Legislature(2017 - 2018)GRUENBERG 120
02/07/2018 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB312 | |
| HB129 | |
| HB312 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 312 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 129 | TELECONFERENCED | |
HB 312-CRIMES AGAINST MEDICAL PROFESSIONALS
1:54:00 PM
CHAIR CLAMAN announced that the first order of business would be
HOUSE BILL NO. 312, "An Act relating to arrest without a warrant
for assault in the fourth degree at a health care facility; and
relating to an aggravating factor at sentencing for a felony
offense against a medical professional at a health care
facility."
CHAIR CLAMAN recapped that during the 2/5/18 meeting, as members
reviewed the bill and heard public testimony. Since that time,
he advised that the Department of Health and Social Services
(DHSS) submitted an amended Alaska Psychiatric Institute (API)
zero fiscal note.
CHAIR CLAMAN, in response to the questions as to why the Pioneer
Homes and the Alaska Veterans Home was excluded from the health
care facility definition, he explained that there are many
different statutes defining health care facility. (Audio
difficulties) past the deadline, "I've ruled and we won't be
taking it up in the committee," he said.
1:57:37 PM
REPRESENTATIVE LEDOUX asked Chair Claman to re-state his answer
as to the Pioneer Homes and the Alaska Veterans Home.
CHAIR CLAMAN explained that in reviewing the statutes, there are
many different definitions as to health care facility. The
sponsors did not include the Pioneer Homes and the Alaska
Veterans Home because those entities are primarily assisted
living homes and senior living facilities. While, he
acknowledged, these entities provide medical care services, it
is not their primary duty to provide medical care for those
people coming in and seeking medical care.
CHAIR CLAMAN further explained that within the reports heard by
this committee as to where these abuses are issues, those
reports did not come from these two entities. The sponsors
tried to narrowly tailor the legislation to the concerns the
community brought to the sponsors, he said.
REPRESENTATIVE LEDOUX surmised that the legislature would wait
until the Pioneer Homes or the Alaska Veterans Home communities
comes in with a problem, and the legislature will just add that
to one more of the exceptions.
CHAIR CLAMAN opined that that would be one approach, and the
committee can certainly continue discussions after finishing
with the bill. In the event there was a sense the body was
interested in that type of change, it could be amended on the
floor of the House of Representatives, he offered.
1:58:14 PM
REPRESENTATIVE LEDOUX pointed out that there are so many
exceptions, perhaps it is time to actually revisit the whole
issue.
CHAIR CLAMAN said that Representative LeDoux's concerns were
well noted.
1:58:30 PM
[CHAIR CLAMAN and Representative Reinbold discussed the
amendment process.]
1:59:27 PM
REPRESENTATIVE KREISS-TOMKINS related that after public
testimony, discovery, and the committee's questions, this
legislation appears to be on point and that he now has greater
awareness of some of the negative externalities of the drug and
alcohol problems ravaging many of Alaska's communities. He said
that he has enhanced curiosity about the relationship between
law enforcement and the response to these social economic
problems in the health care system and the role the health care
system is being drafted into, to some extent. He said he is
excited to support HB 312.
2:00:58 PM
REPRESENTATIVE REINBOLD related that this bill is important and
that it is sad post-Senate Bill 91 [passed in the Twenty-Ninth
Alaska State Legislature] that there has been a dramatic
increase in assaults to health care workers. She noted that
"many other states" have felony fourth-degree assault against
health care workers in a health care facility. It is critical
to address the issues in the bill, which is a good first step,
but something is missing, she said.
2:01:54 PM
REPRESENTATIVE EASTMAN commented on the discussion procedure.
He then noted that the committee heard from law enforcement
regarding a desire for the ability to arrest someone engaging in
abusive behavior at the hospital, a soup kitchen, or wherever
that assault might take place. In his opinion, he said, assault
is assault no matter where it takes place because the victim is
just as injured, and the public is just as violated by the
crime. He offered an interest in an amendment that would deal
with the assault itself and give law enforcement the ability to
arrest someone, if necessary, without tailoring it to specific
exceptions such as health care facilities.
2:04:05 PM
REPRESENTATIVE KOPP addressed the comments of Representative
Eastman and advised that "speeding is speeding," it can be 20
miles outside of Cantwell on a 10-mile stretch of road or a
person speeding through an elementary zone with 300 students
getting onto the bus, yet those circumstances are especially
different. This legislation is not an attempt to remove all due
processes from the law, it respects a person's constitutional
right as a high priority, thereby, going out of its way to not
remove due process of arrest warrants in all misdemeanors. He
explained that this legislation looks at high risk environments
where patients, health care workers, and visitors of patients
absolutely need to know they are safe. Health care facilities
must be a place where care can be performed safely, and the
state must recognize that health care facilities are much more
sensitive to assaultive conduct occurring within the facility.
This legislation gives law enforcement a tool to "not just cite
and release" but to "hook and book," he said.
2:05:47 PM
REPRESENTATIVE STUTES commented that having been in the health
care industry many years ago, she could not be any more
supportive than she is of this bill. She stressed that, "This
is just a terrific bill, it's really needed" because the state's
health care workers are at risk enough in other manners that
they do not need to be at risk with assaults and being beat up
by the people they are trying to help.
2:06:23 PM
CHAIR CLAMAN, in response to the issues raised by Representative
Eastman, remarked that he takes very seriously the oath
legislators take to uphold the constitution. Part of that is
due to the Constitution of the United States and constitutional
rights, the United States Bill of Rights, and the Constitution
of the State of Alaska and not being arrested without probable
cause, he explained. When taking a step to loosen that
requirement, he said that he believes it must be taken with
tremendous caution for the same reasons Representative Kopp
expressed, yet he has heard some police officers indicate that
they would like to have greater authority to arrest for assault
without a warrant under any circumstance. He pointed out that
the Department of Law (DOL) is not here because, he opined, if
asked, the Department of Law (DOL) would advise to go very
cautiously when taking away a person's constitutional rights.
For those reasons, he advised, he will not support an amendment
that broadens the authority to arrest other than the narrow step
taken in this legislation. This legislation is consistent with
the legislature's obligation to protect the important
constitutional rights of every single Alaskan, he stated.
2:07:37 PM
REPRESENTATIVE LEDOUX commented that this is an important bill,
except she is concerned that whenever the legislature singles
out one group of people, such as medical health care workers or
any other group, and decides that if a person assaults those
people then there is an exception to the presumptive sentencing
and the sentence moves higher. Therefore, if the legislature is
willing to go higher for the policeman, fireman, nurse, or
doctor, then the legislature needs to revisit the whole concept
of the presumptive sentencing, she remarked. In the event
anyone on the committee was assaulted or their children were
assaulted, she opined that the sentences should conceivable be
as high as if a doctor, nurse, or first-responder was assaulted.
That is her concern, and she suggested possibly doing away with
those presumptive maximums when it comes to everyone.
2:09:49 PM
REPRESENTATIVE KREISS-TOMKINS moved to report HB 312, Version
30-LS1225\O out of committee with individual recommendations and
the accompanying fiscal notes.
REPRESENTATIVE EASTMAN objected.
2:10:11 PM
A roll call vote was taken. Representatives Kopp, Kreiss-
Tomkins, LeDoux, Stutes, and Claman voted in favor of moving HB
312, Version 30-LS1225\O out of committee. Representatives
Eastman and Reinbold voted against it. Therefore, HB 312 was
reported out of the House Judiciary Standing Committee by a vote
of 5-2.
HB 312-CRIMES AGAINST MEDICAL PROFESSIONALS
2:37:56 PM
CHAIR CLAMAN, in granting Representative Reinbold's request,
allowed the committee to return to HB 312.
REPRESENTATIVE REINBOLD noted that she wanted to make it clear
to this committee that she absolutely supports the bill and will
be a yes-vote. She said that she wanted it on the record that
she supports this bill and was a no-vote due to the amendment.
Whether the amendment passed or not is irrelevant, she pointed
out, but having the minority voice heard is important to her,
and that is why she was a no-vote.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB312 ver O 2.5.18.PDF |
HJUD 2/5/2018 1:30:00 PM HJUD 2/7/2018 1:00:00 PM |
HB 312 |
| HB312 Supporting Document-SEARHC Letter 2.7.18.pdf |
HJUD 2/7/2018 1:00:00 PM |
HB 312 |
| HB312 Public Comment-Supporting 2.7.18.pdf |
HJUD 2/7/2018 1:00:00 PM |
HB 312 |
| HB312 Updated Fiscal Note DHSS-API 2.7.18.pdf |
HJUD 2/7/2018 1:00:00 PM |
HB 312 |
| HB129 ver D 1.29.18.pdf |
HJUD 2/5/2018 1:30:00 PM HJUD 2/7/2018 1:00:00 PM HJUD 2/9/2018 1:00:00 PM |
HB 129 |
| Representative Reinbold Document Offered to HJUD Committee- Recidivism Definition 2.7.18.pdf |
HJUD 2/7/2018 1:00:00 PM |