05/02/2005 10:36 AM Senate FIN

                                                                                                                                
     HOUSE BILL NO. 136                                                                                                         
     "An  Act  restricting  the  authority  of a  court  to  suspend                                                            
     execution of a sentence  or grant probation in prosecutions for                                                            
     driving while under  the influence and prosecutions for refusal                                                            
     to submit  to a chemical test; and allowing a  court to suspend                                                            
     up  to 75 percent  of the  minimum fines  required for  driving                                                            
     while  under  the influence  and  for refusal  to  submit to  a                                                            
     chemical test if the defendant successfully completes a court-                                                             
     ordered treatment program."                                                                                                
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Green stated that  the bill would  allow a portion  of the                                                            
offender's  fine  to be  "diverted"  to  pay for  the  costs of  the                                                            
offender's  court ordered treatment  program. It would also  require                                                            
the Court to adhere  to a specified minimum sentence  for the crimes                                                            
addressed in the bill.                                                                                                          
                                                                                                                                
Co-Chair  Green noted  that a House  Judiciary  Committee Letter  of                                                            
Intent accompanied the bill.                                                                                                    
                                                                                                                                
HEATHER NOBREGA,  Staff to Representative Norm Rokeberg,  the bill's                                                            
sponsor,  communicated  that  the  Letter  of Intent  had  not  been                                                            
addressed during the previous discussion on the bill.                                                                           
                                                                                                                                
Co-Chair  Green stated that  the Letter of  Intent should  accompany                                                            
the bill when it moved from Committee.                                                                                          
                                                                                                                                
3:25:34 PM                                                                                                                    
                                                                                                                                
Co-Chair  Wilken moved to  report the bill  and the House  Judiciary                                                            
Letter of Intent from Committee  with individual recommendations and                                                            
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There  being  no  objection,  HB  136,  accompanied   by  the  House                                                            
Judiciary Letter of Intent  adopted April 12 2005, was REPORTED from                                                            
Committee  with zero fiscal  note #1 dated  March 21, 2005  from the                                                            
Department of Corrections;  zero fiscal note #2 dated March 17, 2005                                                            
from the Alaska  Court System; zero  fiscal note #3 dated  March 18,                                                            
2005 from  the Department  of  Public Safety;  indeterminate  fiscal                                                            
note #4 dated March 21,  2005 from the Department of Administration;                                                            
indeterminate  fiscal note  #5 dated March  20, 2005 from the  Civil                                                            
Division, Department of  Law; and indeterminate fiscal note #6 dated                                                            
March 20, 2005 from the Criminal Division, Department of Law.                                                                   
                                                                                                                                
3:26:24 PM