Legislature(2005 - 2006)BUTROVICH 205

04/25/2005 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 101 REVISOR'S BILL TELECONFERENCED
Moved CSSB 101(JUD) Out of Committee
+ HB 54 BAIL REVIEW TELECONFERENCED
Heard & Held
+ HB 219 STRANGULATION CRIMES TELECONFERENCED
Moved CSHB 219(FIN) Out of Committee
+ HB 116 LIABILITY FOR ALCOHOL LAW VIOLATIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 25, 2005                                                                                         
                           8:39 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. 101                                                                                                             
"An Act  making corrective amendments  to the Alaska  Statutes as                                                               
recommended  by the  revisor of  statutes; and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     MOVED CSSB 101(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 54(FIN)                                                                                                   
"An  Act  relating to  bail  review;  relating to  petitions  for                                                               
review  by  crime victims  where  the  defendant has  received  a                                                               
sentence below  the sentencing range  for the crime;  relating to                                                               
the  qualifications  of certain  members  of  the Violent  Crimes                                                               
Compensation Board;  relating to  the introduction of  the victim                                                               
and the defendant or minor to  the jury; amending Rule 27, Alaska                                                               
Rules  of Criminal  Procedures, and  Rule 21,  Alaska Delinquency                                                               
Rules; and providing for an effective date."                                                                                    
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 219(FIN)                                                                                                  
"An Act relating  to the definition of  'dangerous instrument' as                                                               
applied within the criminal code."                                                                                              
                                                                                                                                
     MOVED CSHB 219(FIN) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 116(JUD)                                                                                                  
"An Act relating to the  liability of certain persons for certain                                                               
violations of alcoholic beverages laws."                                                                                        
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 101                                                                                                                  
SHORT TITLE: REVISOR'S BILL                                                                                                     
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
02/14/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (S)       STA, JUD                                                                                               
02/24/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
02/24/05       (S)       Heard & Held                                                                                           
02/24/05       (S)       MINUTE(STA)                                                                                            
03/01/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
03/01/05       (S)       Moved CSSB 101(STA) Out of Committee                                                                   
03/01/05       (S)       MINUTE(STA)                                                                                            
03/03/05       (S)       STA RPT CS 3DP 1NR SAME TITLE                                                                          
03/03/05       (S)       DP: THERRIAULT, WAGONER, HUGGINS                                                                       
03/03/05       (S)       NR: ELTON                                                                                              
04/25/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 54                                                                                                                   
SHORT TITLE: BAIL REVIEW                                                                                                        
SPONSOR(s): REPRESENTATIVE(s) SAMUELS, STOLTZE                                                                                  
                                                                                                                                
01/10/05       (H)       PREFILE RELEASED 1/7/05                                                                                
01/10/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/10/05       (H)       JUD, FIN                                                                                               
03/30/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/30/05       (H)       Heard & Held                                                                                           
03/30/05       (H)       MINUTE(JUD)                                                                                            
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/01/05       (H)       Moved CSHB 54(JUD) Out of Committee                                                                    
04/01/05       (H)       MINUTE(JUD)                                                                                            
04/05/05       (H)       JUD RPT CS(JUD) NT 4DP                                                                                 
04/05/05       (H)       DP:   ANDERSON,    DAHLSTROM,   COGHILL,                                                               
                         MCGUIRE                                                                                                
04/12/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/12/05       (H)       Bill Postponed To 4/13                                                                                 
04/13/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/13/05       (H)       Moved CSHB 54(FIN) Out of Committee                                                                    
04/13/05       (H)       MINUTE(FIN)                                                                                            
04/14/05       (H)       FIN RPT CS(FIN) NT 6DP 3NR                                                                             
04/14/05       (H)       DP: HAWKER, CROFT, HOLM, MOSES, FOSTER,                                                                
                         MEYER;                                                                                                 
04/14/05       (H)       NR: WEYHRAUCH, KELLY, CHENAULT                                                                         
04/19/05       (H)       TRANSMITTED TO (S)                                                                                     
04/19/05       (H)       VERSION: CSHB 54(FIN)                                                                                  
04/20/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/20/05       (S)       JUD, FIN                                                                                               
04/25/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 219                                                                                                                  
SHORT TITLE: STRANGULATION CRIMES                                                                                               
SPONSOR(s): REPRESENTATIVE(s) HAWKER                                                                                            
                                                                                                                                
03/15/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/15/05       (H)       JUD, FIN                                                                                               
03/23/05       (H)       JUD RPT 5DP                                                                                            
03/23/05       (H)       DP: GRUENBERG, KOTT, GARA, DAHLSTROM,                                                                  
                         MCGUIRE                                                                                                
03/23/05       (H)       JUD AT 8:00 AM CAPITOL 120                                                                             
03/23/05       (H)       Moved Out of Committee                                                                                 
03/23/05       (H)       MINUTE(JUD)                                                                                            
04/11/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/11/05       (H)       Moved CSHB 219(FIN) Out of Committee                                                                   
04/11/05       (H)       MINUTE(FIN)                                                                                            
04/12/05       (H)       FIN RPT CS(FIN) NT 8DP 2NR                                                                             
04/12/05       (H)       DP:   HAWKER,   HOLM,   FOSTER,   CROFT,                                                               
                         WEYHRAUCH, MOSES, MEYER, CHENAULT;                                                                     
04/12/05       (H)       NR: STOLTZE, KELLY                                                                                     
04/14/05       (H)       TRANSMITTED TO (S)                                                                                     
04/14/05       (H)       VERSION: CSHB 219(FIN)                                                                                 
04/15/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/15/05       (S)       JUD                                                                                                    
04/25/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 116                                                                                                                  
SHORT TITLE: LIABILITY FOR ALCOHOL LAW VIOLATIONS                                                                               
SPONSOR(s): REPRESENTATIVE(s) MEYER                                                                                             
                                                                                                                                
01/28/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/28/05       (H)       STA, JUD                                                                                               
03/01/05       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/01/05       (H)       Moved CSHB 116(STA) Out of Committee                                                                   
03/01/05       (H)       MINUTE(STA)                                                                                            
03/02/05       (H)       STA RPT CS(STA) NT 3DP 2DNP 1AM                                                                        
03/02/05       (H)       DP: GARDNER, GATTO, SEATON;                                                                            
03/02/05       (H)       DNP: RAMRAS, ELKINS;                                                                                   
03/02/05       (H)       AM: GRUENBERG                                                                                          
03/21/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/21/05       (H)       Moved CSHB 116(JUD) Out of Committee                                                                   
03/21/05       (H)       MINUTE(JUD)                                                                                            
03/22/05       (H)       JUD RPT CS(JUD) NT 7DP                                                                                 
03/22/05       (H)       DP:    GRUENBERG,     ANDERSON,    KOTT,                                                               
                         DAHLSTROM, COGHILL, GARA, MCGUIRE                                                                      
04/01/05       (H)       TRANSMITTED TO (S)                                                                                     
04/01/05       (H)       VERSION: CSHB 116(JUD)                                                                                 
04/04/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/04/05       (S)       STA, JUD                                                                                               
04/14/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
04/14/05       (S)       Moved CSHB 116(JUD) Out of Committee                                                                   
04/14/05       (S)       MINUTE(STA)                                                                                            
04/15/05       (S)       STA RPT 4DP                                                                                            
04/15/05       (S)       DP: THERRIAULT, ELTON, HUGGINS, DAVIS                                                                  
04/25/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
Mr. James Crawford, Assistant Revisor                                                                                           
Legislative Legal and Research Services Division                                                                                
Legislative Affairs Agency                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced SB 101                                                                                        
                                                                                                                                
Representative Ralph Samuels                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced HB 54                                                                                         
                                                                                                                                
Mr. Dean Guaneli, Chief Assistant Attorney General                                                                              
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on HB 54, HB 219, and HB 116                                                                   
                                                                                                                                
Ms. Julie Lucky                                                                                                                 
Staff to Representative Mike Hawker                                                                                             
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced HB 219                                                                                        
                                                                                                                                
Ms. Tara Henry, Forensic Nurse                                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 219                                                                           
                                                                                                                                
Representative Mike Hawker                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Commented on HB 219                                                                                      
                                                                                                                                
Mr. Mike Pawlowski                                                                                                              
Staff to Representative Kevin Meyer                                                                                             
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced HB 116                                                                                        
                                                                                                                                
Mr. Doug Griffin, Director                                                                                                      
Alcohol Beverage Control Board                                                                                                  
       th                                                                                                                       
550 W 7 Ave., Suite 540                                                                                                         
Anchorage, AK 99501-3510                                                                                                        
POSITION STATEMENT:  Testified in support of HB 116                                                                           
                                                                                                                                
Ms. Cindy Cashen, Former Executive Director                                                                                     
Mothers Against Drunk Driving                                                                                                   
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Testified in support of HB 116                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:39:48 AM.  Present were Senators                                                             
Hollis French, Charlie Huggins, and Chair Ralph Seekins.                                                                        
                                                                                                                                
                     SB 101-REVISOR'S BILL                                                                                  
                                                                                                                                
Chair Ralph Seekins announced SB 101 to be up for consideration.                                                                
                                                                                                                                
8:40:01 AM                                                                                                                    
Senator Gene Therriault joined the committee.                                                                                   
                                                                                                                                
MR.  JAMES CRAWFORD,  assistant  reviser,  Legislative Legal  and                                                               
Research Services  Division, Legislative Affairs  Agency, advised                                                               
the Revisers  Bill is generated  annually under the  authority of                                                               
AS 01.05.036. It commands the  revisor to make corrections to the                                                               
Alaska  Statutes.   The  corrections  fall  into   three  general                                                               
categories. They improve  the form or substance  of the statutes,                                                               
they update obsolete provisions, and they correct oversights.                                                                   
                                                                                                                                
8:43:00 AM                                                                                                                    
Mr. Crawford  directed the committee's  attention to  Section 94,                                                               
which  is  the  Repealer.  Two sections  being  repealed  are  AS                                                               
44.66.020  and 44.66.030  relating  to  program budgeting.  These                                                               
sections stopped being  used in the late 1970s.  However there is                                                               
one  sentence  in  one  of   the  sections  that  has  continuing                                                               
potential applicability. In  order to preserve the  piece of that                                                               
section the revisors have to pull that part out of the section.                                                                 
                                                                                                                                
8:46:11 AM                                                                                                                    
MR.  CRAWFORD offered  an amendment  for  the committee's  review                                                               
that solves the problem.                                                                                                        
                                                                                                                                
8:46:47 AM                                                                                                                    
SENATOR THERRIAULT moved Amendment 1.                                                                                           
                                                      24-LS0195\Y.1                                                             
                                                          Crawford                                                              
                                                          03/08/05                                                              
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                     BY SENATOR THERRIAULT                                                                 
     TO:  CSSB 101(STA)                                                                                                         
                                                                                                                                
Page 21, lines 1 - 31:                                                                                                          
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 29, line 1, through page 31, line 30:                                                                                      
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 46, line 19:                                                                                                               
     Delete "AS 44.66.020, 44.66.030;"                                                                                          
                                                                                                                                
CHAIR SEEKINS objected for explanation.                                                                                         
                                                                                                                                
SENATOR THERRIAULT stated Mr. Crawford  indicated the auditor has                                                               
cleaned up the  statutes. The Revisor's Bill  should only contain                                                               
the items that everyone has agreed is pure cleanup.                                                                             
                                                                                                                                
CHAIR  SEEKINS withdrew  his objection.  There  being no  further                                                               
objections, Amendment 1 was adopted.                                                                                            
                                                                                                                                
SENATOR  THERRIAULT  moved  CSSB  101(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 8:50:35 AM.                                                                         
                                                                                                                                
            CSHB 54(FIN)-BAIL REVIEW/ CRIME VICTIMS                                                                         
                                                                                                                                
8:51:27 AM                                                                                                                    
                                                                                                                                
CHAIR RALPH SEEKINS announced HB 54 to be up for consideration.                                                                 
                                                                                                                                
REPRESENTATIVE  RALPH  SAMUELS  introduced  HB  54.  Currently  a                                                               
person charged  with an  unclassified crime or  a class  A felony                                                               
may apply  for a bail hearing  every 24 hours. HB  54 proposes to                                                               
change the timeframe  to every 48 hours in order  to give victims                                                               
time  to attend  the hearing.  The bill  would also  allow for  a                                                               
victim to be  introduced during the opening statement  at a trial                                                               
or at jury selection.                                                                                                           
                                                                                                                                
8:53:59 AM                                                                                                                    
The bill  cleans up language  in the Violent  Crimes Compensation                                                               
Board statute to  allow a retired attorney or  physician to serve                                                               
on the Board. The bill also  allows a crime victim the ability to                                                               
petition  for a  review of  a  defendant's sentence  if it  falls                                                               
below the sentencing  range. Convicted criminals have  a right to                                                               
appeal sentences. Victims should also have that right.                                                                          
                                                                                                                                
8:57:48 AM                                                                                                                    
SENATOR HOLLIS FRENCH asked whether  it was after the arraignment                                                               
in district court that HB 54 would kick in.                                                                                     
                                                                                                                                
REPRESENTATIVE SAMUELS said  yes, unless there has  been a change                                                               
in conditions.                                                                                                                  
                                                                                                                                
Senator Gretchen Guess joined the committee.                                                                                    
                                                                                                                                
SENATOR FRENCH  clarified by the  time lawyers get the  facts, it                                                               
would be 48 hours before the bail review.                                                                                       
                                                                                                                                
REPRESENTATIVE SAMUELS answered correct.                                                                                        
                                                                                                                                
9:00:31 AM                                                                                                                    
SENATOR CHARLIE HUGGINS asked  whether the introduction provision                                                               
was for the family.                                                                                                             
                                                                                                                                
REPRESENTATIVE  SAMUELS  advised  "victim"   is  defined  in  the                                                               
statutes. The  intent is to  have either a representative  or the                                                               
actual victim being introduced.                                                                                                 
                                                                                                                                
CHAIR RALPH  SEEKINS asserted the  term "victim" could  include a                                                               
corporation.                                                                                                                    
                                                                                                                                
9:02:28 AM                                                                                                                    
CHAIR SEEKINS communicated  a petition of review paid  for by the                                                               
victim could have other ramifications.                                                                                          
                                                                                                                                
REPRESENTATIVE SAMUELS agreed  and said if a person  were to lose                                                               
that appeal there would be case  law backing it. It would produce                                                               
the opposite result from which the victim aspired.                                                                              
                                                                                                                                
9:06:49 AM                                                                                                                    
MR. DEAN  GUANELI, chief  assistant attorney  general, Department                                                               
of Law  (DOL) expressed  support for  HB 54.  It is  difficult to                                                               
keep victims  notified of all the  defendant's court proceedings.                                                               
HB 54  would allow the defendant  a bail review hearing  every 48                                                               
hours. This provides an opportunity  for the defendant to see the                                                               
judge  and  to acquire  an  attorney.  It also  accommodates  the                                                               
victims and allows  them time to attend the  bail review hearing.                                                               
Additionally, it makes sense to  require the defendants to submit                                                               
new information  that the  court has not  considered in  order to                                                               
request another bail review.                                                                                                    
                                                                                                                                
9:09:41 AM                                                                                                                    
MR. GUANELI  continued this  is intended to  stop the  daily bail                                                               
review request.                                                                                                                 
                                                                                                                                
Chair Seekins announced a brief recess at 9:13:12 AM.                                                                         
Chair Seekins reconvened the meeting at 9:15:13 AM.                                                                           
                                                                                                                                
9:15:13 AM                                                                                                                    
MR. GUANELI continued he is  concerned with regards to Section 4,                                                               
which allows for  the victim to file a petition  for a sentencing                                                               
review.  If a  lenient  sentence  were to  be  upheld  it sets  a                                                               
precedent.  Other judges  may look  at that  opinion and  adopt a                                                               
lower sentencing pattern.                                                                                                       
                                                                                                                                
9:18:17 AM                                                                                                                    
There would  be very little for  a victim to gain  by petitioning                                                               
for  a sentencing  review, but  there is  potentially much  to be                                                               
lost. The concern  is whether the state wants to  allow a private                                                               
party to challenge sentences.                                                                                                   
                                                                                                                                
9:21:54 AM                                                                                                                    
REPRESENTATIVE SAMUELS maintained his  preference to keep Section                                                               
4 in HB 54.                                                                                                                     
                                                                                                                                
SENATOR CHARLIE  HUGGINS asked the  alternative to  ensure proper                                                               
sentencing by the judge.                                                                                                        
                                                                                                                                
9:23:45 AM                                                                                                                    
MR. GUANELI detailed under the  existing system, judges stand for                                                               
reelection  and  very few  judges  have  not been  retained.  The                                                               
process the Legislature  did this year in looking  at the Blakely                                                               
vs.  Washington  decision  was   a  good  exercise  in  examining                                                               
sentencing ranges.                                                                                                              
                                                                                                                                
9:25:40 AM                                                                                                                    
CHAIR SEEKINS  asked Mr.  Guaneli whether it  was possible  for a                                                               
sentence to be passed without a trial.                                                                                          
                                                                                                                                
MR.  GUANELI  responded  95  percent  of  sentences  are  imposed                                                               
without   trial.  Prosecutors   are  not   involved  in   setting                                                               
sentences.                                                                                                                      
                                                                                                                                
CHAIR SEEKINS  asked whether prosecutors discuss  mitigators with                                                               
the defendant's attorney.                                                                                                       
                                                                                                                                
MR. GUANELI said yes. Aggravators are discussed as well.                                                                        
                                                                                                                                
SENATOR  FRENCH  asked  whether  the  provision  would  apply  to                                                               
misdemeanor sentences.                                                                                                          
                                                                                                                                
REPRESENTATIVE SAMUELS replied that was not the intent.                                                                         
                                                                                                                                
SENATOR FRENCH  asked whether  it was standard  for the  state to                                                               
petition for  a review  when they felt  the sentence  handed down                                                               
was inadequate.                                                                                                                 
                                                                                                                                
MR.  GUANELI said  yes.  The  state has  a  right  to appeal  the                                                               
sentence, which forces the court of appeals to issue an opinion.                                                                
                                                                                                                                
SENATOR FRENCH posed a scenario of  a class C felony assault with                                                               
a maximum of five years where  the judge imposed 6 months. If the                                                               
state were to  appeal the sentence and the court  of appeals were                                                               
to agree, he asked how the re-sentencing would occur.                                                                           
                                                                                                                                
9:28:45 AM                                                                                                                    
MR. GUANELI  responded the sentence  would be disapproved  as too                                                               
lenient. The opinion would be  written and published. There is no                                                               
re-sentencing due to the double jeopardy clause.                                                                                
                                                                                                                                
9:30:33 AM                                                                                                                    
CHAIR SEEKINS asked Mr. Guaneli to  estimate the cost of a review                                                               
by the appellate court.                                                                                                         
                                                                                                                                
MR. GUANELI estimated 20-30 attorney hours at $150 an hour.                                                                     
                                                                                                                                
9:33:43 AM                                                                                                                    
CHAIR SEEKINS held HB 54 in committee.                                                                                          
                                                                                                                                
Chair Seekins announced a brief recess at 9:33:53 AM.                                                                         
Chair Seekins reconvened the meeting at 9:44:45 AM.                                                                           
                                                                                                                                
        CSHB 219(FIN)-STRANGULATION & SUFFOCATION CRIMES                                                                    
                                                                                                                                
9:44:45 AM                                                                                                                    
CHAIR RALPH SEEKINS announced HB 219 to be up for consideration.                                                                
                                                                                                                                
MS. JULI  LUCKY, staff to Representative  Mike Hawker, introduced                                                               
HB 219. Currently strangulation  assaults cannot be prosecuted as                                                               
a felony due  to a bar set  in statutes that says in  order to be                                                               
prosecuted as  a felony,  an assault  must have  provable serious                                                               
physical injury.  Often strangulation assaults leave  no physical                                                               
marks.                                                                                                                          
                                                                                                                                
9:46:50 AM                                                                                                                    
MS.  TARA  HENRY, forensic  nurse,  testified  she has  years  of                                                               
examining strangulation assaults.  Perpetrators use strangulation                                                               
as a means to control  their victims. Strangulation is treated as                                                               
a misdemeanor  in Alaska.  HB 219  would provide  the appropriate                                                               
language  required  to  allow  all   strangulation  cases  to  be                                                               
prosecuted as felonies.                                                                                                         
                                                                                                                                
9:51:58 AM                                                                                                                    
MR. DEAN  GUANELI concurred  the intent  of HB  219 is  to ensure                                                               
strangulation assaults are prosecuted  as felonies. Injuries that                                                               
are created by  strangulation can evolve into  long term physical                                                               
problems for the victim.                                                                                                        
                                                                                                                                
9:54:11 AM                                                                                                                    
CHAIR SEEKINS asked Mr. Guaneli  whether the court might consider                                                               
that hands are not deadly weapons.                                                                                              
                                                                                                                                
MR. GUANELI  stated there is case  law in Alaska where  hands and                                                               
feet have  been found to be  deadly weapons, based on  the manner                                                               
in which they were used.                                                                                                        
                                                                                                                                
CHAIR  SEEKINS asked  whether  the  use of  hands  in beating  or                                                               
threatening someone would be considered a dangerous weapon.                                                                     
                                                                                                                                
9:56:56 AM                                                                                                                    
MR. GUANELI answered yes. Hands  and feet can be characterized as                                                               
a dangerous weapon under AS 11.81.900 (b)(15)(A).                                                                               
                                                                                                                                
CHAIR  SEEKINS said  it  is  the intent  of  the Senate  Standing                                                               
Judiciary  Committee  that  by  including  definition  (B)  under                                                               
"dangerous  instrument"   (AS  11.81.900)   that  hands   can  be                                                               
dangerous instruments under many circumstances.                                                                                 
                                                                                                                                
MR. GUANELI agreed.                                                                                                             
                                                                                                                                
SENATOR HOLLIS FRENCH read the definition of "deadly weapon":                                                                   
     "Any firearm  or anything designed  for and  capable of                                                                    
     causing death or serious  physical injury, including an                                                                    
     knife,  and   ax,  a  club,   metal  knuckles,   or  an                                                                    
     explosive."                                                                                                                
                                                                                                                                
9:59:08 AM                                                                                                                    
MR. GUANELI  explained the current  code defines  "deadly weapon"                                                               
exactly as Senator French read.  The courts would rule that hands                                                               
and feet could be dangerous instruments.                                                                                        
                                                                                                                                
10:01:49 AM                                                                                                                   
CHAIR  SEEKINS asked  the reason  Page 1,  line 8  does not  read                                                               
"and" rather than "or".                                                                                                         
                                                                                                                                
MR. GUANELI  detailed the reason  for the separate  subsection is                                                               
due to experience in trials.                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE HAWKER  offered a response to the  use of the                                                               
word  "or."  The word  may  be  construed either  inclusively  or                                                               
exclusively.                                                                                                                    
                                                                                                                                
10:07:30 AM                                                                                                                   
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR CHARLIE  HUGGINS moved CSHB 219(FIN)  from committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
       CSHB 116(JUD)-LIABILITY FOR ALCOHOL LAW VIOLATIONS                                                                   
                                                                                                                                
10:11:46 AM                                                                                                                   
CHAIR RALPH SEEKINS announced HB 116 to be up for consideration.                                                                
                                                                                                                                
MR. MICHAEL PAWLOWSKI introduced  HB 116. Under current statutes,                                                               
persons under 21 years of age  can be sued by license holders for                                                               
assisting   law  enforcement   officers   in  investigating   and                                                               
enforcing compliance  with the  state's alcoholic  beverage laws.                                                               
HB 116 adds protection for a young person to the statutes.                                                                      
                                                                                                                                
SENATOR  GRETCHEN  GUESS  asked   the  difference  between  peace                                                               
officer and law enforcement officer.                                                                                            
                                                                                                                                
MR. PAWLOWSKI voiced he is not certain.                                                                                         
                                                                                                                                
CHAIR RALPH  SEEKINS stated  peace officers  could be  members of                                                               
the Department  of Fish and  Game. Police officers have  to reach                                                               
certain standards.                                                                                                              
                                                                                                                                
SENATOR HOLLIS FRENCH read the definition of peace officer:                                                                     
     "A  public  servant  vested  by  law  with  a  duty  to                                                                    
     maintain public  order or to  make arrests  whether the                                                                    
     duty  extends  to  all  offenses or  is  limited  to  a                                                                    
     specific class of offenses or offenders."                                                                                  
                                                                                                                                
10:16:26 AM                                                                                                                   
SENATOR FRENCH asked whether anyone has been sued.                                                                              
                                                                                                                                
MR. PAWLOWSKI said yes.                                                                                                         
                                                                                                                                
CHAIR  SEEKINS  asked   the  reason  HB  116  does   not  have  a                                                               
retroactive clause.                                                                                                             
                                                                                                                                
MR.  PAWLOWSKI  explained  passing legislation  retroactively  is                                                               
problematic.                                                                                                                    
                                                                                                                                
10:18:54 AM                                                                                                                   
SENATOR GENE THERRIAULT commented if  the case were still pending                                                               
while the law is changed it would nullify the case.                                                                             
                                                                                                                                
SENATOR FRENCH  commented an immediate effective  date would shut                                                               
any active case down.                                                                                                           
                                                                                                                                
SENATOR GUESS asked the statute of limitations.                                                                                 
                                                                                                                                
MR. PAWLOWSKI did not know.                                                                                                     
                                                                                                                                
10:20:52 AM                                                                                                                   
CHAIR  SEEKINS  expressed  concern  regarding  tying  up  pending                                                               
cases.                                                                                                                          
                                                                                                                                
SENATOR THERRIAULT  suggested the  committee put the  question to                                                               
the drafter.                                                                                                                    
                                                                                                                                
CHAIR SEEKINS suggested the committee further research options.                                                                 
                                                                                                                                
10:25:21 AM                                                                                                                   
SENATOR THERRIAULT  asked for a  witness to inform  the committee                                                               
regarding the lawsuit pending.                                                                                                  
                                                                                                                                
MR.  DOUG  GRIFFIN,  director, Alcohol  Beverage  Control  Board,                                                               
advised the  case pending  is in Fairbanks.  He could  not recall                                                               
the establishment but  the primary licensee is a  Mr. Lambert who                                                               
owns several businesses with liquor licenses in Fairbanks.                                                                      
                                                                                                                                
10:28:17 AM                                                                                                                   
CHAIR  SEEKINS asked  the  number  of persons  in  jeopardy of  a                                                               
lawsuit if the bill is not made retroactive.                                                                                    
                                                                                                                                
MR. GUANELI could not determine.                                                                                                
                                                                                                                                
10:30:46 AM                                                                                                                   
MS. CINDY CASHEN, past executive  director, Mothers Against Drunk                                                               
Driving, testified in  support of HB 116. She  advised a majority                                                               
of  their young  people volunteer  to work  with law  enforcement                                                               
officers  to  raise awareness  of  underage  drinking and  minors                                                               
purchasing alcohol. While  the compliance check rate  has gone up                                                               
the establishment  owners have  developed a  phone tree  and they                                                               
alert  other  business  owners  when there  is  an  operation  in                                                               
effect.  In Juneau  there  are 5  to 6  people  who volunteer  on                                                               
compliance checks. Statewide there are close to 25.                                                                             
                                                                                                                                
10:33:04 AM                                                                                                                   
MS.  CASHEN  detailed  the  pending   case  of  the  teenager  in                                                               
Fairbanks.  The compliance  operation was  a planned  event. Some                                                               
business owners found  a loophole to challenge the  sting. Two of                                                               
them in Fairbanks fully intend to take the teenager to court.                                                                   
                                                                                                                                
CHAIR SEEKINS suggested the committee  research to see whether HB                                                               
116 could be retroactive. He held HB 116 in committee.                                                                          
                                                                                                                                
10:34:49 AM                                                                                                                   
There being  no further  business to  come before  the committee,                                                               
Chair Seekins adjourned the meeting at 10:35:19 AM.                                                                           
                                                                                                                                

Document Name Date/Time Subjects