Legislature(2007 - 2008)

05/09/2007 02:45 PM JUD

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                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                          May 9, 2007                                                                                           
                           2:45 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator Hollis French, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Bill Wielechowski                                                                                                       
Senator Lesil McGuire                                                                                                           
Senator Gene Therriault                                                                                                         
MEMBERS ABSENT                                                                                                                
All members present                                                                                                             
OTHER LEGISLATORS PRESENT                                                                                                     
Senator Con Bunde                                                                                                               
COMMITTEE CALENDAR                                                                                                            
CS FOR HOUSE BILL NO. 90(FIN)                                                                                                   
"An  Act relating  to  credit  toward service  of  a sentence  of                                                               
imprisonment;  relating  to  violation of  probation  and  parole                                                               
conditions  by  sex  offenders; relating  to  bail;  relating  to                                                               
distribution  of certain  materials to  minors; relating  to time                                                               
limitations for  prosecution of certain  crimes; relating  to sex                                                               
offender  registration;   relating  to   the  maximum   time  for                                                               
probation;   relating    to   certain    post-conviction   relief                                                               
applications;  relating  to  good  time;  and  providing  for  an                                                               
effective date."                                                                                                                
     HEARD AND HELD                                                                                                             
SENATE BILL NO. 95                                                                                                              
"An  Act relating  to a  requirement for  competitive bidding  on                                                               
contracts for the preparation of election ballots."                                                                             
     MOVED CSSB 95(STA) OUT OF COMMITTEE                                                                                        
CS FOR HOUSE BILL NO. 118(RLS)                                                                                                  
"An Act  relating to underage  possession of  alcoholic beverages                                                               
in a dwelling."                                                                                                                 
     HEARD AND HELD                                                                                                             
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB  90                                                                                                                  
SHORT TITLE: CRIMES/CRIM PROCEDURE/SENTENCING                                                                                   
SPONSOR(s): REPRESENTATIVE(s) SAMUELS, STOLTZE                                                                                  
01/16/07       (H)       PREFILE RELEASED 1/12/07                                                                               
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       JUD                                                                                                    
02/05/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/05/07       (H)       <Bill Hearing Rescheduled to 02/08/07>                                                                 
02/08/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/08/07       (H)       <Bill Hearing Canceled>                                                                                
02/12/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/12/07       (H)       <Bill Hearing Canceled>                                                                                
03/28/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/28/07       (H)       Scheduled But Not Heard                                                                                
03/30/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/30/07       (H)       -- MEETING CANCELED --                                                                                 
04/10/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/10/07       (H)       Heard & Held                                                                                           
04/10/07       (H)       MINUTE(JUD)                                                                                            
04/13/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/13/07       (H)       Moved CSHB  90(JUD) Out of Committee                                                                   
04/13/07       (H)       MINUTE(JUD)                                                                                            
04/16/07       (H)       JUD RPT CS(JUD) NT 4DP 1NR                                                                             
04/16/07       (H)       DP: GRUENBERG, LYNN, SAMUELS, RAMRAS                                                                   
04/16/07       (H)       NR: HOLMES                                                                                             
04/16/07       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
04/24/07       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/24/07       (H)       Moved CSHB  90(FIN) Out of Committee                                                                   
04/24/07       (H)       MINUTE(FIN)                                                                                            
04/25/07       (H)       FIN RPT CS(FIN) NT 6DP 2NR                                                                             
04/25/07       (H)       DP: CRAWFORD, THOMAS, STOLTZE, HAWKER,                                                                 
                         KELLY, MEYER                                                                                           
04/25/07       (H)       NR: GARA, JOULE                                                                                        
05/01/07       (H)       TRANSMITTED TO (S)                                                                                     
05/01/07       (H)       VERSION: CSHB 90(FIN)                                                                                  
05/02/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/02/07       (S)       JUD, FIN                                                                                               
05/09/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
BILL: HB 118                                                                                                                  
SHORT TITLE: PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL                                                                           
SPONSOR(s): REPRESENTATIVE(s) MEYER                                                                                             
02/05/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/05/07       (H)       L&C, JUD                                                                                               
02/16/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/16/07       (H)       <Bill Hearing Canceled>                                                                                
02/21/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/21/07       (H)       Moved Out of Committee                                                                                 
02/21/07       (H)       MINUTE(L&C)                                                                                            
02/22/07       (H)       L&C RPT 4DP 2NR                                                                                        
02/22/07       (H)       DP: GARDNER, RAMRAS, GATTO, OLSON                                                                      
02/22/07       (H)       NR: LEDOUX, NEUMAN                                                                                     
03/12/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/12/07       (H)       Moved Out of Committee                                                                                 
03/12/07       (H)       MINUTE(JUD)                                                                                            
03/14/07       (H)       JUD RPT 2DP 4NR 1AM                                                                                    
03/14/07       (H)       DP: LYNN, RAMRAS                                                                                       
03/14/07       (H)       NR: COGHILL, DAHLSTROM, SAMUELS, HOLMES                                                                
03/14/07       (H)       AM: GRUENBERG                                                                                          
04/02/07       (H)       RLS AT 5:00 PM CAPITOL 106                                                                             
04/02/07       (H)       Moved CSHB 118(RLS) Out of Committee                                                                   
04/02/07       (H)       MINUTE(RLS)                                                                                            
04/03/07       (H)       RLS RPT CS(RLS) 4DP 3NR                                                                                
04/03/07       (H)       DP:   FAIRCLOUGH,    KERTTULA,   HARRIS,                                                               
04/03/07       (H)       NR: SAMUELS, GUTTENBERG, COGHILL                                                                       
04/03/07       (H)       TRANSMITTED TO (S)                                                                                     
04/03/07       (H)       VERSION: CSHB 118(RLS)                                                                                 
04/04/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/04/07       (S)       L&C, JUD                                                                                               
04/17/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/17/07       (S)       Heard & Held                                                                                           
04/17/07       (S)       MINUTE(L&C)                                                                                            
04/19/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/19/07       (S)       Scheduled But Not Heard                                                                                
04/24/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/24/07       (S)       Moved CSHB 118(RLS) Out of Committee                                                                   
04/24/07       (S)       MINUTE(L&C)                                                                                            
04/25/07       (S)       L&C RPT  2DP 2NR                                                                                       
04/25/07       (S)       DP: ELLIS, DAVIS                                                                                       
04/25/07       (S)       NR: BUNDE, STEVENS                                                                                     
05/09/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
BILL: SB  95                                                                                                                  
SHORT TITLE: COMPETITIVE BIDDING FOR BALLOT PREP                                                                                
SPONSOR(s): SENATOR(s) BUNDE                                                                                                    
02/26/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/26/07       (S)       STA, JUD, FIN                                                                                          
04/17/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
04/17/07       (S)       Scheduled But Not Heard                                                                                
04/24/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
04/24/07       (S)       Moved CSSB  95(STA) Out of Committee                                                                   
04/24/07       (S)       MINUTE(STA)                                                                                            
04/25/07       (S)       STA RPT CS  2DP 3NR   SAME TITLE                                                                       
04/25/07       (S)       DP: MCGUIRE, BUNDE                                                                                     
04/25/07       (S)       NR: FRENCH, STEVENS, GREEN                                                                             
05/09/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
WITNESS REGISTER                                                                                                              
ANNE CARPENETI, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
POSITION STATEMENT: Explained the provisions in CSHB 90(FIN).                                                                 
SHARON FOSTER, representing herself                                                                                             
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Supported HB 90.                                                                                          
LAUREN RICE, Legislative Liaison                                                                                                
Department of Public Safety                                                                                                     
POSITION STATEMENT: Supported HB 90.                                                                                          
PATRICK FOSTER                                                                                                                  
AG Publishing and Printing                                                                                                      
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Supported SB 95.                                                                                          
JASON HOOLEY, Special Assistant                                                                                                 
Office of the Lieutenant Governor                                                                                               
POSITION STATEMENT: Supported SB 95.                                                                                          
MIKE PAWLOWSKI                                                                                                                  
Staff to Representative Meyer                                                                                                   
Juneau, AK                                                                                                                      
POSITION STATEMENT: Presented HB 118 for the sponsor.                                                                         
ACTION NARRATIVE                                                                                                              
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing                                                                      
Committee meeting to order at 2:45:37 PM. Present at the call to                                                              
order were Senators Huggins, Wielechowski, and Chair French.                                                                    
         CSHB  90(FIN)-CRIMES/CRIM PROCEDURE/SENTENCING                                                                     
2:46:01 PM                                                                                                                    
CHAIR  FRENCH announced  the consideration  of HB  90, and  noted                                                               
that CSHB 90(FIN) was before the committee.                                                                                     
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Department  of  Law  (DOL),  said  the  bill  was  introduced  by                                                               
Representative Samuels with a bail provision intended to fine-                                                                  
tune a  statute that was  passed last  year to avoid  serial bail                                                               
hearings. In addition,  it fine tunes other  legislation that has                                                               
been passed in the last 4 or 5 years.                                                                                           
She  explained that  section  1  of CSHB  90(FIN)  creates a  new                                                               
crime: violation by  a sex offender of condition  of probation or                                                               
parole. The reason is when SB  218 was adopted last session where                                                               
someone who  has been  released on parole  or probation  will run                                                               
out  of  "time  hanging  over   their  heads"  to  enforce  their                                                               
conditions  of  probation  or  parole   -  like  taking  periodic                                                               
polygraphs and  making sure  they don't  move into  another area.                                                               
This bill adds an enforcement  mechanism for felony sex offenders                                                               
who  are  on  probation  or  parole  who  do  not  abide  by  the                                                               
conditions  of parole  that  are considered  to  be important  in                                                               
order to  safeguard the public and  to at least try  to delay re-                                                               
CHAIR FRENCH  said the bill isn't  adding to their sentence  or a                                                               
new condition to probation.                                                                                                     
MS.  CARPENETI agreed,  and said  the  bill only  applies to  sex                                                               
offenders with no time remaining on their original sentence.                                                                    
2:48:53 PM                                                                                                                    
She  explained that  section  2 improves  the  definition of  the                                                               
crime of the  sending of indecent electronic  material. Section 3                                                               
is a  conforming section, regarding  the forfeiture  of equipment                                                               
like  computers.   Section  4  is   a  provision   for  cold-case                                                               
prosecutor funding.  This would  be helpful for  pressing charges                                                               
although  there is  a statute  of limitations.  Section 5  limits                                                               
serial bail  hearings by  requiring a person  to provide  as much                                                               
information as possible at the initial hearing.                                                                                 
2:50:38 PM                                                                                                                    
MS.  CARPENETI said  that section  6  puts standards  for when  a                                                               
judge can  award time  against a  sentence for  a period  of time                                                               
spent  in  a treatment  program  into  statute. This  would  make                                                               
sentencing  more  uniform  across  the  state.  The  three  basic                                                               
requirements for credits  are that the court must  order a person                                                               
to  a program,  treatment programs  must meet  certain standards,                                                               
and  credit  is  only  issued   for  days  the  program  director                                                               
CHAIR  FRENCH  asked  if  the  bill is  in  any  way  related  to                                                               
electronic monitoring or home arrest.                                                                                           
MS. CARPENETI replied that it is not.                                                                                           
2:52:25 PM                                                                                                                    
MS. CARPENETI  explained that section 7  provides fix-it elements                                                               
needed  in response  to  SB 218  that  adopted mandatory  minimum                                                               
terms  of 15  years of  probation for  felony sex  offenders; but                                                               
current  statute sets  out  10 years  maximum  probation for  all                                                               
crimes.  This  would allow  the  court  to  impose the  15  years                                                               
mandatory minimum or more for sex offender probation.                                                                           
Section 8  adds language  regarding sex-offense  registration for                                                               
electronic distribution of illicit  materials to a minor. Section                                                               
9   addresses  applications   for  post-conviction   relief.  She                                                               
explained that  the state over the  past 10 or 12  years has made                                                               
good  progress  in eliminating  lawsuits  filed  by prisoners  by                                                               
adopting  a  limit of  one  post-conviction  application after  a                                                               
conviction is  upheld on  direct appeal.  She explained  that the                                                               
courts have  held that fairness requires  a person to be  able to                                                               
bring a second  application for post conviction relief  so that a                                                               
person  can litigate  a claim  when his  or her  attorney's first                                                               
petition  was  not  effective. This  section  provides  that  the                                                               
person in  the second application  has to  file within a  year of                                                               
the final decision on the first one.                                                                                            
Section 10  provides that a person  may not be awarded  good time                                                               
by  the  Department of  Corrections  (DOC)  when in  a  treatment                                                               
program, in a private residence or under electronic monitoring.                                                                 
CHAIR FRENCH  said that a person  who is sentenced to  20 days in                                                               
jail has to do 20 days of treatment  or 20 days of home arrest or                                                               
20 days  of electronic monitoring.  The person does not  the one-                                                               
third  deduction  that  he  or  she would  get  in  a  correction                                                               
MS. CARPENETI  agreed and  added that  Ms. Griffin  has testified                                                               
that there are  no treatment programs that DOC sends  a person to                                                               
that  isn't  in connection  with  probation  and parole.  So  you                                                               
wouldn't be  getting good  time for  that anyway;  this is  not a                                                               
change in current practice.                                                                                                     
2:55:27 PM                                                                                                                    
SENATOR  MCGUIRE noted  that in  the  past the  reason for  using                                                               
electronic monitoring  was to  cut costs. She  asked if  that was                                                               
the goal for the policy.                                                                                                        
MS. CARPENETI explained that good  time awards have always been a                                                               
tool  to encourage  good behavior  in jail.  It doesn't  apply to                                                               
someone  who has  been released  to serve  a part  of his  or her                                                               
sentence at home under electronic monitoring.                                                                                   
CHAIR  FRENCH  noted  that  Senator  Therriault  had  joined  the                                                               
2:56:19 PM                                                                                                                    
CHAIR FRENCH asked about the applicability of section 11.                                                                       
MS.  CARPENETI replied  it  applies to  sentences  imposed on  or                                                               
after the  effective date of  the act.  It could apply  to crimes                                                               
committed  before  that  date,  but  only  to  sentences  imposed                                                               
afterwards.  Section  9,  the  section  on  limitation  on  post-                                                               
conviction  relief applications,  applies to  persons who  are in                                                               
jail and were convicted before, on, or after the affected date.                                                                 
2:57:50 PM                                                                                                                    
CHAIR FRENCH moved Amendment 1, which was offered in the House.                                                                 
                          AMENDMENT 1                                                                                       
     Offered in the House to CSHB 90(FIN)                                                                                       
     Page 3, line 28:                                                                                                           
          Delete "(A)"                                                                                                      
     Page 3, lines 29 - 30:                                                                                                     
          Delete all material                                                                                                   
SENATOR WIELECHOWSKI objected.                                                                                                  
CHAIR  FRENCH said  that  the amendment  removes  a reference  to                                                               
information the  defendant knew  about but did  not present  in a                                                               
previous bail  hearing. The reference  could present a  series of                                                               
conflicts.  He  noted that  the  amendment  is supported  by  the                                                               
SENATOR WIELECHOWSKI removed his objection.                                                                                     
SENATOR THERRIAULT suggested it  should be a conceptual amendment                                                               
to accommodate grammar and drafting.                                                                                            
CHAIR FRENCH read the amendment.                                                                                                
SENATOR THERRIAULT said he had no objection.                                                                                    
CHAIR FRENCH, seeing no further objection, announced that                                                                       
Amendment 1 is adopted.                                                                                                         
SENATOR WIELECHOWSKI moved Amendment 2.                                                                                         
                          AMENDMENT 2                                                                                       
     OFFERED IN THE SENATE              BY SENATOR WIELECHOWSKI                                                                 
       TO:  CSHB 90(FIN)                                                                                                        
     Page 3, line 15, following "age":                                                                                          
          Insert ";                                                                                                         
               (6)  kidnapping"                                                                                             
CHAIR FRENCH objected for discussion purposes.                                                                                  
SENATOR WIELECHOWSKI explained that the amendment would make the                                                                
statute of limitations for kidnapping unlimited.                                                                                
CHAIR FRENCH removed his objection and announced that without                                                                   
further objection Amendment 2 is adopted.                                                                                       
At ease from 3:01:18 PM to 3:01:38 PM.                                                                                      
SENATOR WIELECHOWSKI moved Amendment 3.                                                                                         
                          AMENDMENT 3                                                                                       
     OFFERED IN THE SENATE              BY SENATOR WIELECHOWSKI                                                                 
       TO:  CSHB 90(FIN)                                                                                                        
     Page 1, line 5, following "time;":                                                                                       
          Insert "relating to DNA samples collected for                                                                       
        inclusion in the DNA identification registration                                                                      
     Page 6, following line 23:                                                                                                 
     Insert a new bill section to read:                                                                                         
      "* Sec. 11. AS 44.41.035 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (q)  The department shall process each sample                                                                         
     collected   and   include   the   identification   data                                                                    
     resulting  from  the  testing  of  the  sample  in  the                                                                    
     identification  registration  system   within  90  days                                                                    
     after receiving the sample."                                                                                               
     Renumber the following bill sections accordingly.                                                                          
CHAIR FRENCH objected for discussion purposes.                                                                                  
SENATOR  WIELECHOWSKI explained  that  the  amendment would  help                                                               
find  people earlier  by requiring  DNA samples  to be  processed                                                               
within 90 days.                                                                                                                 
3:02:51 PM                                                                                                                    
SHARON  FOSTER, representing  herself, said  that this  amendment                                                               
gives  law enforcement  the tools  it needs  to fight  crimes and                                                               
keep offenders from  committing more crimes. If DNA  can be taken                                                               
upon  arrest and  processed within  90 days,  it would  help. She                                                               
commented on  a personal  tie to  the matter,  and said  that the                                                               
state needs  to set  standards and ensure  the information  is in                                                               
place within  60 days.  It's costly and  heartbreaking to  not do                                                               
3:08:59 PM                                                                                                                    
SENATOR MCGUIRE said she supports  both amendments and she thinks                                                               
there is  a real problem  that needs  to be addressed.  There are                                                               
2,000 DNA buccal swabs that are not  yet in the data base and she                                                               
was  calling on  the  commissioner of  the  Department of  Public                                                               
Safety (DPS)  to take  action. She  said it  could happen  in two                                                               
ways.  First, there  needs to  be better  education to  municipal                                                               
police  officers about  how  to  process the  swabs  in a  timely                                                               
manner. Second,  the backlog needs  to be addressed  with another                                                               
full time criminalist position in the crime lab.                                                                                
3:11:35 PM                                                                                                                    
CHAIR  FRENCH added  that Senator  Bunde allowed  his bill  to be                                                               
folded into the current one. He removed his objection.                                                                          
3:12:11 PM                                                                                                                    
LAUREN  RICE, Legislative  Liaison, Department  of Public  Safety                                                               
(DPS),  stated support  for the  amendment. The  department wants                                                               
the  90-day limit.  Addressing  Senator  McGuire's comments,  she                                                               
said  DPS  knows   about  the  federal  grants   and  should  the                                                               
amendments  pass,  the DPS  fiscal  note  will include  four  lab                                                               
technicians.  To  make  sure  there is  a  smooth  transition  in                                                               
implementation,  she asked  that this  particular section  have a                                                               
2009  effective date.  Even if  she started  recruiting for  this                                                               
position now, the  department would need at least  six months for                                                               
training followed  with some supervision. Although  DPS wants the                                                               
effective date of  the collection to be immediate,  they want the                                                               
90-day requirement for  processing to be two years  out. Also, on                                                               
line 8 following "shall" DPS  would like the language "make every                                                               
effort  to"  to  be  inserted.  The concern  is  that  if  a  lab                                                               
technician is unavailable or if  a critical piece of equipment is                                                               
broken, there  would be  problems if  the processing  took longer                                                               
than 90 days.                                                                                                                   
CHAIR  FRENCH  thanked her  and  said  the suggestions  would  be                                                               
incorporated into a Senate CS.                                                                                                  
3:15:08 PM                                                                                                                    
MS.  CARPENETI  suggested that  the  90-day  limitation apply  to                                                               
samples taken from individuals and not from a crime scene.                                                                      
CHAIR FRENCH asked  her to work with Senator  Wielechowski on the                                                               
language.  He  removed  his  objection   and  seeing  no  further                                                               
objection, announced that Amendment 3 is adopted.                                                                               
3:16:14 PM                                                                                                                    
SENATOR WIELECHOWSKI moved Amendment 4.                                                                                         
                          AMENDMENT 4                                                                                       
     OFFERED IN THE SENATE              BY SENATOR WIELECHOWSKI                                                                 
       TO:  CSHB 90(FIN)                                                                                                        
     Page 1, line 5, following "time;":                                                                                       
          Insert "relating to DNA samples from persons                                                                        
     charged with certain offenses;"                                                                                          
     Page 6, following line 23:                                                                                                 
     Insert new bill sections to read:                                                                                          
        "* Sec. 11. AS 44.41.035(b) is amended to read:                                                                     
          (b)  The Department of Public Safety shall                                                                            
     collect for inclusion into  the DNA registration system                                                                    
     a  blood  sample, oral  sample,  or  both, from  (1)  a                                                                    
     person convicted  in this  state of  a crime  against a                                                                    
     person or a felony under AS 11  or AS 28.35 or a law or                                                                    
     ordinance with  elements similar  to a crime  against a                                                                    
     person  or a  felony  under AS 11  or  AS 28.35, (2)  a                                                                    
     minor  16  years of  age  or  older, adjudicated  as  a                                                                    
     delinquent in  this state  for an act  that would  be a                                                                    
     crime  against a  person  or a  felony  under AS 11  or                                                                    
     AS 28.35 if  committed by an  adult or for an  act that                                                                    
     would violate a law  or ordinance with elements similar                                                                    
     to a crime against a person  or a felony under AS 11 or                                                                    
     AS 28.35  if committed  by an  adult,  (3) a  voluntary                                                                    
     donor, (4) an  anonymous DNA donor for  use in forensic                                                                    
     validation,  forensic   protocol  development,  quality                                                                    
     control,  or  population  or  statistical  data  bases,                                                                    
     [AND]  (5)  a person  required  to  register as  a  sex                                                                    
     offender or  child kidnapper under AS 12.63,  and (6) a                                                                
     person  charged in  a  criminal complaint,  indictment,                                                                
     presentment,  or information  with  a  crime against  a                                                                
     person or  a felony under  AS 11 or AS 28.35, or  a law                                                                
     or ordinance  with elements similar to  a crime against                                                                
     a  person or  a  felony under  AS 11  or AS 28.35.  The                                                                
     department also may collect for  inclusion into the DNA                                                                    
     registration  system a  blood sample,  oral sample,  or                                                                    
     tissue  sample  from  crime   scene  evidence  or  from                                                                    
     unidentified  human  remains.  The  DNA  identification                                                                    
     registration  system consists  of the  blood, oral,  or                                                                    
     tissue  samples drawn  under this  section, any  DNA or                                                                    
     other blood  grouping tests done on  those samples, and                                                                    
     the  identification  data  related to  the  samples  or                                                                    
     tests. Blood samples, oral  samples, and tissue samples                                                                    
     not subject to testing under  this section, and test or                                                                    
     identification data  related to those samples,  may not                                                                    
     be  entered   into,  or  made   a  part  of,   the  DNA                                                                    
     identification registration system.                                                                                        
        * Sec. 12. AS 44.41.035(i) is amended to read:                                                                        
          (i)  The Department of Public Safety shall, upon                                                                      
     receipt of a  court order, destroy the  material in the                                                                    
     system relating to a person.  The court shall issue the                                                                    
     order if  the person's DNA  was included in  the system                                                                
               (1)  (b)(1) or (2) of this section and the                                                                   
     court [IT] determines that                                                                                             
               (A) [(1)]  the conviction or adjudication                                                                    
     that  subjected the  person to  having  a sample  taken                                                                    
     under this section is reversed; and                                                                                        
               (B) [(2)]  the person                                                                                        
               (i) [(A)]  is not retried or readjudicated                                                                   
     for the crime; or                                                                                                          
               (ii) [(B)]  after retrial, is acquitted of                                                                   
      the crime or, after readjudication for the crime, is                                                              
     not found to be a delinquent; or                                                                                       
               (2)  (b)(6) of this section and the court                                                                    
      determines that the criminal complaint, indictment,                                                                   
     presentment, or information has been dismissed.                                                                        
        * Sec. 13. AS 44.41.035(l) is amended to read:                                                                        
          (l)  The Department of Public Safety may not                                                                          
     include in the DNA  registration system a blood sample,                                                                    
     oral  sample,  or tissue  sample  of  the victim  of  a                                                                    
     crime, unless  that person would otherwise  be included                                                                    
     under (b)(1) - (6) [(b)(1) - (5)] of this section."                                                                    
     Renumber the following bill sections accordingly.                                                                          
CHAIR FRENCH objected for discussion purposes.                                                                                  
SENATOR WIELECHOWSKI  explained that the amendment  tracks a bill                                                               
that  was  filed by  Senator  Bunde  with minor  differences.  It                                                               
requires that  DNA samples be  taken from  a person charged  in a                                                               
criminal  complaint,  indictment,  presentment, or  if  there  is                                                               
information with  a crime against a  person or a felony  under AS                                                               
11 or AS  28.35 or ordinances with similar elements.  The goal is                                                               
to  get immediate  DNA samples  from those  who are  indicted for                                                               
felonies.  There is  a provision  that the  information is  to be                                                               
destroyed if  a person upon  court order has been  adjudicated to                                                               
be not guilty. This is a safety valve to protect civil rights.                                                                  
3:17:33 PM                                                                                                                    
MS.  RICE asked  the committee  to change  the word  "charged" to                                                               
"arrested". Currently the  DPS computer system is set  up with an                                                               
interface  for  arrestees,  but   not  for  individuals  who  are                                                               
charged.  This  would  allow implementation  without  a  computer                                                               
system overhaul.                                                                                                                
MS. CARPENETI  said there are two  ways to look at  the matter. A                                                               
criminal complaint  means that usually somebody  has reviewed the                                                               
evidence and  elements of  the offense and  filed a  charge. It's                                                               
one step  removed from  an arrest. The  practical problem  with a                                                               
criminal charge is  that DPS doesn't know when a  person has been                                                               
charged. "If  you peg it to  a charge, they may  be summoned into                                                               
court; they  may never  be arrested. They  come into  court, they                                                               
answer the charges. There's nobody there  to take it and if there                                                               
were, there would be chain-of-custody  problems with the evidence                                                               
itself."  She   said  she  supports   the  DPS   suggestion.  The                                                               
alternative would require  setting up a new  system for gathering                                                               
buccal swabs from  people who are charged and  not arrested. Then                                                               
there would  need to  be a  system for getting  the swabs  to the                                                               
police in a way that would be upheld in court.                                                                                  
3:19:43 PM                                                                                                                    
CHAIR FRENCH  said it's clearly easiest  to give the swab  to the                                                               
police officer who  is arresting someone. The aim  is the arrest.                                                               
If the charges are later  dismissed, it's likely that will happen                                                               
before the sample  is processed and the person  wouldn't have his                                                               
or her DNA  analyzed. He questioned how to  rewrite the amendment                                                               
to achieve the goal.                                                                                                            
SENATOR WIELECHOWSKI  said changing "charged" to  "arrested" will                                                               
solve one  problem and he'd  be happy to  work with DPS  on other                                                               
areas of concern.                                                                                                               
CHAIR  FRENCH said  further  change is  needed  because it  reads                                                               
3:22:00 PM                                                                                                                    
SENATOR   BUNDE,  sponsor   of   SB  33,   agreed  with   Senator                                                               
Wielechowski that the swab should be  done at the time of arrest.                                                               
He referred  the committee to  the CS  for SB 33,  which includes                                                               
the  term "arrest".  He  described the  buccal  swab as  the  21                                                                
century version  of fingerprinting.  It's not a  huge step  to go                                                               
from the fingerprint to the DNA sample, he said.                                                                                
CHAIR FRENCH said the difference is  that in a security breach if                                                               
his finger print  gets out into the world it's  one thing, but if                                                               
his  DNA  gets  out,  he  and his  family  could  suffer  adverse                                                               
consequences  for  medical insurance,  for  instance.  That is  a                                                               
SENATOR BUNDE  explained that this  type of DNA testing  does not                                                               
get into medical history. It's just enough for identification.                                                                  
CHAIR FRENCH  removed his  objection and  announced that  with no                                                               
further objection Amendment 4 is adopted.                                                                                       
3:24:35 PM                                                                                                                    
SENATOR BUNDE offered his CS to help draft the new CS.                                                                          
MS. FOSTER  added that federal  money has already  been allocated                                                               
to Alaska  to deal with  the backlog, but  the only issue  now is                                                               
that people  at the crime lab  are not allowed to  work overtime.                                                               
If they had the opportunity to  use those funds for overtime, the                                                               
backlog could be dealt with quickly.                                                                                            
CHAIR FRENCH  thanked her  and closed  public testimony.  He said                                                               
that a CS would be prepared.                                                                                                    
3:26:20 PM                                                                                                                    
SENATOR THERRIAULT  asked why language  on lines 25 and  26, page                                                               
2, was deleted.                                                                                                                 
MS.   CARPENETI  explained   that  the   acts  described   in  AS                                                               
11.41.455(a)  (1)-  (7) are  similar  to  the acts  described  in                                                               
paragraphs  (A)(B)(C)(D)(E) and  (F).  It clarifies  that it's  a                                                               
violation  for  an adult  to  send  illicit  pictures of  him  or                                                               
herself to another adult or a minor.                                                                                            
CHAIR  FRENCH said  the list  in AS  11.41.455(a) (1)-(7)  is the                                                               
same list they was just enumerated in the bill.                                                                                 
MS. CARPENETI added that there  is no substantive change, but the                                                               
way  Section 455  is  draft now,  one could  argue  that it  only                                                               
applies to depictions of children doing these particular acts.                                                                  
3:28:35 PM                                                                                                                    
CHAIR FRENCH set HB 90 aside.                                                                                                   
           SB  95-COMPETITIVE BIDDING FOR BALLOT PREP                                                                       
3:28:54 PM                                                                                                                    
CHAIR FRENCH  announced the consideration  of SB 95.  [Before the                                                               
committee was CSSB 95(STA).]                                                                                                    
SENATOR  BUNDE, sponsor  of SB  95, said  the bill  was requested                                                               
last fall.  He told  the committee  that the  state does  lots of                                                               
business with  small businesses throughout  Alaska. They  are the                                                               
back bone  of our  economy, he  said. In  doing business  at many                                                               
levels, the state  encourages economic activities and  to get the                                                               
best  product at  the  best price  it  uses competitive  bidding.                                                               
However, competitive bidding does  not apply to printing ballots.                                                               
It doesn't seem  right and it's hard to believe  there could only                                                               
be one printer  in the state. In fact there  are various printing                                                               
businesses  across the  state that  should be  given a  chance at                                                               
this project.                                                                                                                   
3:31:26 PM                                                                                                                    
PATRICK  FOSTER, AG  Publishing and  Printing, said  he has  been                                                               
working in the  print industry in Alaska for nearly  30 years. He                                                               
supports  SB  95  because  he  believes it  is  unfair  that  the                                                               
Division  of Elections  sole-sources  the printing  of the  state                                                               
election ballots  to a  single shop on  the Kenai  Peninsula when                                                               
there  are  many printing  companies  in  Alaska that  are  fully                                                               
capable of printing the ballots.                                                                                                
He explained  that the  State of  Alaska uses  Diebold electronic                                                               
ballot  readers  for the  purpose  of  tallying results  for  its                                                               
statewide  elections. Diebold  requires  printing companies  that                                                               
print  ballots destined  for their  machines to  be certified  by                                                               
them.  At the  time the  state adopted  the use  of these  ballot                                                               
readers  8 years  ago,  no companies  in  Alaska were  certified.                                                               
Shortly thereafter a small Alaska  printing company was certified                                                               
and the Division of Elections  has been handing over the contract                                                               
to that  company ever since -  despite the fact that  a number of                                                               
other  Alaska  printing companies  have  voiced  a desire  to  be                                                               
included in the  process. His company became  a certified Diebold                                                               
printer in  2003. He  understood the  comfort level  the division                                                               
has in working with a printer that  has proven to do a decent job                                                               
and  he  tries  to  give  his customers  that  same  comfort  and                                                               
recently  succeeded  in  a  ballot   printing  contract  for  the                                                               
Municipality of Anchorage. He said  at first the clerk was uneasy                                                               
about  switching printing  companies, but  he has  been told  the                                                               
city is happy  with his product and it has  benefited the city by                                                               
having to pay less for its  ballots. He has been printing ballots                                                               
for them for the last three years.                                                                                              
He thinks  that the  Division of Elections  could develop  a fine                                                               
working  relationship with  any  number of  other printers.  Some                                                               
might think that printing a large  number of ballots is a complex                                                               
process. That is reason enough to  leave things the way they are,                                                               
but nothing  is further  from the truth.  Printing a  few hundred                                                               
thousands ballots  would be daunting  for a small shop,  but they                                                               
would not bid  on this project anyway. Alaska  has many companies                                                               
that are  fully capable of  handling this  volume of work  in the                                                               
time  required  including  handling the  packaging  and  shipping                                                               
MR. FOSTER  said it's  possible the  division could  be concerned                                                               
with putting  the ballots out to  bid each election cycle  and he                                                               
recommended that each  bid be awarded for an  election cycle with                                                               
a performance  option for  other ones.  So it  could go  for four                                                               
years without going  out to bid. He thinks  that opening printing                                                               
of  ballots  up  to  competitive  bid  could  save  the  state  a                                                               
substantial  amount of  money, which  could be  "spread around  a                                                               
little more to other business." The  state would also not have to                                                               
rely on just one printing company for printing its ballots.                                                                     
3:35:59 PM                                                                                                                    
CHAIR  FRENCH  found no  further  questions.  He noted  that  Mr.                                                               
Kendal submitted  a letter for the  bill packet. He asked  if the                                                               
bill would  require that  each election  be competitively  bid or                                                               
could a two-election cycle package be put out to (RFP).                                                                         
SENATOR  BUNDE replied  it's within  the  Division of  Elections'                                                               
purview to develop its own guidelines and process.                                                                              
CHAIR FRENCH commented the process could be broken up by region.                                                                
SENATOR WIELECHOWSKI asked for clarification  of language on page                                                               
3, lines 30-31, that adds a new section.                                                                                        
CHAIR FRENCH  answered that section  is simply the result  of re-                                                               
3:38:02 PM                                                                                                                    
JASON HOOLEY, Special Assistant for  the Office of the Lieutenant                                                               
Governor, said the current bill is a workable solution.                                                                         
CHAIR FRENCH found no further questions or testimony.                                                                           
SENATOR MCGUIRE  motioned to report  CSSB 95(STA)  from committee                                                               
with  individual  recommendations  and attached  fiscal  note(s).                                                               
There being no objection, it was so ordered.                                                                                    
At-ease from 3:39:40 PM to 3:42:26 PM                                                                                       
     CSHB 118(RLS)-PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL                                                                 
CHAIR FRENCH announced the consideration of CSHB 118(RLS).                                                                      
3:42:38 PM                                                                                                                    
MIKE PAWLOWSKI,  staff to Representative Kevin  Meyer, sponsor of                                                               
HB  118, said  this  bill  would give  police  a  tool to  combat                                                               
minors' possession of alcohol in a dwelling.                                                                                    
3:44:30 PM                                                                                                                    
SENATOR MCGUIRE  said it  sounds like  the sponsor  believes that                                                               
parents  can't be  charged for  having alcohol  in the  home with                                                               
MR. PAWLOWSKI explained  that the word "physically"  was added to                                                               
line  5, on  page 1.  The sponsor's  intent is  that a  parent in                                                               
absentia  isn't responsible.  The responsible  person is  the one                                                               
who is  physically in  the dwelling  and exercising  dominion and                                                               
SENATOR MCGUIRE  said she doesn't  disagree with the  policy, but                                                               
in  the past  couple of  years the  government has  been reaching                                                               
farther and farther  into the house. Alaska is  becoming a "nanny                                                               
state". She  asked if it's reckless  if someone is in  a friend's                                                               
house and  a bottle of  wine is in the  wine cabinet that  is not                                                               
3:47:14 PM                                                                                                                    
MR. PAWLOWSKI  responded that issue  had been talked about  a lot                                                               
as the  bill has  worked its  way through  the process.  A reason                                                               
they chose "recklessly" and not  "criminal negligence" is because                                                               
it addresses  aware of and  conscious disregard of the  risk. The                                                               
definition of "recklessly" in AS  04.21.080(3) says the risk must                                                               
be of such  a nature and degree that disregard  of it constitutes                                                               
a gross deviation from the  standard of conduct that a reasonable                                                               
person would observe in the  situation. It affects the person who                                                               
is in possession of the dwelling at the time.                                                                                   
3:48:23 PM                                                                                                                    
CHAIR  FRENCH  said  most  of  the time  the  incident  would  be                                                               
committed by  a teenager whose  parents are out of  town. Chances                                                               
are he  would be cited for  Minor in Possession. Adults  who host                                                               
are a bit  more culpable. He asked why such  an incident wouldn't                                                               
be considered contributing to the delinquency of a minor.                                                                       
3:50:07 PM                                                                                                                    
MR. PAWLOWSKI  replied it should be.  He added that DPS  is often                                                               
more concerned  with insuring  that people  don't drive  and with                                                               
keeping kids  from running  away. The  gathering of  evidence and                                                               
prosecution is  very difficult. The bill  sponsor firmly believes                                                               
that the  over-21 people  who are  throwing parties  for underage                                                               
people  will be  seriously affected  by several  $500 fines  in a                                                               
row. This is a tool for the  police to very easily say, "You have                                                               
this violation and  when we can prove it, we're  going to get you                                                               
for furnishing  as well.  And that's the  kind of  conjunction we                                                               
hope  works  out."  They  often   can't  prove  the  adults  were                                                               
furnishing alcohol.                                                                                                             
SENATOR THERRIAULT  posed a hypothetical situation  where a bunch                                                               
of  neighbors  came for  dinner  and  their 19-year  old  college                                                               
student is  invited to have a  glass of wine with  everybody else                                                               
at the table.  He asked if that  would run afoul of  this law and                                                               
how that  situation would be  differentiated that from  a raucous                                                               
MR. PAWLOWSKI replied the important  part of that example is that                                                               
the  minor's parents  are  accompanying  him and  it's  not in  a                                                               
licensed premises. That  exemption is in AS  04.16.051 which says                                                               
"This section does  not prohibit the furnishing or  deliver of an                                                               
alcoholic  beverage  by a  parent  to  the parent's  child."  The                                                               
sponsor  didn't  want  to  make   the  policy  call  of  parental                                                               
SENATOR  MCGUIRE  remarked   the  bill  is  an   example  of  the                                                               
government  trying to  control  families and  it  will have  many                                                               
unintended  consequences.  She said  she's  aware  of the  mental                                                               
intent of  recklessness, but  is unsure  about the  definition of                                                               
disregarding known risk.                                                                                                        
3:54:51 PM                                                                                                                    
CHAIR FRENCH  announced he  would hold HB  118 for  further work.                                                               
There being no further business  to come before the committee, he                                                               
adjourned the meeting at 3:55:05 PM.                                                                                          

Document Name Date/Time Subjects