04/04/2011 01:30 PM Senate JUDICIARY

        HB 116-CORRECT SPELLING OF LORAZEPAM/OXYMORPHONE                                                                    
                                                                                                                                
1:41:47 PM                                                                                                                    
CHAIR FRENCH announced  the consideration of HB 116  and asked Mr.                                                              
Luckhaupt to tell the committee why this needs to be a bill.                                                                    
                                                                                                                                
1:42:12 PM                                                                                                                    
JERRY  LUCKHAUPT,  Assistant  Revisor of  Statutes,  Alaska  Legal                                                              
Services, Legislative  Affairs Agency, explained that  these drugs                                                              
were  misspelled   in  the  initial  1981  drafting   request.  He                                                              
intended  to correct  the misspellings  in  the regular  revisor's                                                              
bill, but  he had to insert  an applicability section  and decided                                                              
it was  better to address the  issue separately. The  intention is                                                              
to  do  no  harm  to  the  criminal   law  and  express  that  the                                                              
Legislature  did  not  intend to  criminalize  the  possession  of                                                              
something  that doesn't  exist.  It appears  that the  Legislature                                                              
intended to include these other drugs back then, he stated.                                                                     
                                                                                                                                
CHAIR  FRENCH  asked Mr.  Moody  if  anyone was  prosecuted  under                                                              
these misspellings or if it was grounds for dismissal.                                                                          
                                                                                                                                
1:44:07 PM                                                                                                                    
DOUGLAS  MOODY, Deputy  Public Defender,  Public Defender  Agency,                                                              
said he  doesn't recall  the misspellings being  an issue,  but he                                                              
can't  say  with 100  percent  certainty  that  no case  was  ever                                                              
dismissed  because of  the misspelling.  "I  certainly would  have                                                              
argued  it if  I'd had  a  lorazepam case  and  realized that  the                                                              
statute was misspelled," he added.                                                                                              
                                                                                                                                
CHAIR FRENCH asked  Mr. Luckhaupt if he's absolutely  certain that                                                              
lorazepam and oxymorphone are spelled correctly this time.                                                                      
                                                                                                                                
MR. LUCKHAUPT answered  yes and added that oxymorphone  is spelled                                                              
both  ways on  the  DEA website  so  it took  more  than a  little                                                              
research to get that one straight.                                                                                              
                                                                                                                                
1:45:44 PM                                                                                                                    
SENATOR  WIELECHOWSKI  referenced  the  applicability  section  on                                                              
page  4 and  questioned  the legality  of  applying  it to  crimes                                                              
committed before, on, or after the effective date.                                                                              
                                                                                                                                
MR. LUCKHAUPT  explained that this  attempts to clarify  that this                                                              
is  what the  Legislature meant  when it  added the  drugs to  the                                                              
statutes  in 1982.  Both lorazepam  and oxymorphone  were part  of                                                              
the federal  schedules at  the time and  this clarification  is an                                                              
attempt to  avoid calling into question  anyone who may  have been                                                              
prosecuted  under the  misspellings.  It states  the intent  then,                                                              
the intent now, and the intent in the future.                                                                                   
                                                                                                                                
CHAIR FRENCH asked to what oxymorphone refers.                                                                                  
                                                                                                                                
MR. LUCKHAUPT replied  it's a semi-synthetic opioid  that is often                                                              
used intravenously  as a  pain medication.  Lorazepam is  marketed                                                              
under the name "Ativan" and is used to relieve anxiety.                                                                         
                                                                                                                                
CHAIR FRENCH commented that in high doses it's a tranquilizer.                                                                  
                                                                                                                                
CHAIR FRENCH  found no further  questions, discussion,  or concern                                                              
and asked for a motion.                                                                                                         
                                                                                                                                
1:49:02 PM                                                                                                                    
SENATOR  WIELECHOWSKI moved  to report  HB 116  am from  committee                                                              
with individual recommendations and attached fiscal note(s).                                                                    
                                                                                                                                
CHAIR FRENCH  announced that  without objection,  HB 116  am moved                                                              
from the Senate Judiciary Standing Committee.