04/12/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB318 | |
| SB134 | |
| HB441 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 318 | TELECONFERENCED | |
| += | SB 134 | TELECONFERENCED | |
| + | HB 441 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 12, 2006
8:37 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
CS FOR HOUSE BILL NO. 318(FIN) am
"An Act limiting the exercise of eminent domain."
MOVED SCS CSHB 318(JUD) OUT OF COMMITTEE
SENATE BILL NO. 134
"An Act relating to arrest; relating to investigation standards
for police officers conducting criminal investigations and
violations of those standards."
MOVED CSSB 134(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 441(FIN)
"An Act relating to operating or driving a motor vehicle,
aircraft, or watercraft while under the influence; relating to
court-ordered treatment programs for certain offenders and
offenses; amending Rule 35, Alaska Rules of Criminal Procedure;
and providing for an effective date."
MOVED SCS CSHB 441(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 318
SHORT TITLE: LIMITATION ON EMINENT DOMAIN
SPONSOR(s): REPRESENTATIVE(s) MCGUIRE, HOLM, HAWKER
01/09/06 (H) PREFILE RELEASED 12/30/05
01/09/06 (H) READ THE FIRST TIME - REFERRALS
01/09/06 (H) JUD, FIN
01/11/06 (H) JUD AT 1:00 PM CAPITOL 120
01/11/06 (H) Heard & Held
01/11/06 (H) MINUTE(JUD)
01/25/06 (H) JUD AT 1:00 PM CAPITOL 120
01/25/06 (H) Heard & Held
01/25/06 (H) MINUTE(JUD)
02/01/06 (H) JUD AT 1:00 PM CAPITOL 120
02/01/06 (H) -- Meeting Canceled --
02/03/06 (H) JUD AT 1:00 PM CAPITOL 120
02/03/06 (H) Moved CSHB 318(JUD) Out of Committee
02/03/06 (H) MINUTE(JUD)
02/06/06 (H) JUD RPT CS(JUD) NT 3DP 1NR 2AM
02/06/06 (H) DP: WILSON, ANDERSON, MCGUIRE;
02/06/06 (H) NR: GRUENBERG;
02/06/06 (H) AM: GARA, KOTT
02/09/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/09/06 (H) Moved CSHB 318(FIN) Out of Committee
02/09/06 (H) MINUTE(FIN)
02/10/06 (H) FIN RPT CS(FIN) NT 2DP 3NR 3AM
02/10/06 (H) DP: HAWKER, MEYER;
02/10/06 (H) NR: KERTTULA, JOULE, WEYHRAUCH;
02/10/06 (H) AM: STOLTZE, HOLM, FOSTER
02/21/06 (H) TRANSMITTED TO (S)
02/21/06 (H) VERSION: CSHB 318(FIN) AM
02/22/06 (S) READ THE FIRST TIME - REFERRALS
02/22/06 (S) JUD, FIN
03/02/06 (S) JUD AT 8:30 AM BUTROVICH 205
03/02/06 (S) Heard & Held
03/02/06 (S) MINUTE(JUD)
03/09/06 (S) JUD AT 8:30 AM BUTROVICH 205
03/09/06 (S) Heard & Held
03/09/06 (S) MINUTE(JUD)
03/21/06 (S) JUD AT 8:30 AM BUTROVICH 205
03/21/06 (S) Scheduled But Not Heard
03/22/06 (S) JUD AT 8:30 AM BUTROVICH 205
03/22/06 (S) Heard & Held
03/22/06 (S) MINUTE(JUD)
03/28/06 (S) JUD AT 8:30 AM BUTROVICH 205
03/28/06 (S) Heard & Held
03/28/06 (S) MINUTE(JUD)
03/30/06 (S) JUD AT 8:30 AM BUTROVICH 205
03/30/06 (S) -- Meeting Canceled --
04/04/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/04/06 (S) Heard & Held
04/04/06 (S) MINUTE(JUD)
04/06/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/06/06 (S) Heard & Held
04/06/06 (S) MINUTE(JUD)
04/12/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: SB 134
SHORT TITLE: POLICE INVESTIGATION STANDARDS/ARRESTS
SPONSOR(s): SENATOR(s) BUNDE
03/08/05 (S) READ THE FIRST TIME - REFERRALS
03/08/05 (S) STA, JUD
03/17/05 (S) STA AT 3:30 PM BUTROVICH 205
03/17/05 (S) Heard & Held
03/17/05 (S) MINUTE(STA)
04/05/05 (S) STA AT 3:30 PM BELTZ 211
04/05/05 (S) Moved CSSB 134(STA) Out of Committee
04/05/05 (S) MINUTE(STA)
04/06/05 (S) STA RPT CS 1DP 4NR NEW TITLE
04/06/05 (S) NR: THERRIAULT, ELTON, HUGGINS, DAVIS
04/06/05 (S) DP: WAGONER
04/06/05 (S) FIN REFERRAL ADDED AFTER JUD
04/18/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/18/05 (S) Scheduled But Not Heard
04/12/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 441
SHORT TITLE: THERAPEUTIC COURT FOR DUI
SPONSOR(s): REPRESENTATIVE(s) ROKEBERG
02/10/06 (H) READ THE FIRST TIME - REFERRALS
02/10/06 (H) JUD, FIN
02/24/06 (H) JUD AT 2:00 PM CAPITOL 120
02/24/06 (H) Moved Out of Committee
02/24/06 (H) MINUTE(JUD)
02/27/06 (H) JUD RPT 3DP 2NR
02/27/06 (H) DP: ANDERSON, GRUENBERG, MCGUIRE;
02/27/06 (H) NR: COGHILL, GARA
03/16/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/16/06 (H) Moved CSHB 441(FIN) Out of Committee
03/16/06 (H) MINUTE(FIN)
03/17/06 (H) FIN RPT CS(FIN) NT 9DP 1NR
03/17/06 (H) DP: FOSTER, KELLY, HOLM, MOSES, HAWKER,
JOULE, KERTTULA, MEYER, CHENAULT;
03/17/06 (H) NR: STOLTZE
03/30/06 (H) TRANSMITTED TO (S)
03/30/06 (H) VERSION: CSHB 441(FIN)
03/31/06 (S) READ THE FIRST TIME - REFERRALS
03/31/06 (S) JUD, FIN
04/12/06 (S) JUD AT 8:30 AM BUTROVICH 205
WITNESS REGISTER
Craig Johnson, Legislative Aide
Staff to Representative Lesil McGuire
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 318
Dave Feekin, Realtor
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to HB 318
Senator Con Bunde
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 134
Dean Guaneli, Chief Assistant Attorney General
Criminal Division
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on SB 134
Mary Anne Henry, Director
Office of Victim's Rights
rd
1007 West 3 Ave STE 205
Anchorage, AK 99501
POSITION STATEMENT: Commented on SB 134
Walter Monegan, Chief of Police
Anchorage Police Department
Anchorage, AK 99501
POSITION STATEMENT: Testified in support of SB 134
Representative Norman Rokeberg
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 441
Susan Parkes, Deputy Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Answered questions regarding HB 441
Doug Wooliver, Administrative Attorney
Alaska Court System
Juneau, AK 99801
POSITION STATEMENT: Answered questions regarding HB 441
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:37:09 AM. Present were Senators
Hollis French, Charlie Huggins, and Chair Ralph Seekins.
HB 318-LIMITATION ON EMINENT DOMAIN
8:38:14 AM
CHAIR RALPH SEEKINS announced CSHB 318(FIN) AM to be up for
consideration. The last bill hearing saw extensive amendments
and so the drafters submitted a committee substitute (CS) for
the committee's consideration.
CRAIG JOHNSON, Staff to Representative Lesil McGuire, introduced
the CS. The staff and Peter Putzier from the Department of Law
have reviewed the CS and feel that it appropriately reflects the
intended changes. He advised that there need be one more change
and that was on page 4, line 27 where the committee should
remove the words "prior owner."
SENATOR CHARLIE HUGGINS moved to adopt version C as the working
document before the committee. Hearing no objections, the motion
carried.
SENATOR HUGGINS moved Amendment 1. Page 4 line 27; strike the
words "prior owner." Hearing no objections, Amendment 1 was
adopted.
8:40:17 AM
CHAIR SEEKINS reminded the committee that he had previously
closed public testimony but noting continuing public interest he
opened public testimony on the bill.
8:40:58 AM
Senator Gretchen Guess joined the meeting.
DAVE FEEKIN, Alaska Association of Realtors, testified regarding
the amendment that dealt with municipalities exercising power to
acquire private property for the purpose of transferring title
for economic development. He said the committee has essentially
allowed for the Kelo case to happen [Kelo versus City of New
London].
Eminent domain is a national issue. For example, Florida has
unanimously passed a constitutional amendment dealing with
eminent domain for economic development on all properties
including slums and blighted areas. There are currently 10,000
active cases of private property taking in the nation, which
averages out to 200 per state. Alaska has none. The media has
drawn attention to the point that the issue is now an election
issue, he said. Passing the municipality amendment could
restrict economic development money to blighted areas.
8:44:23 AM
MR. FEEKIN suggested that 50 years from now people would
remember that the Legislature passed this bill.
SENATOR GUESS responded the Kelo case was different because the
city council delegated authority to a non-profit entity and so
it was not an elected body that made the decision. She asked Mr.
Feekin whether the realtors have an opinion about the
legislative language in the bill.
MR. FEEKIN said the discussion among realtors recognized that
the New London city council delegated the authority but they
also approved the action. The issue has gotten beyond the
semantics of how New London did it, he said. The Alaska State
Legislature is a more deliberate body and things don't move as
fast and so the Association would rather see the authority left
at a state level.
SENATOR GUESS said she appreciated the legislative process but
noted that things can get put into a bill at the last minute and
so she disputed his statement that legislative authority is
better than local authority. Both local and legislative
processes have pros and cons in this situation.
8:47:53 AM
MR. FEEKIN countered that eminent domain is not as large an
issue in Alaska as it is in other states. Other states are going
to extremes to protect private property and the Association
believes that since it would take far more deliberative votes to
decide the issue the authority should be left at the state
level, especially noting that the decision would have to pass
both legislative bodies.
SENATOR GUESS said she wanted to make it clear that it is not
possible to determine whether local control or state control
would benefit the community in consideration. It depends on the
particular issue at hand and the politics of the day.
8:51:49 AM
CHAIR SEEKINS said that the committee perused legislation from
other states and noted that they are all different. He surmised
that the discussion would continue and the bill would change
before it reached the Senate floor session.
SENATOR HUGGINS moved SCS CSHB 318(JUD) out of committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
At ease 8:54:32 AM
SB 134-POLICE INVESTIGATION STANDARDS/ARRESTS
8:56:35 AM
CHAIR RALPH SEEKINS announced SB 134 to be up for consideration.
SENATOR CHARLIE HUGGINS moved to adopt version C as the working
document before the committee. Hearing no objections, the motion
carried.
SENATOR CON BUNDE advised that the Office of Victim's Rights
(OVR) supports the committee substitute (CS).
8:58:15 AM
SENATOR BUNDE said with a state as diverse as Alaska and the
challenges of investigation, not all victims are treated with a
high standard of investigation.
The bill was created at the request of the Department of Public
Safety (DPS). The bill would charge the Alaska Police Standards
Council (APSC) with creating standards and protocol for sexual
assault investigations and would require that when an officer is
privy to an admission of guilt that an arrest must be made at
some point during the investigation.
Under current practices, crime victims and the public at large
have no direct method to question the practices of police
investigations or conduct. The bill would work to resolve that
issue by relegating the office of the APSC the ability to take
complaints and resolve issues.
9:03:28 AM
SENATOR GENE THERRIAULT asked Senator Bunde the reason the bill
was tailored to crimes in the first degree since often there are
plea bargains, which reduce the charges.
SENATOR BUNDE advised the plea-bargaining doesn't happen until
after the charge. He wanted the bill to focus on the most
serious crimes.
9:05:20 AM
WALTER MONEGAN, Anchorage Chief of Police, voiced support for SB
134. He said the Department intends to heighten professionalism
during investigations.
SENATOR HOLLIS FRENCH shared Senator Bunde's concern that there
might be many more cases than the public is aware of. He asked
the number of cases that might apply wherein a sex assault has
been investigated but not brought to charges. He said that is
the person he sees who would go to OVR to file a complaint.
MR. MONEGAN said there are about 25 percent that the police
department can do nothing with. That number represents the
percentage of people who don't have much information but feel
the need to report a possible case. He speculated that it was
approximately 100-150 cases a year statewide.
9:10:25 AM
SENATOR BUNDE advised Senator French that the OVR would reserve
the right to review the case to see if it warranted further
investigation.
9:12:51 AM
SENATOR FRENCH voiced support for the bill but questioned the
effective date and that the offense had to have occurred before
July 10, 2003.
SENATOR BUNDE deferred the question to Dean Guaneli from the
Department of Law.
CHAIR SEEKINS asked Senator Bunde to give the committee a brief
summary of the CS.
SENATOR BUNDE said the CS is vastly different than the original
bill. The original bill allowed that the APSC would develop
universal standards and then enforce them. Law enforcement
agencies disagreed with that concept.
CHAIR SEEKINS noted the fiscal notes have all been updated.
9:17:30 AM
MARY ANNE HENRY, Director, Office of Victim's Rights (OVR)
voiced support for the bill but expressed concern regarding
timely investigations. She has doubt that the OVR would garner
the information that the bill sponsor is seeking. The reason is
that the bill limits the OVR to only investigating and keeping
statistics and complaints from a victim. That leaves a lot of
sexual assaults that will be missed. Many victims do not
complain to the OVR.
9:19:43 AM
MS. HENRY advised she has only been working for five weeks but
has seen two cases where the victim did not come to OVR until it
was too late so there was nothing they could do. The woman had
originally advised the troopers about it but failed to follow up
and the troopers admittedly "dropped the ball."
She cited another case where they noticed the investigation
seemed to be taking too long. When she called to check into it
she found out the investigating agency hadn't sent the DNA
sample to the lab and nobody at the lab called looking for it.
She said she feared that if it is only limited to complaints
from a victim that the office would not get the sexual assault
cases the bill sponsor was trying to find. Once a victim has
reported the assault and months go by, they give up and do not
pursue it.
9:22:03 AM
MS. HENRY suggested having a requirement that all law
enforcement agencies fax OVR a cover sheet whenever they take a
rape complaint. The problem with tracking complaints versus
investigations is that her jurisdiction is limited and she is
only allowed to investigate when a victim complains.
9:24:36 AM
SENATOR FRENCH commended Ms. Henry for her work and said he
envisioned a close relationship between OVR and APD. He
suggested the two offices sit down on a quarterly basis and
review the cases that are open and prosecutable.
MS. HENRY agreed that would be possible.
9:27:08 AM
SENATOR FRENCH asked whether the bill would give her the
authority to review police reports and evidence.
MS. HENRY said yes.
SENATOR FRENCH asked whether she thought the effective date was
acceptable. He noted that with new technology the testing of
cold cases via DNA was seeing good results.
MS. HENRY said she wasn't involved in the effective date
discussion.
9:31:58 AM
DEAN GUANELI, Chief Assistant Attorney General, Department of
Law (DOL), explained the changes in the CS. He said although he
appreciated the work on the bill, it wasn't clear that there was
a systemic problem or whether it was the case of a particular
officer needing additional training or whether it was something
else.
9:36:00 AM
MR. GUANELI directed his comments to the question of the
effective date. He said it was a reasonable date to choose to go
back to because it would go back to a point where municipal
agencies are still liable.
9:37:43 AM
The way the CS was drafted takes advantage of OVR's existing
procedures and that means that OVR investigates only the
complaints received from victims. They can request and review
confidential records and work with the necessary agencies to
resolve cases. He said it might be going too far to have law
enforcement agencies reporting to the OVR because victims have a
right to confidentiality even if it is being reported to an
agency of the Legislature, which OVR is. Victim's rights statute
limit how much information police can affirmatively divulge.
9:41:24 AM
MR. GUANELI said the existing procedures work well and he is
comfortable with the CS as it stands. Commissioner Tandeske is
satisfied as well, he said.
9:42:34 AM
CHAIR SEEKINS asked Mr. Guaneli whether investigatory agencies
give out standardized information of service to victims.
MR. GUANELI said yes. The material varies from agency to agency.
CHAIR SEEKINS expressed an interest in reviewing the information
that is provided to victims.
MS. HENRY advised the committee of the pamphlet given to
victims. However it is very complicated and she is working on
making it clearer.
9:46:59 AM
SENATOR GUESS asked how children and mentally disabled people
are handled.
MS. HENRY said the legal guardian or parent generally files the
complaint.
MR. GUANELI reminded the committee that the definition of victim
for a child victim includes the parent.
9:52:48 AM
CHAIR SEEKINS asked Senator Bunde whether he approves of the
bill as it is with the committee substitute.
SENATOR BUNDE said the CS was an adequate compromise.
CHAIR SEEKINS closed public testimony.
SENATOR GUESS moved CSSB 134(JUD) with individual
recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
At ease 9:54:24 AM
HB 441-THERAPEUTIC COURT FOR DUI
9:57:20 AM
CHAIR RALPH SEEKINS announced CSHB 441(FIN) version to be up for
consideration.
SENATOR GENE THERRIAULT moved to adopt version I as the working
document before the committee. Hearing no objections, the motion
carried.
REPRESENTATIVE NORMAN ROKEBERG introduced the bill and explained
that it was a culmination of several years of effort to fund and
organize wellness courts in the State of Alaska. Recently the
Senate Judiciary Committee heard an overview from professionals
around the country of how successful therapeutic courts were and
Alaska should join the trend and get the courts up and running.
10:02:57 AM
SENATOR GRETCHEN GUESS referred to page 3 lines 11-13 and asked
whether she was correct in her understanding that if a person
has been to a therapeutic court more than twice that they can no
longer participate in the program. She asked whether there were
other court ordered programs that occurred in the person's
distant past that would count them out of the wellness court.
REPRESENTATIVE ROKEBERG replied the intent was that if a person
continually "messes up" then they wouldn't be allowed back into
the program.
SENATOR GUESS asked whether it would count if they started the
wellness court and dropped out.
REPRESENTATIVE ROKEBERG replied yes.
10:04:36 AM
SENATOR HOLLIS FRENCH asked the reason that the Anchorage ASAP
program wouldn't count as a court-ordered treatment program.
10:05:49 AM
DOUG WOOLIVER, Administrative Attorney, Alaska Court System,
voiced support for the bill. To answer Senator French's
question, that language refers to a court ordered treatment
program under the new Section 28, which is limited to
therapeutic court. Other failed attempts would not count toward
the limit.
SENATOR FRENCH referred to page 4, subsection (c) and said it
integrates the "no bail for convicts provision." He wanted to
make sure there was no conflict between the two ideas.
MR. WOOLIVER responded there was no conflict because subsection
(c) refers to people who have failed the program.
10:08:30 AM
SENATOR FRENCH said to be clear the person has pled guilty to
the offense and so he was curious as to how they can justify in
this case releasing the defendant to the court-ordered program
and not to the Department of Corrections.
MR. WOOLIVER said this case would be meeting conditions of the
bail because it is the judge-ordered continuation of the
program.
SUSAN PARKES, Deputy Attorney General, Department of Law (DOL),
agreed with Mr. Wooliver in that there was no conflict. The bail
bill that Senator French was referring related to temporary
releases and releasing someone for the purpose of attending a
treatment program would be part of the bail conditions. The
therapeutic court program is not a temporary program. If the
person fails out of the program they would be remanded to new
bail conditions.
10:11:02 AM
MR. WOOLIVER advised the committee that the program was already
underway in many parts of the state and the DOL is currently
developing other models.
SENATOR FRENCH asked whether the bill changed any DUI look-back
provisions.
MR. WOOLIVER said no.
10:14:06 AM
CHAIR SEEKINS closed public testimony.
SENATOR GUESS moved SCS CSHB 441(JUD) from committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 10:17:31 AM.
| Document Name | Date/Time | Subjects |
|---|