Legislature(2007 - 2008)HOUSE FINANCE 519
03/13/2008 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB417 | |
| HB359 | |
| HB324 |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 194 | TELECONFERENCED | |
| + | HB 324 | TELECONFERENCED | |
| *+ | HB 417 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 359 | TELECONFERENCED | |
| += | HB 364 | TELECONFERENCED | |
HOUSE BILL NO. 359
An Act relating to probation and the offense of minor
consuming or in possession or control of alcohol.
Representative Hawker MOVED to ADOPT Amendment #1.
Page 2, line 11: After "AS 12.55.051;", insert "and";
Page 2, line 13: After "probation", Delete "; and",
Insert "."; Page 2, line 14-15, Delete "(5) continuance
of the probation would interfere with the
rehabilitation and growth of the person."
Co-Chair Meyer OBJECTED for discussion purposes.
Representative Hawker explained the amendment follows up on
previous Committee conversation regarding the vagueness of
the phrase "rehabilitation and growth of the person."
REPRESENTATIVE JAY RAMRAS, SPONSOR, said the Judiciary
Committee had wrestled with the same issue. He agreed the
language was ambiguous.
Co-Chair Meyer WITHDREW his OBJECTION. There being NO
further OBJECTION, Amendment #1 was ADOPTED.
2:54:51 PM
Representative Thomas MOVED to ADOPT Amendment #2 (25-
LS1377\L.4, Luckhaupt, 3/10/08). Representative Hawker
OBJECTED for discussion purposes.
Representative Gara expressed his support for the Amendment.
Representative Thomas explained the Amendment would reduce
probation for the first and second offenses to up to a year
instead of five years mandatory. It does not change the
penalty for the third offense, which includes probation
until 21.
2:56:42 PM
Representative Ramras thought the Amendment improved the
bill.
Co-Chair Meyer expressed concern with inconsistencies in the
Amendment, especially that judges could apply it differently
and unfairly.
SUZANNE ARMSTRONG, STAFF, CO-CHAIR KEVIN MEYER, reported
that the Department of Law was concerned about setting the
probation for up to one year for the first offense.
Magistrates could give zero through up to a year. The
Department of Law felt a set standard, such as one year,
should be applied across the state.
Representative Gara reminded the Committee that the first
two violations are not a crime. This is the only finable
offense with automatic probation. He thought judges should
have the freedom to discern the length of the probation
depending on the individual situation. He also wanted
flexibility for minors who are just under 21 years old. He
stated he would vote for the bill.
3:00:19 PM
Ms. Armstrong said the Department of Law had also raised the
point of the minor's ability to petition the court for
termination of probation. It could take six months for the
minor to complete the requirements of the termination.
Representative Kelly thought there should be something in
the bill that punishes the minor. He did not want the option
of no probation. He did not support the Amendment.
3:02:40 PM
Representative Crawford related a personal story about his
son. His son did not get charged because the penalties
pertaining to probation were too harsh, but he still learned
a valuable lesson. Representative Crawford thought that the
statute as it stands is not workable and he said he
supported the bill and the Amendment.
Representative Gara wondered what should be done about
probation for someone who is nearly 21. He suggested the
Amendment could say one year or until the age of 21.
3:05:08 PM
Representative Thomas related a personal story. In smaller
towns the magistrate knows the kids involved and can apply
that knowledge when determining the length of probation.
Representative Ramras stated his concern regarding a minor
consuming that would turn 21 during the probation period. He
wanted punishment. He thought a condition of a full year's
probation should be maintained even after the legal age is
reached. He mentioned a crime bill that intends to introduce
three days of jail time for someone who contributes by
purchasing alcohol for a minor. He said he supported the
Amendment.
3:08:54 PM
Representative Hawker removed his OBJECTION.
Representative Kelly OBJECTED.
A roll call vote was taken on the motion.
IN FAVOR: Thomas, Crawford, Harris, Gara, Hawker
OPPOSED: Kelly, Chenault, Meyer
Absent from the vote: Joule, Nelson, Stoltz
The MOTION PASSED (5/3). Amendment #2 was ADOPTED.
3:10:41 PM
Representative Gara informed the Committee that when the
original bill passed, it was written so that the fine would
be as stiff as possible without requiring a public defender,
which would be too expensive. The Court said that went too
far, and put in five years probation, even though the
offense is not a crime. Now the Public Defender represents
the kids. The only way to remove the Public Defender cost is
to impose a fine of $500, with $1000 for the second offense,
for example. He did not think there should be probation with
a fine, although probation for the third offense made sense.
He preferred getting rid of the whole probation requirement.
Co-Chair Meyer thought the topic might pertain to another
bill. He wanted to deter underage drinking.
Representative Ramras commented on the seriousness of minors
consuming any amount.
Representative Gara stated for the record that he disagreed
that it was a condemnable offense for a 20-year old to have
a beer. He thought it was a family matter. Co-Chair Meyer
wanted tough laws to back parents up.
3:13:47 PM
Co-Chair Meyer referred to the new fiscal note from the
Courts.
Co-Chair Chenault MOVED to report CSHB 359 (FIN) out of
Committee with individual recommendations and attached
fiscal note #1 by the House Judiciary Committee and new
fiscal note by the Alaska Court System.
CSHB 359 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with attached fiscal note #1 by the
House Judiciary Committee and new fiscal note by the Alaska
Court System.
There was a discussion regarding how many votes were needed
in Committee to pass an amendment.
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