                                                                                                                                
9:08:54 AM                                                                                                                    
SENATOR FRENCH  shared the  concern of  the committee  Chair with                                                               
FAS  and  FAE  children.  He  said Page  3,  lines  22-24  almost                                                               
perfectly  defines  how  a  woman  would  cause  FAE/FAS  through                                                               
consumption of alcohol.  Each individual drink may  not result in                                                               
profound change to the fetus but accumulatively it does.                                                                        
                                                                                                                                
CHAIR  SEEKINS commented  repeated testimony  shows an  FAS child                                                               
costs the state over $1 million dollars.                                                                                        
                                                                                                                                
9:11:27 AM                                                                                                                    
SENATOR DYSON  said SB 20  addresses human rights  and protecting                                                               
individuals against assault.                                                                                                    
                                                                                                                                
9:14:28 AM                                                                                                                    
SENATOR  DYSON added  the  medical  community advocates  pregnant                                                               
women to abstain  from alcohol. He has choose to  steer away from                                                               
the alcohol and drug factor in  SB 20 because there is no current                                                               
medical evidence  to show when  those substances become  a factor                                                               
in the development of a fetus.                                                                                                  
                                                                                                                                
SENATOR GUESS  asked Ms. Carpeneti  whether a pregnant  woman who                                                               
stays in a domestic violence  situation, which results in serious                                                               
physical injury to her fetus, would be charged with a crime.                                                                    
                                                                                                                                
MS.  CARPENETI   stated  the  law  school   definition  describes                                                               
conduct. The circumstances described would not qualify.                                                                         
                                                                                                                                
9:17:02 AM                                                                                                                    
SENATOR  GUESS commented  it  might be  up to  a  jury to  decide                                                               
whether or not the woman should have left.                                                                                      
                                                                                                                                
MS. CARPENETI responded  the behavior of the woman  would have to                                                               
be extremely reckless.                                                                                                          
                                                                                                                                
CHAIR SEEKINS commented  a judge would instruct a jury  as to the                                                               
standards which apply.                                                                                                          
                                                                                                                                
MS. CARPENETI agreed.                                                                                                           
                                                                                                                                
SENATOR  DYSON  commented  the  word "extreme"  is  a  very  high                                                               
standard.                                                                                                                       
                                                                                                                                
9:18:45 AM                                                                                                                    
SENATOR DYSON reiterated  SB 20 attempts to  give protection when                                                               
there is clearly reckless behavior.                                                                                             
                                                                                                                                
SENATOR  FRENCH asked  Ms. Carpeneti  to respond  to his  earlier                                                               
example of repeated assaults with regard to FAE/FAS.                                                                            
                                                                                                                                
MS.  CARPENETI  advised  SB  20 as  currently  written  does  not                                                               
address alcohol.  The repeated assaults section  is talking about                                                               
assaults against the law and  drinking alcohol is not against the                                                               
law.                                                                                                                            
                                                                                                                                
SENATOR GUESS said  SB 20 is deciding a new  class of crimes. She                                                               
voiced  distrust of  the  way society  treats  women in  domestic                                                               
violence situations.                                                                                                            
                                                                                                                                
9:21:36 AM                                                                                                                    
SENATOR  GUESS  referred  to  Page  3 lines  2-3  and  asked  for                                                               
clarification  on  the  type  of  medical  treatment  referenced.                                                               
Medical treatment  could be  the reason  for a  person to  file a                                                               
lawsuit.                                                                                                                        
                                                                                                                                
9:23:35 AM                                                                                                                    
CHAIR SEEKINS stated his interpretation  was a miscarriage caused                                                               
by visiting  a doctor  or dentist would  not indicate  a criminal                                                               
act by the pregnant woman.                                                                                                      
                                                                                                                                
9:25:01 AM                                                                                                                    
SENATOR  FRENCH reminded  the committee  members of  his proposed                                                               
amendment identified as Version \X.5.                                                                                           
                                                                                                                                
SENATOR FRENCH moved Amendment 2.                                                                                               
                                                      24-LS0197\X.5                                                             
                                                           Mischel                                                              
                      A M E N D M E N T 2                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                         BY SENATOR FRENCH                                                                 
     TO: CSSB 20(STA)                                                                                                           
                                                                                                                                
Page 1, line 1:                                                                                                                 
     Delete all material and insert:                                                                                            
     "An  Act enhancing  penalties for  crimes committed  against                                                             
pregnant women."                                                                                                              
                                                                                                                                
Page 1, line 3 through page 7, line 8:                                                                                          
     Delete all material and insert:                                                                                            
   "* Section 1.  AS 11 is amended by adding a new chapter to                                                               
read:                                                                                                                           
                Chapter 32.  Enhanced Penalties.                                                                              
          Sec.  11.32.100.  Penalties for crimes committed                                                                    
     against  pregnant  women.    (a)    Notwithstanding  another                                                           
     provision  of this  title or  AS 12, if  a person  commits a                                                               
     crime defined  in this  title against  a pregnant  woman who                                                               
     the person  knew or  should have known  to be  pregnant that                                                               
     results in a  miscarriage or stillbirth, the  crime shall be                                                               
     punished in the following manner:                                                                                          
               (1)    a crime  defined  as  murder in  the  first                                                               
     degree under  AS 11.41.100 shall  be punished by  a sentence                                                               
     of 30 - 99 years;                                                                                                          
               (2)   a  crime  defined as  murder  in the  second                                                               
     degree under  AS 11.41.110 shall  be punished by  a sentence                                                               
     of 20 - 99 years;                                                                                                          
               (3)   a crime defined in  this title as a  class A                                                               
     felony shall  be punished as  an unclassified felony  in the                                                               
     manner provided for unclassified felonies in AS 12.55.125;                                                                 
               (4)   a crime defined in  this title as a  class B                                                               
     felony shall be  punished as a class A felony  in the manner                                                               
     provided for class A felonies in AS 12.55.125;                                                                             
               (5)   a crime defined in  this title as a  class C                                                               
     felony shall be  punished as a class B felony  in the manner                                                               
     provided for class B felonies in AS 12.55.125;                                                                             
               (6)   a crime defined in  this title as a  class A                                                               
     misdemeanor shall  be punished  as a class  C felony  in the                                                               
     manner provided for class C felonies in AS 12.55.125;                                                                      
               (7)   a crime defined in  this title as a  class B                                                               
     misdemeanor shall  be punished as  a class A  misdemeanor in                                                               
     the   manner   provided   for  class   A   misdemeanors   in                                                               
     AS 12.55.135.                                                                                                              
          (b)  The penalties in (a) of this section do not apply                                                                
     to acts committed                                                                                                          
               (1)    during  a   legal  abortion  to  which  the                                                               
     pregnant woman, or a person authorized  by law to act on the                                                               
     pregnant woman's behalf, consented;                                                                                        
               (2)  during any  medical treatment of the pregnant                                                               
     woman or the fetus; or                                                                                                     
               (3)  by a pregnant woman against herself.                                                                        
          (c)  In this section,                                                                                                 
               (1)   "miscarriage" means the interruption  of the                                                               
     normal development of the fetus,  other than by a live birth                                                               
     or  by  an  induced  abortion,  resulting  in  the  complete                                                               
     expulsion or extraction of the fetus from a pregnant woman;                                                                
               (2)    "stillbirth" means  the  death  of a  fetus                                                               
     before the  complete expulsion or  extraction from  a woman,                                                               
     other  than  by an  induced  abortion,  irrespective of  the                                                               
     duration of the pregnancy.                                                                                                 
   * Sec. 2.  AS 12.55.125(a) is amended to read:                                                                             
          (a)  A defendant convicted of murder in the first                                                                     
     degree   shall  be   sentenced   to  a   definite  term   of                                                               
     imprisonment  of at  least 20  years  but not  more than  99                                                               
     years.  A defendant convicted  of murder in the first degree                                                           
     enhanced under  AS 11.32.100(a)(1) shall  be sentenced  to a                                                           
     definite term of  imprisonment of at least 30  years but not                                                           
     more than 99 years.  A  defendant convicted of murder in the                                                           
     first  degree shall  be  sentenced to  a  mandatory term  of                                                               
     imprisonment of 99 years when                                                                                              
               (1)  the  defendant is convicted of  the murder of                                                               
     a uniformed  or otherwise clearly identified  peace officer,                                                               
     fire fighter,  or correctional employee  who was  engaged in                                                               
     the  performance  of official  duties  at  the time  of  the                                                               
     murder;                                                                                                                    
               (2)   the defendant has been  previously convicted                                                               
     of                                                                                                                         
                    (A)  murder in the first degree under                                                                       
          AS 11.41.100 or former AS 11.15.010 or 11.15.020;                                                                     
                    (B)  murder in the second degree under                                                                      
          AS 11.41.110 or former AS 11.15.030; or                                                                               
                    (C)  homicide under the laws of another                                                                     
          jurisdiction when  the offense  of which  the defendant                                                               
          was  convicted  contains   elements  similar  to  first                                                               
          degree  murder  under  AS 11.41.100  or  second  degree                                                               
          murder under AS 11.41.110;                                                                                            
               (3)    the court  finds  by  clear and  convincing                                                               
     evidence that  the defendant subjected the  murder victim to                                                               
     substantial physical torture; or                                                                                           
               (4)  the  defendant is convicted of  the murder of                                                               
     and personally  caused the death  of a person, other  than a                                                               
     participant, during a robbery.                                                                                             
   * Sec. 3.  AS 12.55.125(b) is amended to read:                                                                             
          (b)  A defendant convicted of attempted murder in the                                                                 
     first  degree, solicitation  to commit  murder in  the first                                                               
     degree,  conspiracy to  commit murder  in the  first degree,                                                               
     kidnapping, or  misconduct involving a  controlled substance                                                               
     in the  first degree shall  be sentenced to a  definite term                                                               
     of imprisonment of at least five  years but not more than 99                                                               
     years. A defendant convicted of  murder in the second degree                                                               
     or a class A felony  enhanced under AS 11.32.100(a)(3) shall                                                           
     be sentenced to a definite  term of imprisonment of at least                                                               
     10 years but not more than  99 years.  A defendant convicted                                                               
     of  murder in  the second  degree  shall be  sentenced to  a                                                               
     definite term of  imprisonment of at least 20  years but not                                                               
     more  than 99  years  when the  sentence  is enhanced  under                                                           
     AS 11.32.100(a)(2)  or when  the defendant  is convicted  of                                                           
     the murder  of a child under  16 years of age  and the court                                                               
     finds by  clear and  convincing evidence that  the defendant                                                               
     (1) was a  natural parent, a stepparent,  an adopted parent,                                                               
     a  legal  guardian, or  a  person  occupying a  position  of                                                               
     authority in relation to the  child; or (2) caused the death                                                               
     of the  child by committing  a crime against a  person under                                                               
     AS 11.41.200  -   11.41.530.  In  this   subsection,  "legal                                                               
     guardian"  and "position  of  authority"  have the  meanings                                                               
     given in AS 11.41.470.                                                                                                     
   *  Sec. 4.   The  uncodified  law of  the State  of Alaska  is                                                             
amended by adding a new section to read:                                                                                        
     APPLICABILITY.   AS 11.32.100,  enacted  by sec.  1 of  this                                                               
Act, and AS 12.55.125(a) and (b), as  amended by secs. 2 and 3 of                                                               
this Act,  apply to  crimes committed on  or after  the effective                                                               
date of this Act."                                                                                                              
                                                                                                                                
CHAIR SEEKINS objected for the purpose of discussion.                                                                           
                                                                                                                                
SENATOR FRENCH explained his  amendment severely penalizes people                                                               
who hurt women who they knew  or should have known were pregnant.                                                               
The approach  of the  amendment makes it  an enhanced  penalty to                                                               
commit a crime against a pregnant woman.                                                                                        
                                                                                                                                
9:28:56 AM                                                                                                                    
CHAIR SEEKINS  noted the  amendment looks  more like  a competing                                                               
bill. He  said he  had never  seen an  amendment that  struck the                                                               
whole bill and inserted a new one.                                                                                              
                                                                                                                                
SENATOR DYSON  claimed the  proposed amendment  strips out  a key                                                               
provision,  which establishes  a  new victim,  the wanted  unborn                                                               
child. He expressed  unwillingness to give up  establishing a new                                                               
category of victims.                                                                                                            
                                                                                                                                
9:31:29 AM                                                                                                                    
Roll call proved the amendment  failed 3-2 with Senators Huggins,                                                               
Therriault and Chair Seekins dissenting.                                                                                        
                                                                                                                                
SENATOR GUESS asked Senator Dyson to  affirm SB 20 would not seek                                                               
to prosecute women who are victims of domestic violence.                                                                        
                                                                                                                                
SENATOR DYSON affirmed.                                                                                                         
                                                                                                                                
SENATOR   HUGGINS  moved   CSSB  20(JUD)   from  committee   with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
Chair Seekins announced a brief recess at 9:33:21 AM.                                                                         
Chair Seekins reconvened the meeting at 9:49:39 AM.                                                                           
                                                                                                                                
         SB 106-SALE OF METHAMPHETAMINE AND PRECURSORS                                                                      
                                                                                                                                
9:49:45 AM                                                                                                                    
SENATOR  GUESS advised  the  committee  she researched  questions                                                               
posed in previous  hearings, which she intended  to answer first,                                                               
and she offered to walk through her amendments individually.                                                                    
                                                                                                                                
9:50:24 AM                                                                                                                    
SENATOR  GUESS  answered the  first  question  regarding ease  of                                                               
getting government identifications. There  are 34 DMV offices and                                                               
2,800  communities   and  most  people  need   a  state  license.                                                               
Regarding mail order, the Drug  Enforcement Agency (DEA) oversees                                                               
international  and  intrastate  mailings. There  is  nothing  the                                                               
Legislature can  do about that other  than to rely on  the DEA to                                                               
do their job.                                                                                                                   
                                                                                                                                
9:52:03 AM                                                                                                                    
SENATOR GUESS introduced Amendment 1.                                                                                           
                                                      24-LS0588\I.1                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(   ), Draft Version "I"                                                                                      
                                                                                                                                
Page 6, line 16:                                                                                                                
     Delete "A violation of (a), (b), or (c) of this section is"                                                                
     Insert "A person who knowingly violates (a), (b), or (c) of                                                                
     this section is guilty of"                                                                                                 
                                                                                                                                
SENATOR GUESS explained it insures that "knowingly" applies to                                                                  
any of the provisions on page 5. Hearing no objections,                                                                         
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
9:54:38 AM                                                                                                                    
SENATOR GUESS introduced Amendment 2.                                                                                           
                                                      24-LS0588\I.3                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 2                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(   ), Draft Version "I"                                                                                      
                                                                                                                                
Page 5, line 7, following "retrievable":                                                                                        
     Insert "for inspection by law enforcement officers"                                                                        
                                                                                                                                
Page 5, lines 9 - 10:                                                                                                           
     Delete "and must allow for in-person inspection of the                                                                     
     records by law enforcement officers"                                                                                       
                                                                                                                                
SENATOR GUESS explained it was the drafter's suggestion as a way                                                                
to clean up the section dealing with out of state licensure.                                                                    
Hearing no objections, Amendment 2 was adopted.                                                                                 
                                                                                                                                
SENATOR GUESS introduced Amendment 3.                                                                                           
                                                      24-LS0588\I.5                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 3                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(   ), Draft Version "I"                                                                                      
                                                                                                                                
Page 5, line 19, following "request":                                                                                           
     Insert "The log and the  information entered into the log is                                                               
     confidential.  The retailer may  not allow access to the log                                                               
     or release  information contained  within the log  except to                                                               
     the  Department of  Public Safety  or other  law enforcement                                                               
     officers."                                                                                                                 
                                                                                                                                
SENATOR GUESS explained it ensures keeping the log information                                                                  
confidential.                                                                                                                   
                                                                                                                                
SENATOR FRENCH asked the consequence if the log is not kept                                                                     
confidential.                                                                                                                   
                                                                                                                                
9:58:29 AM                                                                                                                    
SENATOR GUESS explained the violations on Page 6, line 16                                                                       
pertain to all of the sections on page 5.                                                                                       
                                                                                                                                
SENATOR FRENCH said it seems like the consequence for not                                                                       
keeping the log confidential should be a violation and not a                                                                    
misdemeanor.                                                                                                                    
                                                                                                                                
10:03:04 AM                                                                                                                   
SENATOR GUESS suggested changing the language in Amendment 3 to                                                                 
say, "the retailer may not allow access."                                                                                       
                                                                                                                                
Amendment 3 was tabled.                                                                                                         
                                                                                                                                
10:05:36 AM                                                                                                                   
SENATOR GUESS moved Amendment 4.                                                                                                
                                                      24-LS0588\I.6                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 4                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(   ), Draft Version "I"                                                                                      
                                                                                                                                
Page 5, lines 21 - 22:                                                                                                          
     Delete "ephedrine, pseudoephedrine, or phenylpropanolamine,                                                                
     or their salts, isomers, or salts of isomers, iodine, or                                                                   
     crystal iodine"                                                                                                            
     Insert  "iodine  or crystal  iodine,  contains  as the  sole                                                               
     active    ingredient    ephedrine,    pseudoephedrine,    or                                                               
     phenypropanolamine, or,  when required by the  department by                                                               
     regulation,    contains    any    amount    of    ephedrine,                                                               
     pseudoephedrine, or phenypropanolamine in any combination,"                                                                
                                                                                                                                
SENATOR GUESS explained the sole active ingredient critical                                                                     
chemicals would be placed behind the pharmacy counter.                                                                          
                                                                                                                                
10:10:26 AM                                                                                                                   
Amendment 4 was tabled.                                                                                                         
                                                                                                                                
SENATOR GUESS introduced Amendment 5.                                                                                           
                                                     24-LS0588\I.11                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 5                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(  ), Draft Version "I"                                                                                       
                                                                                                                                
Page 5, line 9:                                                                                                                 
     Delete "three years"                                                                                                       
     Insert "one year or a shorter period of time established by                                                                
     the department by regulation"                                                                                              
                                                                                                                                
SENATOR GUESS explained it changes the holding time of the log                                                                  
to one year.                                                                                                                    
                                                                                                                                
Amendment 5 was tabled.                                                                                                         
                                                                                                                                
SENATOR GUESS introduced Amendment 6.                                                                                           
                                                                                                                                
                                                     24-LS0588\I.13                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 6                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(  ), Draft Version "I"                                                                                       
                                                                                                                                
Page 5, lines 15 - 17:                                                                                                          
     Delete  "requires  the  purchaser  to  sign  a  written  log                                                               
     completed  by   the  retailer  showing   the  date   of  the                                                               
     transaction, name  of the purchaser, type  of identification                                                               
    and the identification number, and the amount dispensed"                                                                    
     Insert "keeps a log listing information required by the                                                                    
     Department of Public Safety by regulation"                                                                                 
                                                                                                                                
SENATOR GUESS explained it puts the log into regulation to                                                                      
ensure law enforcement has the information they need.                                                                           
                                                                                                                                
10:14:51 AM                                                                                                                   
CHAIR SEEKINS asked whether Senator Guess would consider an                                                                     
amendment to Amendment 6, which proposes to keep the log on a                                                                   
form provided by the Department of Public Safety.                                                                               
                                                                                                                                
SENATOR GUESS preferred to keep the option of electronic forms.                                                                 
                                                                                                                                
Amendment 6 was adopted.                                                                                                        
                                                                                                                                
SENATOR GUESS introduced Amendment 7.                                                                                           
                                                     24-LS0588\I.14                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 7                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(   ), Draft Version "I"                                                                                      
                                                                                                                                
Page 6, following line 15:                                                                                                      
     Insert new subsections to read:                                                                                            
          "(f)  A person has a duty to exercise that degree of                                                                  
     care that a  reasonable person would observe  to ensure that                                                               
     the  requirements  of  (b)  and  (c)  of  this  section  are                                                               
     complied with.   This duty  of the person  includes ensuring                                                               
     the  compliance by  agents or  employees with  this section,                                                               
     including  acting  with  reasonable diligence  to  determine                                                               
     that agents  or employees are  advised of the  provisions of                                                               
     this section,  either by securing the  agent's or employee's                                                               
     written acknowledgment of  posted instructions or otherwise.                                                               
     A person may neither knowingly  allow agents or employees to                                                               
     violate  this  section  nor   recklessly  or  with  criminal                                                               
     negligence  fail   to  act  in  accordance   with  the  duty                                                               
     prescribed  under this  subsection with  the result  that an                                                               
     agent or  employee of the  licensee violates a  provision of                                                               
     this section.                                                                                                              
          (g)  It is an affirmative defense to a prosecution of                                                                 
     a  person that  the  person exercised  that  degree of  care                                                               
     specified  in (f)  of  this section  and  did not  knowingly                                                               
     allow  a violation  of this  section or  recklessly or  with                                                               
     criminal  negligence  fail  to   act  as  required  by  this                                                               
     section."                                                                                                                  
                                                                                                                                
Renumber the following subsection accordingly.                                                                                  
                                                                                                                                
Page 6, line 19:                                                                                                                
     Delete ""knowingly" has"                                                                                                   
     Insert    ""knowingly,"    "recklessly,"    and    "criminal                                                               
     negligence" have"                                                                                                          
                                                                                                                                
Page 6, line 20:                                                                                                                
     Delete "meaning"                                                                                                           
     Insert "meanings"                                                                                                          
                                                                                                                                
SENATOR GUESS explained it would add a new subsection mirrored                                                                  
after the structure of selling alcohol. Hearing no objections                                                                   
Amendment 7 was adopted.                                                                                                        
                                                                                                                                
10:17:38 AM                                                                                                                   
SENATOR GUESS asked the committee for help with language on the                                                                 
issue of people who purchase large amounts of Sudafed for legal                                                                 
purposes.                                                                                                                       
                                                                                                                                
10:20:34 AM                                                                                                                   
CHAIR SEEKINS agreed SB 106 should make sure something other                                                                    
than just possession is a reason for suspicion.                                                                                 
                                                                                                                                
10:22:40 AM                                                                                                                   
SENATOR HUGGINS expressed concern that SB 106 would keep honest                                                                 
people from buying cold medicine.                                                                                               
                                                                                                                                
CHAIR SEEKINS urged the committee to craft one bill out of SB                                                                   
70, SB 106, and HB 149.                                                                                                         
                                                                                                                                
10:24:32 AM                                                                                                                   
CHAIR SEEKINS held SB 106 in committee.                                                                                         
There being no further business to come before the committee,                                                                   
Chair Seekins adjourned the meeting at 10:26:09 AM.                                                                           
                                                                                                                                

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