Legislature(2005 - 2006)
2005-05-03 Senate Journal
Full Journal pdf2005-05-03 Senate Journal Page 1281 HB 149 The Judiciary Committee considered CS FOR HOUSE BILL NO. 149(FIN) am "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 149(JUD) "An Act relating to controlled substances regarding the crimes of manslaughter and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; relating to the 2005-05-03 Senate Journal Page 1282 listing of property that constitutes an illegal drug manufacturing site; amending Rule 41, Alaska Rules of Criminal Procedure; and providing for an effective date." [Title change authorized by SCR 12 (forthcoming)] and further recommended the adoption of the following Judiciary Committee Letter of Intent: Letter of Intent It is the intent of the Senate in enacting this measure that release before conviction be limited for makers of methamphetamine whose prior conviction put them on notice of the danger of the chemicals involving in its manufacture and the destructive nature of its effect on users. The danger that the defendant poses to the community is one of the factors that the court must consider under AS 12.30.020 for release on bail, and in the case of manufacturing methamphetamine that factor should be the paramount consideration in setting bail. The Senate finds and determines that the illegal manufacturing of methamphetamine of the type that is generally encountered in Alaska subjects anyone within a wide area to the risk of fire, explosion, and toxic chemicals in gaseous, liquid, and solid form. The process of manufacturing methamphetamine presents such a high level of danger to the community, law enforcement, other first responders, and to environmental personnel, that a mandatory minimum cash bail as set out in this bill is necessitated for defendants previously convicted of manufacturing, delivering or possessing methamphetamine. Signing do pass: Senator Seekins, Chair; Senators Guess, Therriault. Signing no recommendation: Senator French. The following fiscal information was published today: Fiscal Note No. 7, Department of Public Safety The following previously published fiscal information applies: Fiscal Note No. 1, zero, Alaska Court System Fiscal Note No. 2, zero, Department of Law Fiscal Note No. 3, indeterminate, Department of Administration Fiscal Note No. 4, indeterminate, Department of Corrections Fiscal Note No. 6, zero, Department of Commerce, Community and Economic Development 2005-05-03 Senate Journal Page 1283 The bill was referred to the Finance Committee.