Legislature(2001 - 2002)
04/17/2002 01:45 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE JUDICIARY COMMITTEE
April 17, 2002
1:45 p.m.
MEMBERS PRESENT
Senator Dave Donley, Vice Chair
Senator John Cowdery
Senator Gene Therriault
MEMBERS ABSENT
Senator Robin Taylor, Chair
Senator Johnny Ellis
COMMITTEE CALENDAR
HOUSE BILL NO. 381
"An Act relating to the crime of failure to stop at the direction
of a peace officer; and providing for an effective date."
MOVED OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 30
Relating to an amendment to the Constitution of the United States
prohibiting desecration of the Flag of the United States.
MOVED OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
HB 381 - No previous action to record.
HJR 30 - See State Affairs minutes dated 4/2/02.
WITNESS REGISTER
Ms. Heather Nobrega
Counsel to the House Judiciary Committee
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of HB 381
Ms. Linda Sylvester
Staff to Representative Kott
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented HJR 30 for the sponsor
ACTION NARRATIVE
TAPE 02-18, SIDE A
Number 001
VICE-CHAIRMAN DAVE DONLEY called the Senate Judiciary Committee
meeting to order at 1:45 p.m. Senators Therriault, Cowdery and
Donley were present. The committee took up HB 381.
HB 381-FAILURE TO STOP FOR PEACE OFFICER
MS. HEATHER NOBREGA, counsel to the House Judiciary Committee,
explained to members that the legislature amended state law in
1998 to address the problem of purposely attempting to elude a
police officer. That amendment raised the crime of committing a
moving traffic violation and failing to stop for a police officer
to a felony. Since that time, the number of cases involving this
crime have risen dramatically. The purpose of HB 381 is to
clarify the intent of the 1998 legislation. The law will be
changed to read that when a driver is driving recklessly and
fails to stop at the direction of a peace officer, the crime
rises to a felony. For any other driving violation, the crime
would be a misdemeanor.
SENATOR COWDERY asked who would determine that the driver was
driving recklessly.
MS. NOBREGA said the officer who is trying to stop the vehicle
would make that determination.
SENATOR COWDERY moved HB 381 to the next committee of referral.
SENATOR THERRIAULT objected for the purpose of one question. He
asked how this issue was brought to Representative Rokeberg's
attention.
MS. NOBREGA said she did not know who brought this to Chairman
Rokeberg's attention. However, a representative of the Department
of Public Safety testified in the House Judiciary Committee and
said the current law is being abused by police officers, for
example, who are considering a driving violation to be a broken
tail light. She noted the Department of Public Safety had no
problems with this bill.
SENATOR THERRIAULT withdrew his objection.
VICE-CHAIR DONLEY asked for clarification of the statement on the
fiscal note that reads, "Failure to stop while violating a
traffic law or committing another crime will do."
MS. NOBREGA said she was not sure what the Department of Law
meant. She noted the bill should have a positive fiscal impact as
it should result in fewer felony trials.
SENATOR THERRIAULT asked if the bill has a further referral.
MS. NOBREGA said it does not.
VICE-CHAIR DONLEY said that without further objection, HB 381 was
moved out of committee.
HJR 30-DESECRATION OF U.S. FLAG
MS. LINDA SYLVESTER, staff to Representative Pete Kott, sponsor
of HJR 30, told the committee that HJR 30 asks Congress to
present a constitutional amendment to the states that authorizes
Congress to prohibit the physical desecration of the American
flag. The resolution supports two measures in Congress: one, HJR
36, is successfully moving through Congress. HJR 36 passed the
House of Representatives in July, 2001 with a vote of 298 to 125.
However, it is now one of the resolutions affectionately referred
to as the "Daschle 50" and has been held up in the Senate. In
1989, the Supreme Court overturned the final effort to outlaw or
restrict desecration of the American flag. That action set in
motion a successful grassroots campaign. No other issue on
Capitol Hill has the endorsement of 80 percent of the American
people, the overwhelming majority of the U.S. House and Senate,
and 100 percent of state legislatures. Every state has passed a
resolution since 1989, including Alaska, requesting Congress to
initiate a constitutional amendment for ratification by the
states. HJR 30 asks the U.S. Senate to yield to the will of the
people and send the proposed flag amendment to the states for
ratification.
There being no further testimony or questions, SENATOR COWDERY
moved HJR 30 and its fiscal note to the next committee of
referral.
VICE-CHAIR DONLEY announced that without objection, the motion
carried. There being no further business to come before the
committee, he adjourned the meeting at 1:55 p.m.
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