05/11/2007 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB90 | |
| HB217 | |
| HB118 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| HB 217 | |||
| + | TELECONFERENCED | ||
| = | HB 90 | ||
| = | HB 118 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
May 11, 2007
1:47 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski
Senator Lesil McGuire
Senator Gene Therriault
MEMBERS ABSENT
Senator Charlie Huggins, Vice Chair
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."
MOVED SCS CSHB 90(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 217(JUD)
"An Act relating to required onboard disclosures about
promotions, tours, flightseeing operations, other shoreside
activities, shoreside vendors, and visitors bureaus; and
providing for an effective date."
MOVED CSHB 217(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 118(RLS)
"An Act relating to underage possession of alcoholic beverages
in a dwelling."
MOVED SCS CSHB 118(JUD) OUT OF COMMITTEE
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
05/09/07 (S) Heard & Held
05/09/07 (S) MINUTE(JUD)
BILL: HB 217
SHORT TITLE: TOURISM DISCLOSURES AND NOTICES
SPONSOR(s): REPRESENTATIVE(s) HOLMES
03/22/07 (H) READ THE FIRST TIME - REFERRALS
03/22/07 (H) EDT, JUD
04/03/07 (H) EDT AT 5:30 PM CAPITOL 106
04/03/07 (H) Heard & Held
04/03/07 (H) MINUTE(EDT)
04/10/07 (H) EDT AT 5:00 PM BARNES 124
04/10/07 (H) Heard & Held
04/10/07 (H) MINUTE(EDT)
04/17/07 (H) EDT AT 5:00 PM BARNES 124
04/17/07 (H) Moved CSHB 217(EDT) Out of Committee
04/17/07 (H) MINUTE(EDT)
04/18/07 (H) EDT RPT CS(EDT) NT 4NR 2AM
04/18/07 (H) NR: JOHANSEN, LYNN, DOLL, NEUMAN
04/18/07 (H) AM: GATTO, KOHRING
04/25/07 (H) JUD AT 1:00 PM CAPITOL 120
04/25/07 (H) Moved CSHB 217(JUD) Out of Committee
04/25/07 (H) MINUTE(JUD)
04/26/07 (H) JUD RPT CS(JUD) NT 3DP 3NR
04/26/07 (H) DP: GRUENBERG, RAMRAS, HOLMES
04/26/07 (H) NR: LYNN, COGHILL, DAHLSTROM
05/08/07 (H) TRANSMITTED TO (S)
05/08/07 (H) VERSION: CSHB 217(JUD)
05/08/07 (S) L&C AT 1:30 PM BELTZ 211
05/08/07 (S) Scheduled But Not Heard
05/09/07 (S) READ THE FIRST TIME - REFERRALS
05/09/07 (S) JUD
05/11/07 (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,
JOHNSON
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
05/09/07 (S) Heard & Held
05/09/07 (S) MINUTE(JUD)
WITNESS REGISTER
RICHARD SVOBODNY, Deputy Attorney General
Criminal Division
Department of Law (DOL)
POSITION STATEMENT: Commented on HB 90.
LAUREN RICE, Legislative Liaison
Department of Public Safety (DPS)
POSITION STATEMENT: Commented on fiscal issues in HB 90.
DAVID SHADE, Director
Division of Statewide Services
Department of Public Safety (DPS)
POSITION STATEMENT: Explained the fiscal note on HB 90.
REPRESENTATIVE LINDSEY HOLMES
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 217.
JAMES WALDO
Staff for Representative Holmes
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Explained HB 217 for the sponsor.
TIM MCDONNELL
Temsco Helicopters
Juneau AK
POSITION STATEMENT: Supported HB 217.
BOB JANES, Owner
Gastineau Guiding
Juneau AK
POSITION STATEMENT: Supported HB 217.
JEREMY KEIZER, President
Alaska Travel Industry Association - Juneau Chapter
Juneau AK
POSITION STATEMENT: Supported HB 217.
HOLLY BURKHOLDER
Juneau AK
POSITION STATEMENT: Supported HB 217.
KAREN HESS, Chilkat River Adventures
Haines AK
POSITION STATEMENT: Supported HB 217.
STEVE HITES, Owner
Skagway Streetcar Company
Skagway AK
POSITION STATEMENT: Said HB 217 is the lesser of two evils so he
supported passing it.
MIKE PAWLOWSKI
Staff to Representative Kevin Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 118 for the sponsor.
ACTION NARRATIVE
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:47:17 PM. Present at the call to
order were and Senators McGuire, Wielechowski and Chair French.
CSHB 90(FIN) - CRIMES/CRIM PROCEDURE/SENTENCING
1:47:31 PM
CHAIR FRENCH announced the consideration of CSHB 90(FIN). He
said an SCS incorporates a number of other provisions.
SENATOR WIELECHOWSKI moved to adopt SCS CSHB 90(JUD), version V.
There were no objections and it was adopted.
CHAIR FRENCH explained that sections 1-3 (of version V) are the
elements of HB 14. The thrust of the provisions are to put a
little more downward pressure on those who commit crimes
involving alcohol, get on probation and then go back into the
public. The idea is to put a mark on their I.D.s to let liquor
store and tavern owners know this person is on probation. It's
one more brick in the wall of trying to keep problem drinkers
away from law abiding citizens. He asked if there were questions
about these provisions and noted there were none.
1:49:22 PM
CHAIR FRENCH moved on to section 4 that he said is a carryover
from the original bill. Section 5 comes from SB 5 and those
provisions relate to the duty to report a crime that is being
committed. It goes by the name of "Kiva's Law" and is covered in
sections 5, 6, 7, 8, and 9. Sections 10-11 come from the
original HB 90. Sections 12-21 are from Senator Dyson who wanted
to strengthen laws on prostitution and in particular child
prostitution. He saw no questions about those provisions.
He continued to explain that sections 23-24 are from the
original HB 90. Section 25 goes back to SB 157, the promoting
prostitution bill. Section 26 is from the original HB 90.
Section 27 is from SB 157. Sections 28-29 come from HB 90.
Sections 30-34 come from HB 14, the alcohol I.D. bill. Section
35 is from HB 90.
CHAIR FRENCH said that section 36 relates to the DNA provisions
that are on behalf of Karen Foster and many of the citizens
across the state who are particularly interested in them. He
asked Mr. Svobodny to comment on whether "arrested" on page 20,
line 8, was a workable point at which to ask the police or other
corrections individuals to grab a DNA buchal swab from suspects
and how would it work in Anchorage as well as other parts of the
state.
1:52:49 PM
RICHARD SVOBODNY, Deputy Attorney General, Criminal Division,
Department of Law (DOL), answered that Anchorage is different
from the rest of the state because it has 24-hour committing
magistrates. So, if someone is arrested there, they are brought
before a magistrate and bail is set. Then they are transferred
to jail where the booking process takes place - where they would
be finger printed, identified by photograph and a thorough
records check occurs. In Anchorage, that is where a correctional
officer or other officer who had brought the person to the jail
would take a mouth swab from inside the person's cheek and
appropriately identify, package and label it.
The rest of the state doesn't have 24-hour committing
magistrates. If someone is arrested for an offense they are
brought to the local jail where that same process happens, but
it's within 24 hours of the arrest that they are brought before
a court.
He said DPS is concerned because the bill doesn't cover all the
times when a juvenile might be detained, because they may be
detained by a police officer and released to their parent or
brought to some kind of juvenile detention facility. A majority
of those cases don't go through the formal court process. He
clarified that while the language in this bill doesn't cover
arrested juveniles, but it does cover juveniles who have been
adjudicated under certain circumstances.
He said the DPS is concerned both from a financial point of view
and an evidence collection point of view in terms of how that
would be done. With an arrest a whole system is in place.
SENATOR WIELECHOWSKI stated that it is not his intent that this
bill apply to minors.
1:56:54 PM
SENATOR THERRIAULT joined the meeting.
SENATOR McGUIRE referred to page 20, line 8, and asked if they
could insert language saying the person who is arrested is not a
minor.
MR. SVOBODNY replied that it would make it clear, but he didn't
think it was necessary. The issue has legislative history and he
had told the DPS, given this language, he would write an opinion
that it doesn't include juveniles. The department is just being
conservative and letting the legislature know their thoughts.
1:58:17 PM
CHAIR FRENCH noted that they were discussing whether language on
lines 8-10 on page 20 included minors and it seems that there is
universal acclamation that it's not intended to include taking
buchal swabs from minors.
MR. SVOBODNY clarified "Not at the time of arrest. Existing law
allows for it at certain times."
CHAIR FRENCH said that sections 7, 38, and 39 also related to
DNA samples.
SENATOR WIELECHOWSKI pointed out that language in section 39
changed from the earlier version.
At ease from 1:59:03 PM to 2:03:27 PM.
SENATOR WIELECHOWSKI said section 38 on page 21 is new to
version V and was incorporated through the drafting process. All
it does on line 14 is changes (b)(1)(5) to (b)(1)(6). The change
is in section 39 on line 16 where "after the department shall
make every reasonable effort" was added. A number of concerns
were voiced that the 90 days requirement was too stringent
because you could have a technician who is in Barrow on a trial
or someone who is sick for instance. It potentially exposes the
state to liability and so this provides a small way out for the
state.
CHAIR FRENCH noted there was no discussion on section 39. He
said that section 22 incorporates the kidnapping statute of
limitations fix that was requested by the Bonnie Craig folks. He
also stated that they had been working very closely with
drafting folks and the DOL to make certain it was cohesive and
consistent.
SENATOR McGUIRE added that the fiscal note would reflect the
position of a criminalist, as well.
SENATOR WIELECHOWSKI said he had no objection to that, but he
haven't talked to DPS about it.
2:06:04 PM
LAUREN RICE, Legislative Liaison, Department of Public Safety
(DPS) responded that their new fiscal note would have four new
positions for the crime lab.
2:06:36 PM
DAVID SHADE, Director, Division of Statewide Services,
Department of Public Safety (DPS), said he has added a full time
CODIS (Combined DNA Index System) manager position, two
Criminalist II technicians and a forensic technician. So, he
feels there will be enough tracking of the samples coming in.
The samples that come back out will require full-time
administration. The two criminalist II technicians will actually
be doing the analysis and the forensic technician will be
physically receiving the samples, making sure they are ready to
go into the laboratory information system (LIM). He would also
be responsible for pulling those samples out and following the
court order to destroy them. All four positions will be
reflected in their fiscal note.
CHAIR FRENCH found no further testimony and closed the public
hearing on HB 90.
SENATOR THERRIAULT asked if new money was being budgeted for the
positions or were they otherwise budgeted into the process
somewhere.
MR. SHADE answered that these positions are not budgeted
currently. They would need new funding.
SENATOR THERRIAULT commented that before the conference
committee closes out, they have to make sure the adjustment is
made to the fiscal note.
CHAIR FRENCH said that was his responsibility.
SENATOR McGUIRE encouraged Mr. Shade to use the existing $1
million grant to fund those positions.
MR. SHADE responded that of the two DNA grants they have
currently one is a DNA backlog reduction grant and the other is
a capacity building grant. The money for personal services would
allow overtime for overtime-eligible employees, but does not
allow him to hire a new employee.
SENATOR McGUIRE encouraged him to use that money for overtime.
2:10:08 PM
SENATOR WIELECHOWSKI pointed out that language on page 22, line
16, has a different effective date for DNA processing (section
39). Testimony from DPS indicated that it wasn't possible to
have a 90-day effective date because they have to hire people
and the training takes six months. The person then has to work
under someone for another six months.
CHAIR FRENCH responded that they may as well recognize reality
in their effective dates.
SENATOR McGUIRE moved to report SCS CSHB 90(JUD), version V,
from committee with individual recommendations and attached
fiscal note(s). There were no objections and it was so ordered.
CHAIR FRENCH noted that SCR 9 goes with the bill to change the
title.
SENATOR MCGUIRE moved to adopt SCR 9. There were no objections
and it was so ordered.
At ease from 2:12:02 PM to 2:14:21 PM.
CSHB 217(JUD)-TOURISM DISCLOSURES AND NOTICES
2:14:27 PM
CHAIR FRENCH announced the consideration of CSHB 217(JUD).
REPRESENTATIVE LINDSEY HOLMES, sponsor of HB 217, said her staff
member would present the bill.
2:14:52 PM
JAMES WALDO, staff for Representative Holmes, explained that HB
217 attempts to correct an error that occurred in ballot 2
language. It breaks down into three parts; the first part adds
some disclosure requirements that were not in the initiative
language. Second it changes one disclosure requirement that was
in the initiative language and third, it applies those
requirements to shore side retailers in addition to onboard tour
sales. At the very end, it increases penalties for violators of
this law.
He explained that section 2 adds the new disclosure requirement
by requiring any sale of an onboard tour to be cast in the
proper light. It lets people know that there is a
retail/wholesale relationship between the cruise line and the
shoreside tour vendor so they know some of the money they are
paying for the ticket is actually staying with the cruise line.
Next he said it requires the cruise lines to inform passengers
that there are other options at a port of call that would have
different features and perhaps different prices - basically
allowing them to understand that there is a whole world of other
options out there other than just the five that might be
promoted on the ship. So that they can seek out those other
options, he said, it next requires the cruise line to provide
the contact information at the future port of call which will
have all of the contact information in a listing of all the tour
vendors.
MR. WALDO explained it also changes disclosure of the exact
commission rate, which is what that language in the initiative
said, to disclosure if the commission is over a 20 percent
threshold. The idea behind this is to basically let the consumer
know he is paying a commission over a certain level.
Beyond those changes, he said, it applies this language to shore
side retailers, as well - like Diamonds International that pays
a great deal of money to be advertised on the ships. He
explained that many Alaskan businesses aren't advertised on the
ships. This issue was left out of the ballot measure.
Finally, Mr. Waldo said, the bill corrects the penalty
provision, because the initiative classified it as an unfair
trade practice, but capped the maximum penalty at $100. However,
the usual penalty for an unfair trade practice is $1,000-
$25,000.
2:20:18 PM
TIM MCDONNELL, Temsco Helicopters, Juneau AK, supported HB 217.
BOB JANES, Owner, Gastineau Guiding, Juneau AK, supported HB
217.
JEREMY KEIZER, President, Alaska Travel Industry Association
Juneau Chapter, supported HB 217. He said that while ATIA wanted
no disclosure requirements, this bill strikes a mutually
beneficial arrangement with the initiative sponsors and the
stakeholders and it is as close to the top floor as they could
get.
2:22:39 PM
HOLLY BURKHOLDER, Juneau AK, supported HB 217.
2:23:00 PM
KAREN HESS, Chilkat River Adventures, Haines AK, supported HB
217.
STEVE HITES, Skagway Streetcar Company, said HB 217 is the
lesser of two evils so he supported passing it. He said the
relationship between the cruise line and the tour operator is a
simple retail wholesale one. He strongly felt that any reference
in section (b) to commission or percentage should be struck from
this bill. He said no other retail store in America has to
reveal its mark up or even have it assumed. He expressed his
sentiment thus:
To have an arbitrary 20 percent figure inserted in the
bill there is absolutely incorrect. It's wrong.
Private enterprise is exactly that. It is private and
to disclose inaccurately my private business
agreements with my customer puts me at a disadvantage.
This disclosure discriminates against one retail
business - the cruise line shore excursion sales desk.
And it discriminates against the local Alaska
wholesale businesses that sell shore excursions to the
cruise lines. It is unconstitutional and violates our
rights....
CHAIR FRENCH thanked him for his good comments. He asked the
sponsor about language on page 1, line 9 and page 2, line 9 that
referenced oral disclosures to individuals buying excursions
onboard the cruise ships. He wanted to hear about the debate
that occurred and the position of the initiative sponsor with
deleting this disclosure.
REPRESENTATIVE HOLMES responded that this change was made in the
House Judiciary Committee. The discussion was that originally
disclosure was required both orally and in writing on the theory
that these packages were presented by a person who would also be
there to explain it. But then it was explained that on a lot of
occasions this information is actually slipped under the
passengers doors or left on a table in their cabins. So it seems
to require oral disclosure was not appropriate. They decided
that by requiring all disclosures to be made in writing would
make it easier to prove whether it was or wasn't happening
anyway.
CHAIR FRENCH asked the position of the initiative sponsors.
REPRESENTATIVE HOLMES replied that they had not voiced any
objections to her about this. One of them testified in favor of
the bill as it stands now and the other sponsor wrote a letter
of support.
2:29:26 PM
SENATOR McGUIRE moved to report CSHB 217(JUD), version N, from
committee with individual recommendations and attached zero
fiscal note(s). There were no objections and it was so ordered.
At ease from 2:30:02 PM to 2:32:30 PM
CSHB 118(RLS)-PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL
2:32:36 PM
CHAIR FRENCH announced the consideration of CSHB 118(RLS).
MIKE PAWLOWSKI, Aide to Representative Kevin Meyer, sponsor of
HB 118, said he was asked to add that the Department of Public
Safety (DPS) likes this bill.
SENATOR McGUIRE asked if there has been any discussion about
changing the mental intent to "intentionally" permit a person.
She would feel better about the bill if it was an intentional
mental state.
MR. PAWLOWSKI responded that was discussed at length. One of the
first points was that "intentional" isn't a mental state that is
included in Title 4, which says it's "knowingly criminal
negligence and recklessly." They went with "recklessly" largely
because the issue the police are confronted with is trying to
prove "knowingly" when it comes to furnishing a standard of
proof they can't do when they show up at these parties.
As to the gun discussion, within the definition of "recklessly"
is the idea that the unjustifiable risk has to be a gross
deviation from the standard that a reasonable person would
pursue. They felt comfortable that "recklessly" wasn't bringing
in the type of thing she was talking about like locked gun or
liquor cabinets. "Furnishing" is an action that is very
difficult to prove, he said.
2:36:27 PM
SENATOR THERRIAULT asked if "physically in possession" and
"exercising domain" actually means the person is there.
CHAIR FRENCH replied that's what he thought it meant. The child
of the parent who owns the house is the one who probably gets
busted. If a party is taking place at a construction site or a
house being constructed he didn't know who would be exercising
control, but other statutes could catch those. This is a problem
because house parties where kids go to drink take place with
great regularity and someone is letting them in and someone is
letting it go on. So he understood the impulse behind the bill.
2:38:05 PM
SENATOR WIELECHOWSKI asked if this bill means he wouldn't be
liable if he was away on a camping trip and his son or daughter
had a party at his house.
CHAIR FRENCH replied that his hypothetical daughter would get
the ticket.
MR. PAWLOWSKI added that the sponsor specifically asked for a
Rules Committee hearing in the other body to make some
clarifying changes. The previous version didn't have
"physically" on line 5; also following "possession" "or" was
changed to "and". The conscious change in going from "physical"
and inserting "and" is that you have to physically be there and
exercising dominion and control specifically to get to what the
chairman was describing as a circumstance.
SENATOR McGUIRE said this is just the place where there is a
philosophical divide - your family, your home, the way you live
your life is private and there is nothing in law right now that
prohibits a police officer from coming to a house party and
making a significant scene. She didn't know that this would be
more constructive than what exists now.
Another concern she had was if they drop to "recklessly" here,
they still have "furnishing at knowingly" and that creates an
odd staggering in the statutes. She posed a hypothetical
situation in which kids sneak friends into a large house and
parents are in the house somewhere thinking the kids are in bed.
She said teenagers are teenagers; they are who they are. It's an
age requiring a lot of patience for everyone. She said maybe one
has a teenager who has a propensity for trouble for instance; to
her that would be a known risk.
2:41:32 PM
CHAIR FRENCH asked Senator McGuire if she was offering an
amendment.
2:41:51 PM
SENATOR McGUIRE moved to insert "knowingly" after "not" on page
1, line 6.
CHAIR FRENCH found no objection and Amendment 1 was adopted.
SENATOR McGUIRE moved to report SCS CSHB 118(JUD) from committee
with individual recommendations and attached fiscal note(s).
There were no objections and it was so ordered.
There being no further business to come before the committee,
Chair French adjourned the meeting at 2:42:49 PM.
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