Legislature(2017 - 2018)GRUENBERG 120
02/21/2018 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation(s) | |
| HB330 | |
| Confirmation | |
| HB330 | |
| HB307 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 259 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 307 | TELECONFERENCED | |
| += | HB 330 | TELECONFERENCED | |
HB 307-MILITARY JUSTICE & MILITIA CIVIL RELIEF
2:42:58 PM
CHAIR CLAMAN announced that the next order of business would be
HOUSE BILL NO. 307, "An Act requiring a person who commits
certain offenses under the code of military justice to register
as a sex offender or child kidnapper; relating to the
Servicemembers Civil Relief Act; relating to contracts made by a
member of the organized militia; relating to nonjudicial
punishment of members of the organized militia; relating to
offenses subject to court-martial proceedings; and providing for
an effective date."
2:43:51 PM
REPRESENTATIVE LEDOUX moved to adopt Amendment 1, Version 30-
LS1099\D.1, Glover, 2/20/18, which read as follows:
Page 11, following line 31:
Insert new bill sections to read:
"* Sec. 21. AS 26.05.855(b) is amended to read:
(b) A member of the militia who (1) operates or
physically controls a nonmilitary vehicle, aircraft,
or vessel while impaired by a controlled substance
[DESCRIBED IN AS 26.05.870(c)], or (2) operates or is
in actual physical control of a nonmilitary vehicle,
aircraft, or vessel while under the influence of
alcohol or when the alcohol concentration in the
person's blood or breath is equal to or exceeds the
applicable limit under (d) of this section may be
punished by up to one year of confinement, by
separation with characterization up to dishonorable
discharge, and by such other punishment as a court-
martial may direct, or under (e) of this section if
the member is not in active duty status at the time of
the offense, or by up to five years of confinement, by
separation with characterization up to dishonorable
discharge, and by such other punishment as a court-
martial may direct if the member is in active duty
status at the time of the offense.
* Sec. 22. AS 26.05.855(c) is amended to read:
(c) A member of the militia who (1) operates or
physically controls a vehicle, aircraft, or vessel of
the armed forces of the United States or the militia
of a state in a negligent or reckless manner or while
impaired by a controlled substance [DESCRIBED IN
AS 26.05.870(c)], or (2) operates or is in actual
physical control of a vehicle, aircraft, or vessel of
the armed forces of the United States or the militia
of a state while under the influence of alcohol or
when the alcohol concentration in the person's blood
or breath is equal to or exceeds the applicable limit
under (d) of this section may be punished by up to
five years of confinement, by separation with
characterization up to dishonorable discharge, and by
such other punishment as a court-martial may direct."
Renumber the following bill sections accordingly.
Page 12, line 4:
Delete "drug"
Insert "controlled substance"
Page 12, line 5:
Delete "indulgence in"
Insert "the use of"
Page 12, lines 12 - 13:
Delete "In this subsection, "controlled
substance" has the meaning given in AS 26.05.870."
Page 12, lines 14 - 23:
Delete all material and insert:
"* Sec. 25. AS 26.05.865 is amended to read:
Sec. 26.05.865. Misbehavior of sentinel. A
sentinel or lookout who (1) as a result of the use of
any alcoholic beverage or drug, is unable to properly
perform the sentinel's or lookout's duties, (2) is
found [UNDER THE INFLUENCE OF ALCOHOL OR] sleeping on
the sentinel's or lookout's post, (3) [OR] leaves the
sentinel's or lookout's post before being regularly
relieved, or (4) loiters or wrongfully sits down on
post may be punished, if the offense is committed in
time of war or emergency as described in AS 26.05.070,
by confinement of not more than 10 years, by
separation with characterization up to dishonorable
discharge, and by such other punishment as a court-
martial may direct, but if the offense is committed at
any other time, by up to one year of confinement, by
separation with characterization up to dishonorable
discharge, and by such other punishment as a court-
martial may direct."
Page 17, following line 18:
Insert new bill sections to read:
"* Sec. 37. AS 26.05.990 is amended by adding a new
paragraph to read:
(22) "controlled substance" means
(A) opium, heroin, cocaine, amphetamine,
lysergic acid diethylamide, methamphetamine,
phencyclidine, barbituric acid, and marijuana;
(B) a compound or derivative of a substance
specified in (A) of this paragraph;
(C) a substance not specified in (A) or (B)
of this paragraph that is listed on a schedule of
controlled substances prescribed by the President of
the United States for the purposes of the armed forces
of the United States under 10 U.S.C. 801 - 946
(Uniform Code of Military Justice);
(D) a substance not specified in (A) or (B)
of this paragraph or on a list prescribed by the
President under (C) of this paragraph that is listed
in 21 U.S.C. 812, schedules I through V;
(E) an illicit synthetic drug identified in
AS 17.21.010.
* Sec. 38. AS 26.05.870(c) is repealed."
Renumber the following bill sections accordingly.
Page 17, line 26:
Delete "sec. 26"
Insert "sec. 28"
Delete "sec. 27"
Insert "sec. 29"
Page 17, line 27:
Delete "sec. 31"
Insert "sec. 33"
Delete "sec. 33"
Insert "sec. 35"
Page 17, line 29:
Delete "26, 27, 31, and 33"
Insert "28, 29, 33, and 35"
Page 18, line 7, following the second occurrence of
"Act,":
Insert "AS 26.05.855(b), as amended by sec. 21 of
this Act, AS 26.05.855(c), as amended by sec. 22 of
this Act"
Page 18, line 8:
Delete "sec. 21"
Insert "sec. 23"
Delete "sec. 22"
Insert "sec. 24"
Page 18, line 9:
Delete "sec. 23"
Insert "sec. 25"
Delete "sec. 24"
Insert "sec. 26"
Page 18, line 10:
Delete "sec. 25"
Insert "sec. 27"
Delete "sec. 26"
Insert "sec. 28"
Page 18, line 11:
Delete "sec. 27"
Insert "sec. 29"
Page 18, line 12:
Delete "28"
Insert "30"
Delete "sec. 29"
Insert "sec. 31"
Page 18, line 13:
Delete "sec. 30"
Insert "sec. 32"
Delete "sec. 32"
Insert "sec. 34"
Delete the first occurrence of "and"
Page 18, line 14:
Delete "sec. 34"
Insert "sec. 36"
Following "Act,":
Insert "and AS 26.05.990(22), enacted by sec. 37
of this Act,"
Page 18, line 15:
Delete "9 - 30, 32, and 34"
Insert "9 - 32, 34, 36, and 37"
Page 18, line 27:
Delete "8 - 34, and 35(b) - (d)"
Insert "8 - 38, and 39(b) - (d)"
Page 18, line 29:
Delete "sec. 36"
Insert "sec. 40"
Page 19, line 3:
Delete "8 - 34, and 35(b) - (d)"
Insert "8 - 38, and 39(b) - (d)"
Page 19, line 5:
Delete "sec. 38"
Insert "sec. 42"
REPRESENTATIVE KREISS-TOMKINS objected.
2:44:08 PM
REPRESENTATIVE LEDOUX deferred to Kendra Kloster.
2:44:16 PM
KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State
Legislature, referred to HB 307, [Sec. 21, AS 26.05.860], page
12, lines 1-8, and advised that Sec. 21 is the crux of Amendment
1. She noted that a discussion ensued during a House Special
Committee on Military and Veterans' Affairs regarding the
difference between a drug and a controlled substance, and that
Amendment 1 is a continuing effort to make certain that section
is clarified.
MS. KLOSTER turned to Amendment 1, new sections, Secs. 21-22,
and advised that these are conforming changes because the
definition of "a controlled substance" is moved from AS
26.05.870 to the definition section, AS 26.05.990. She
explained that this is simply conforming and nothing is changed.
2:45:13 PM
MS. KLOSTER turned to HB 307, [Sec. 21, AS 26.05.860], page 12,
lines 4-6, which read as follows:
... found under the influence of alcohol or a
drug while on duty, or (2) as a result of indulgence
in any alcoholic beverage or drug, is unable to
properly perform the member's duty
MS. KLOSTER explained that the amendment deletes the word "drug"
and inserts "a controlled substance," on line 4, and explained
that the word "drug" could be anything, such as cough medicine.
She turned to lines 5-6 and noted that the word "indulgence" is
deleted and it inserts "the use of."
MS. KOSTER turned to HB 307, [Sec. 22, AS 26.05.860(b), page 12,
lines 12-13, which read as follows:
(b) ... accordance with a valid prescription
shall be punished as a court-martial may direct. In
this subsection, "controlled substance" has the
meaning given in AS 26.05.870.
MS. KLOSTER advised that part of the conforming change is
removing the "controlled substance" definition and moving it to
the definition section, [AS 26.05.870].
2:46:01 PM
MS. KOSTER turned to HB 307, [Sec. 23, AS 26.05.865], page 12,
lines 14-23 and advised that that language is deleted, but only
to put it back into Sec. 25.
MS. KOSTER noted that line 23 read: "Misbehavior of sentinel,"
and this case, the sponsor is using similar language under Sec.
21, and putting it into Sec. 23 in order to conform. She
referred to Amendment 1, [Sec. 25, page 2, lines 22-31, and page
3, line 1], and advised that the amendment language read as
follows:
Sec. 26.05.865. Misbehavior of sentinel. A
sentinel or lookout who (1) as a result of the use of
any alcoholic beverage or drug, is unable to properly
perform the sentinel's or lookout's duties, (2) is
found [UNDER THE INFLUENCE OF ALCOHOL OR] sleeping on
the sentinel's or lookout's post, (3) [OR] leaves the
sentinel's or lookout's post before being regularly
relieved, or (4) loiters or wrongfully sits down on
post may be punished, if the offense is committed in
time of war or emergency as described in AS 26.05.070,
by confinement of not more than 10 years, by
separation with characterization up to dishonorable
discharge, and by such other punishment as a court-
martial may direct, but if the offense is committed at
any other time, by up to one year of confinement, by
separation with characterization up to dishonorable
discharge, and by such other punishment as a court-
martial may direct.
MS. KOSTER explained that the sponsor duplicated the language in
Sec. 21 and inserted it into Sec. 23. The remaining portions of
the amendment deletes different sections, and conforms all of
the sections and numbers, because Amendment 1 includes new
sections in the bill and renumbering.
2:47:10 PM
REPRESENTATIVE LEDOUX advised that after numerous struggles and
discussions, she believes "this finally does the trick."
2:47:33 PM
REPRESENTATIVE CHRIS TUCK, in response to Chair Claman advised
that he supports Amendment 1.
REPRESENTATIVE REINBOLD commented to the sponsor that she was
pleased with the discussions in the House Special Committee on
Military and Veterans' Affairs, and with Amendment 1. She asked
whether the sponsor believes all of the members' concerns have
been addressed.
REPRESENTATIVE TUCK advised that it does address the voiced
concerns, and that Sec. 21 was the tough section. When looking
at "or a drug," the sponsor looked at illegal/legal,
prescribed/non-prescribed drugs and they were finally able to
put those sidebars down. He advised that his office went
through two different attorneys at Legislative Legal and
Research Services to determine how to frame the language and
added that the language was framed in the House Special
Committee on Military and Veterans' Affairs as far as prescribed
drugs used illegally.
2:49:20 PM
REPRESENTATIVE REINBOLD commented that the word "drug" was too
broad and the sponsors office worked hard "with all of us," and
she supports Amendment 1.
2:49:47 PM
REPRESENTATIVE EASTMAN acknowledged that the word "drug" was
changed to "a controlled substance" in a number of situations.
Except, he pointed out, within Amendment 1, Sec. 25, AS
26.05.865, page 2, lines 22-31, and page 3, line 1, the sponsor
chose not to make that change. He asked why the sponsor made
that choice, what drove the language from "alcohol" to this more
expansive "alcoholic beverage or drug," which could include
cough syrup. He requested examples, if any, of sentinels who
took non-controlled substances that impaired their duty.
REPRESENTATIVE TUCK explained that when looking at the role of a
sentinel or lookout, he wanted to encompass a sentinel taking
aspirin, but not impairing their ability to perform their work.
In that regard, the sponsor used the same conforming language
under Sec. 21, "the last half of that." Representative Tuck
explained that they also wanted to "throw that in there by
changing the definition and then throwing that section section
[sic] in there that, if perhaps, they have taken too much cold
medicine, or something else, that does make them unable to
perform -- properly perform their duty, then some action can be
taken." The goal was to not have action taken for simply taking
any drug, such as an aspirin, he explained.
2:51:31 PM
REPRESENTATIVE EASTMAN asked what was driving Sec. 25, because
if someone was taking a lawful drug, such as aspirin, are there
occasions where aspirin has caused people "to do things they
shouldn't be doing," and that there must be a way to capture
that as an offense.
REPRESENTATIVE TUCK replied that Representative Eastman was
correct, except probably it would not be aspirin but possibly
cough medicine instead. This language encompasses everything,
and in this case, he pointed out, taking too many aspirin, and
not following the directions on the bottle may not get someone
in trouble, but if it made them unable to properly perform their
work, it would get them into trouble. He explained that this is
the language previously contained under Sec. 21 and was then
added into the new Sec. 25.
CHAIR CLAMAN suggested that someone taking over-the-counter
Benadryl could doze off under its sleep inducing effects.
2:52:58 PM
REPRESENTATIVE EASTMAN advised that a sentinel not properly
performing their duty is an offense in and of itself. He asked
why the need to create this new scenario where someone is using
a lawful drug and having the same effect, and how is that a
different offense. He pointed out that the amendment did not
necessarily say that the person willfully used the substance, it
seems to be a strict liability type of situation because they
ate something and it was a drug, and whether they even knew what
they were doing is not even part of this issue.
REPRESENTATIVE TUCK responded that most of this bill is
conforming language to the United States Code of Military
Justice (USMJ), and the language updates Alaska Title 26 to
conform to the USMJ model language for all states. The
legislation was modified a small bit to include the sidebars,
but basically the model legislation asked that this language for
the alcoholic beverages and for drugs is included.
2:54:18 PM
REPRESENTATIVE EASTMAN offered his thought that the model
legislation was HB 307, and Amendment 1 was more of a sidebar.
He asked whether the idea of making it expansive to simply drugs
of any kind, was intended to be part of the model legislation,
or was it part of a discussion that resulted in Amendment 1.
REPRESENTATIVE TUCK answered that the model legislation was
basically "a drug," and the question was raised that if someone
needed to take a cold medicine or an aspirin for the performance
of their work, should they be in trouble for those actions. Not
necessarily, he said, unless they are unable to perform their
work, and that section is added within Amendment 1. This is
similar to the same conditions under Sec. 21, where drunkenness
and other incapacitating offenses are listed. They looked at
the second half of that provision and the two conditions: "were
found under the influence of alcohol or a controlled substance
while on duty; or (2) as a result of use of any alcoholic
beverages or drug, is unable to properly perform the member's
duty," and they added "that section to this one as well." There
should be more responsibility put on a lookout or sentinel than
on the average member performing their work, which is the reason
it read: "or loiters or wrongly sits down on their post,"
because these people need to watch out for everyone, he said.
2:56:06 PM
REPRESENTATIVE KREISS-TOMKINS withdrew his objection. There
being no objection, Amendment 1 was adopted.
2:56:46 PM
REPRESENTATIVE EASTMAN referred to HB 307, Sec. 10, page 8,
lines 16-21, and noted that the language discussed a "serious
offense," and asked whether that is defined elsewhere in the
bill, and the interpretation of a "serious offense."
REPRESENTATIVE TUCK deferred to Lieutenant Colonel Weaver.
2:57:21 PM
LIEUTENTANT COLONEL CHRIS WEAVER, Alaska National Guard, asked
that the question be repeated.
CHAIR CLAMAN asked the definition of "a serious offense" in Sec.
10 of HB 307, page 8, line 18.
LIEUTENANT COLONEL WEAVER responded that "a serious offense" is
any offense punishable under the UCMJ by death or by confinement
for a term exceeding one year.
CHAIR CLAMAN explained that in modern terms it would be called a
felony under state jurisdiction.
2:58:04 PM
REPRESENTATIVE REINBOLD offered her appreciation for the
sponsor's office working with the majority and minority, and
that she supports the bill.
REPRESENTATIVE LEDOUX reiterated Representative Reinbold's
comments and added that this bill is an example of how the
committee process is supposed to work. She pointed out that and
when the House Judiciary Standing Committee worked on the entire
military justice process legislation a few years ago, that was
also an example of how the committee process is supposed to
work.
2:59:19 PM
REPRESENTATIVE EASTMAN noted a comment made in the previous
hearing that there should be regular updates to the USCMJ due to
the changes "in other places and whatnot." While he understands
the reason for the updates in this case, he mentioned that
uniform codes are not actually designed to be updated on a
regular basis or every couple of years. The idea is that there
is a code that is known and understood and passed on through
tradition as far as instruction. There are non-lawyer
servicemembers who are not only held by the code but are
applying the code, and in some cases presiding over courts
martial with little to no formal legal training. He encouraged
judicious use of amendments to the code and to hopefully capture
all of the needful amendments now and not come back for at least
a few years.
3:00:40 PM
REPRESENTATIVE KOPP thanked the sponsor and his staff because
this is a critically needed piece of legislation. The criminal
justice system is always evolving, both on the civilian end and
the military end because there are many moving pieces in
criminal law. Also, he pointed out, as technology changes and
the ability to access information changes, criminal justice
matters will continually come before this committee. He said he
does expect to see amendments in the future, and he appreciates
moving this bill.
3:01:29 PM
REPRESENTATIVE KREISS-TOMKINS moved to report CSHB 307(MLV),
Version 30-LS1099\D, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 307(JUD) passed out of the House
Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Board of Governors of the Alaska Bar Appointment-William Gordon Application 2.21.18.pdf |
HJUD 2/21/2018 1:00:00 PM |
|
| Violent Crimes Compensation Board Appointment-Jeffrey Stubblefield Application and Resume 2.21.18.pdf |
HJUD 2/21/2018 1:00:00 PM |
|
| HB330 ver A 2.16.18.pdf |
HJUD 2/16/2018 1:00:00 PM HJUD 2/21/2018 1:00:00 PM HJUD 2/23/2018 1:30:00 PM HJUD 2/26/2018 1:00:00 PM HRES 3/9/2018 1:00:00 PM HRES 3/12/2018 1:00:00 PM HRES 3/14/2018 1:00:00 PM |
HB 330 |
| HB330 Transmittal Letter 2.16.18.pdf |
HJUD 2/16/2018 1:00:00 PM HJUD 2/21/2018 1:00:00 PM HRES 3/9/2018 1:00:00 PM HRES 3/12/2018 1:00:00 PM HRES 3/14/2018 1:00:00 PM |
HB 330 |
| HB330 Opposing Document-UCM Letter 2.21.18.pdf |
HJUD 2/21/2018 1:00:00 PM HRES 3/9/2018 1:00:00 PM HRES 3/12/2018 1:00:00 PM HRES 3/14/2018 1:00:00 PM |
HB 330 |
| HB330 Fiscal Note DNR-DOG 2.16.18.pdf |
HJUD 2/16/2018 1:00:00 PM HJUD 2/21/2018 1:00:00 PM HRES 3/9/2018 1:00:00 PM HRES 3/12/2018 1:00:00 PM HRES 3/14/2018 1:00:00 PM |
HB 330 |
| HB307 ver D 2.19.18.PDF |
HJUD 2/19/2018 1:30:00 PM HJUD 2/21/2018 1:00:00 PM |
HB 307 |
| HB307 Sponsor Statement 2.19.18.pdf |
HJUD 2/19/2018 1:30:00 PM HJUD 2/21/2018 1:00:00 PM |
HB 307 |
| HB307 Sectional Analysis ver D 2.19.18.pdf |
HJUD 2/19/2018 1:30:00 PM HJUD 2/21/2018 1:00:00 PM |
HB 307 |
| HB307 Amendment #1 2.21.18.pdf |
HJUD 2/21/2018 1:00:00 PM |
HB 307 |
| HB307 Additional Document-Leg Legal Memo on Amendment #1 (D.1) 2.21.18.pdf |
HJUD 2/21/2018 1:00:00 PM |
HB 307 |
| HB307 Amendment #1 HJUD Final Vote 2.21.18.pdf |
HJUD 2/21/2018 1:00:00 PM |
HB 307 |
| HB307 Fiscal Note MVA-COM 2.19.18.pdf |
HJUD 2/19/2018 1:30:00 PM HJUD 2/21/2018 1:00:00 PM |
HB 307 |
| HB307 Fiscal Note DPS-SWITS 2.19.18.pdf |
HJUD 2/19/2018 1:30:00 PM HJUD 2/21/2018 1:00:00 PM |
HB 307 |