03/28/2014 01:30 PM Senate JUDICIARY

        HB 218-SENTENCING;AGGRAVATOR/DEPORTATION STATUS                                                                     
                                                                                                                                
2:31:10 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of HB  218. "An  Act                                                               
relating  to  the  aggravating factor  at  felony  sentencing  of                                                               
multiple prior misdemeanors when  a prior misdemeanor involves an                                                               
assault on  a correctional  employee; providing  that deportation                                                               
is not  a proper factor for  referral of a case  to a three-judge                                                               
panel  for  sentencing  for  a   felony;  and  providing  for  an                                                               
effective date." He  noted this was the second  hearing and there                                                               
was an amendment for the committee to consider.                                                                                 
                                                                                                                                
2:31:39 PM                                                                                                                    
SENATOR  MCGUIRE   moved  to  adopt  Amendment   1,  labeled  28-                                                               
LS0941\U.3.                                                                                                                     
                                                                                                                                
CHAIR COGHILL objected for an explanation.                                                                                      
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO:  CSHB 218(JUD)                                                                                                    
                                                                                                                                
     Page 6, line 18:                                                                                                           
          Delete "or that collateral consequences may or                                                                        
         will result if the defendant is classified as                                                                          
     deportable"                                                                                                                
                                                                                                                                
     Page 6, line 26:                                                                                                           
          Delete "or that collateral consequences may or                                                                        
         will result if the defendant is classified as                                                                          
     deportable"                                                                                                                
                                                                                                                                
2:31:46 PM                                                                                                                    
TOM  WRIGHT, Staff,  Representative Mike  Chenault, Alaska  State                                                               
Legislature,  Juneau,  Alaska,  explained  that  Public  Defender                                                               
Quinlan  Steiner brought  the amendment  forward after  the first                                                               
hearing and then worked with  the Department of Law on compromise                                                               
language.  The  essence  is  that   deportation  will  not  be  a                                                               
consideration in  requesting a three-judge panel,  whereas unduly                                                               
harsh  collateral consequences  may be  taken into  consideration                                                               
for requesting a three-judge panel.                                                                                             
                                                                                                                                
2:33:04 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Legal Services Section, Department  of Law (DOL), Juneau, Alaska,                                                               
affirmed that DOL discussed this  with the Public Defender Agency                                                               
and arrived  at a fair  compromise. She summarized that  the fact                                                               
of being  deportable is  not something  that can  go to  a three-                                                               
judge panel  for sentencing, but  if the defendant  can establish                                                               
unduly  harsh collateral  consequences and  the sentencing  judge                                                               
finds  that  those claims  are  proved  by clear  and  convincing                                                               
evidence, that  could be  considered as  a basis  for going  to a                                                               
three-judge panel.                                                                                                              
                                                                                                                                
2:34:03 PM                                                                                                                    
QUINLAN  STEINER,   Public  Defender,  Public   Defender  Agency,                                                               
Department  of  Administration  (DOA),  said the  intent  of  the                                                               
amendment is  to preserve a  defendant's ability to  plead unduly                                                               
harsh  collateral consequences  that  may flow  from an  eventual                                                               
deportation, but  the defendant  would not be  able to  plead the                                                               
fact that  he/she would  be deported as  grounds for  obtaining a                                                               
three-judge panel.                                                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  for   examples  where  keeping  the                                                               
provision  would result  in one  decision and  removing it  would                                                               
result in a different decision.                                                                                                 
                                                                                                                                
MS. CARPENETI said  a person whose sentence range  is high enough                                                               
to be considered deportable by  immigration authorities would not                                                               
be able  to argue that fact  to qualify for a  three-judge panel.                                                               
Whereas  if  the  person  was  Syrian,  for  example,  and  could                                                               
establish by  clear and  convincing evidence  that the  effect of                                                               
being deported to  Syria would result in  unduly harsh collateral                                                               
consequences, that could  be argued to qualify  for a three-judge                                                               
panel.                                                                                                                          
                                                                                                                                
MR. STEINER added  that if a person was trying  to plead the fact                                                               
that  they'd  be deported  and  nothing  more, they  wouldn't  be                                                               
entitled to argue that to obtain  a three-judge panel. But if the                                                               
person could  plead some further  consequence of  the deportation                                                               
such as  it would result  in death,  then the person  could argue                                                               
that that qualifies for a three-judge panel.                                                                                    
                                                                                                                                
SENATOR  MCGUIRE  stated support  for  the  amendment because  it                                                               
accommodates  people  seeking  political asylum  who  might  face                                                               
murder if they're deported.                                                                                                     
                                                                                                                                
CHAIR COGHILL removed his objection  and Amendment 1 was adopted.                                                               
Finding no further questions or comments, he solicited a motion.                                                                
                                                                                                                                
2:37:53 PM                                                                                                                    
SENATOR MCGUIRE moved  to report CS for HB 218,  as amended, from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  COGHILL   announced  that  without  objection,   SCS  CSHB
(JUD) passes from the Senate Judiciary Standing Committee.