HOUSE FINANCE COMMITTEE April 25, 1994 3:30 P.M. TAPE HFC 94 - 141, Side 2, #000 - end. TAPE HFC 94 - 142, Side 1, #000 - #265. CALL TO ORDER Co-Chair Larson called the House Finance Committee meeting to order at 3:30 P.M. PRESENT Co-Chair Larson Representative Hoffman Co-Chair MacLean Representative Martin Vice-Chair Hanley Representative Navarre Representative Brown Representative Parnell Representative Grussendorf Representative Therriault Representative Foster was not present for the meeting. ALSO PRESENT Margo Knuth, Assistant Attorney General, Criminal Division, Department of Law. SUMMARY SB 24 An Act extending the maximum period of probation after conviction. SB 24 was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Corrections dated 3/02/94 and zero fiscal notes by the Department of Public Safety dated 3/02/94 and the Alaska Court System dated 3/02/94. SB 350 An Act relating to a defendant's violation of conditions of release; and providing for an effective date. SB 350 was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Department of Corrections dated 3/09/94 and zero fiscal notes by the Department of Law dated 3/09/94, the Department of Public Safety dated 3/09/94 and the Department of Administration dated 3/09/94. 1 SB 351 An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings. SB 351 was reported out of Committee with a "do pass" recommendation and with zero fiscal notes by the Department of Law dated 3/09/94, the Department of Public Safety dated 3/09/94 and the Department of Administration dated 3/09/94. HJR 65 Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund. HJR 65 was reported out of Committee with a "do pass" recommendation and with a zero fiscal note by the Office of the Governor. SENATE BILL 350 "An Act relating to a defendant's violation of conditions of release; and providing for an effective date." Representative Brown asked which crimes and circumstances would give police the ability to make warrantless arrests. Co-Chair MacLean replied that the bill would give police that authority when an offender had been convicted of stalking, assault, sexual assault or other domestic violence crimes and in the act of violating the terms of release by hassling a victim. MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, clarified that the warrantless arrests could be made for a violation of bail conditions. Currently, the police have the authority to make arrests without a warrant for all felonies and for certain misdemeanors particularly domestic violence and certain assault. She continued that the legislation would allow a warrantless arrest for the violation of bail conditions in those same cases. Co-Chair MacLean MOVED to report SB 350 out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTIONS, it was so ordered. SB 350 was reported out of Committee with a "do pass" recommendation and with a fiscal note by he Department of Corrections dated 3/09/94, and the zero fiscal notes by the Department of Law dated 3/09/94, the Department of Public Safety dated 3/09/94 and the Department of Administration 2 dated 3/09/94. SENATE BILL 351 "An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings." Ms. Knuth explained SB 351 would seek to help solve sexual abuse problems. The legislation would amend the rules of evidence so that victims would not be "put on trial" by the accused rapist. The proposed legislation would delete the unnecessary language in Rule 404 that has made it difficult to prosecute repeat child molesters. As the rule currently reads, it has been interpreted by some judges to indicate that the jury could learn that an accused molester had abused other children only if the court finds that it was part of a very specific "common scheme or plan". The bill would address that problem by simply eliminating that phrase. Representative Navarre MOVED to report SB 350 out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTIONS, it was so ordered. SB 350 was reported out of Committee with a "do pass" recommendations and with zero fiscal notes by the Department of Law dated 3/09/94, the Department of Public Safety dated 3/09/94 and the Department of Administration dated 3/09/94. SENATE BILL 24 "An Act extending the maximum period of probation after conviction." Ms. Knuth advised that SB 24 would extend the maximum period of probation after conviction from five to ten years. She added that the legislation would give law enforcement officials an effective tool for keeping track of criminals and preventing recidivism after they have left the state prison system. Discussion followed among Committee members regarding the fiscal impact to the Department of Corrections. Representative Hanley MOVED to report SB 24 out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTIONS, it was so ordered. SB 24 was reported out of Committee with "no 3 recommendations" and with a fiscal note by the Department of Corrections dated 3/02/94 and zero fiscal notes by the Department of Public Safety dated 3/02/94, the Alaska Court System dated 3/02/94 and the Department of Law dated 3/02/94. HOUSE JOINT RESOLUTION 65 Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund. Co-Chair MacLean MOVED to report HJR 65 out of Committee with individual recommendations and with the accompanying fiscal note. Representative Martin OBJECTED. Representative Therriault advised that the recent court case have showed that certain portions of what is available for appropriation is not clear. Representative Martin thought that the legislation would tie the Legislature's hand and force other options for using the permanent fund dividend earnings first. He stressed that Section 17 was not supported by State citizens. Representative Navarre noted that the Committee had not given the amendment enough scrutiny. Co-Chair Larson replied that there were three provisions addressed by the legislation: 1. What is available for appropriations and under what conditions there would be a 2/3 vote or a 3/4 vote required; 2. The 3/4 vote requirement; and 3. The payback simplified by a 3/4 vote and elimination of those complications. (Tape Change, HFC 94-142, Side 1). A roll call vote was taken on the MOTION to move the bill from Committee. IN FAVOR: Brown, Grussendorf, Hanley, Parnell, Larson, MacLean. OPPOSED: Hoffman, Martin, Navarre, Therriault. Representative Foster was not present for the vote. The MOTION PASSED (6-4). HJR 65 was reported out of Committee with a "no recommendation" and with a fiscal note by the Office of the Governor. 4 ADJOURNMENT The meeting adjourned at 4:25 P.M. HOUSE FINANCE COMMITTEE April 25, 1994 3:30 P.M. TAPE HFC 94 - 141, Side 2, #000 - end. TAPE HFC 94 - 142, Side 1, #000 - #265. CALL TO ORDER Co-Chair Larson called the House Finance Committee meeting to order at 3:30 P.M. PRESENT Co-Chair Larson Representative Hoffman Co-Chair MacLean Representative Martin Vice-Chair Hanley Representative Navarre Representative Brown Representative Parnell Representative Grussendorf Representative Therriault Representative Foster was not present for the meeting. ALSO PRESENT Margo Knuth, Assistant Attorney General, Criminal Division, Department of Law. SUMMARY SB 24 An Act extending the maximum period of probation after conviction. SB 24 was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Corrections dated 3/02/94 and zero fiscal notes by the Department of Public Safety dated 3/02/94 and the Alaska Court System dated 3/02/94. SB 350 An Act relating to a defendant's violation of conditions of release; and providing for an effective date. SB 350 was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Department of Corrections dated 3/09/94 and zero fiscal notes by the Department of Law dated 3/09/94, the Department of Public Safety dated 5 3/09/94 and the Department of Administration dated 3/09/94. SB 351 An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings. SB 351 was reported out of Committee with a "do pass" recommendation and with zero fiscal notes by the Department of Law dated 3/09/94, the Department of Public Safety dated 3/09/94 and the Department of Administration dated 3/09/94. HJR 65 Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund. HJR 65 was reported out of Committee with a "do pass" recommendation and with a zero fiscal note by the Office of the Governor. SENATE BILL 350 "An Act relating to a defendant's violation of conditions of release; and providing for an effective date." Representative Brown asked which crimes and circumstances would give police the ability to make warrantless arrests. Co-Chair MacLean replied that the bill would give police that authority when an offender had been convicted of stalking, assault, sexual assault or other domestic violence crimes and in the act of violating the terms of release by hassling a victim. MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, clarified that the warrantless arrests could be made for a violation of bail conditions. Currently, the police have the authority to make arrests without a warrant for all felonies and for certain misdemeanors particularly domestic violence and certain assault. She continued that the legislation would allow a warrantless arrest for the violation of bail conditions in those same cases. Co-Chair MacLean MOVED to report SB 350 out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTIONS, it was so ordered. SB 350 was reported out of Committee with a "do pass" recommendation and with a fiscal note by he Department of 6 Corrections dated 3/09/94, and the zero fiscal notes by the Department of Law dated 3/09/94, the Department of Public Safety dated 3/09/94 and the Department of Administration dated 3/09/94. SENATE BILL 351 "An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings." Ms. Knuth explained SB 351 would seek to help solve sexual abuse problems. The legislation would amend the rules of evidence so that victims would not be "put on trial" by the accused rapist. The proposed legislation would delete the unnecessary language in Rule 404 that has made it difficult to prosecute repeat child molesters. As the rule currently reads, it has been interpreted by some judges to indicate that the jury could learn that an accused molester had abused other children only if the court finds that it was part of a very specific "common scheme or plan". The bill would address that problem by simply eliminating that phrase. Representative Navarre MOVED to report SB 350 out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTIONS, it was so ordered. SB 350 was reported out of Committee with a "do pass" recommendations and with zero fiscal notes by the Department of Law dated 3/09/94, the Department of Public Safety dated 3/09/94 and the Department of Administration dated 3/09/94. SENATE BILL 24 "An Act extending the maximum period of probation after conviction." Ms. Knuth advised that SB 24 would extend the maximum period of probation after conviction from five to ten years. She added that the legislation would give law enforcement officials an effective tool for keeping track of criminals and preventing recidivism after they have left the state prison system. Discussion followed among Committee members regarding the fiscal impact to the Department of Corrections. Representative Hanley MOVED to report SB 24 out of Committee with individual recommendations and with the accompanying 7 fiscal notes. There being NO OBJECTIONS, it was so ordered. SB 24 was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Corrections dated 3/02/94 and zero fiscal notes by the Department of Public Safety dated 3/02/94, the Alaska Court System dated 3/02/94 and the Department of Law dated 3/02/94. HOUSE JOINT RESOLUTION 65 Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund. Co-Chair MacLean MOVED to report HJR 65 out of Committee with individual recommendations and with the accompanying fiscal note. Representative Martin OBJECTED. Representative Therriault advised that the recent court case have showed that certain portions of what is available for appropriation is not clear. Representative Martin thought that the legislation would tie the Legislature's hand and force other options for using the permanent fund dividend earnings first. He stressed that Section 17 was not supported by State citizens. Representative Navarre noted that the Committee had not given the amendment enough scrutiny. Co-Chair Larson replied that there were three provisions addressed by the legislation: 1. What is available for appropriations and under what conditions there would be a 2/3 vote or a 3/4 vote required; 2. The 3/4 vote requirement; and 3. The payback simplified by a 3/4 vote and elimination of those complications. (Tape Change, HFC 94-142, Side 1). A roll call vote was taken on the MOTION to move the bill from Committee. IN FAVOR: Brown, Grussendorf, Hanley, Parnell, Larson, MacLean. OPPOSED: Hoffman, Martin, Navarre, Therriault. Representative Foster was not present for the vote. The MOTION PASSED (6-4). HJR 65 was reported out of Committee with a "no 8 recommendation" and with a fiscal note by the Office of the Governor. ADJOURNMENT The meeting adjourned at 4:25 P.M. 9