Legislature(2015 - 2016)CAPITOL 120
04/01/2015 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB11 | |
| HB147 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 11 | TELECONFERENCED | |
| + | HB 147 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 11-NO INTERNET ACCESS TO SOME CRIM. CASES
2:07:27 PM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, began by
explaining changes in the committee substitute and referred to
page 1.
2:07:54 PM
REPRESENTATIVE KELLER moved to adopt proposed CS for [SSHB 11],
version 29-LS0083\H, Gardner/Martin, 3/27/15 as the working
document. There being no objection, Version H was before the
committee.
2:08:21 PM
REPRESENTATIVE WILSON referred to page 1, line 14, and stated it
previously read "The state may not publish ..." and the current
version reads "The Alaska Court System may not publish ..." She
then referred to page 2, line 1, wherein "internet" was changed
to "a publicly available website ..." She remarked that there
were concerns that "internet" was a broad terminology and the
intent was to focus solely on "CourtView." She then responded
to Representative Gruenberg's previous question regarding other
states and their procedures. She advised that the Alaska Court
System entails the entire state and that most examples she found
were based upon counties and not statewide areas. She noted
that social security numbers and the name of the county were
required in other states.
2:09:48 PM
The committee took a brief at-ease.
2:10:04 PM
CHAIR LEDOUX announced that public testimony was left open
during the last meeting.
2:10:48 PM
REPRESENTATIVE GRUENBERG referred to page 2, line 4, and asked
whether it should require that criminal charges have been
dismissed with prejudice. He advised he was not certain that
would be a good idea and wondered whether any of the lawyers
thought it would be an improvement.
2:11:40 PM
TRACEY WALLENBERG, Deputy Public Defender, Appellate Division,
Public Defender Agency, Department of Administration, responded
that the suggestion would significantly narrow the number of
cases to which this applies as there are very few circumstances
in which cases are dismissed with prejudice. She offered that
most of the time cases are dismissed without prejudice which may
be due to the fact that the prosecutor determined there was not
sufficient cause to proceed with the charges or some other
equitable reason to not go forward with the case. Generally,
she posited, under those circumstances the prosecutor dismisses
without prejudice under Criminal Rule 43. She noted that even
in circumstances where the prosecutor does not see fit to go
forward and dismisses the charges under those circumstances
(indisc.) the statute to only apply to cases dismissed with
prejudice would be excluded and they would still appear on
CourtView.
2:12:58 PM
CHAIR LEDOUX closed public testimony after ascertaining no one
further wished to testify.
2:13:09 PM
REPRESENTATIVE KELLER moved to report CS for Sponsor Substitute
HB 11, version 29-LS0083\H, Gardner/Martin, 3/27/15, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSSSHB 11(JUD) moved
from the House Judiciary Standing Committee.
2:13:37 PM
The committee took an at-ease from 2:13 to 2:17 p.m.