Legislature(2015 - 2016)SENATE FINANCE 532
04/04/2016 01:30 PM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| SB145 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 91 | TELECONFERENCED | |
| += | SB 145 | TELECONFERENCED | |
| += | SB 207 | TELECONFERENCED | |
| += | SB 208 | TELECONFERENCED | |
| += | SB 209 | TELECONFERENCED | |
| += | SB 210 | TELECONFERENCED | |
SENATE BILL NO. 91
"An Act relating to protective orders; relating to
conditions of release; relating to community work
service; relating to credit toward a sentence of
imprisonment for certain persons under electronic
monitoring; relating to the restoration under certain
circumstances of an administratively revoked driver's
license, privilege to drive, or privilege to obtain a
license; allowing a reduction of penalties for
offenders successfully completing court-ordered
treatment programs for persons convicted of driving
under the influence; relating to termination of a
revocation of a driver's license; relating to
restoration of a driver's license; relating to credits
toward a sentence of imprisonment, to good time
deductions, and to providing for earned good time
deductions for prisoners; relating to the
disqualification of persons convicted of certain
felony drug offenses from participation in the food
stamp and temporary assistance programs; relating to
probation; relating to mitigating factors; relating to
treatment programs for prisoners; relating to the
duties of the commissioner of corrections; amending
Rules 32 and 35(b), Alaska Rules of Criminal
Procedure; and providing for an effective date."
1:43:00 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 1, 29-
LS0541\F.1, Martin/Gardner, 4/3/16 (copy on file):
Page 22, line 15, through page 23, line 19:
Delete all material and insert:
"*Sec. 39. AS 12.25.180 is amended to read:
Sec. 12.25.180. When peace officer fil!!!! [MAY]
issue citation or take person before the court.
(a) Except when arrest is required under another
provision of law, a peace officer shall issue a
citation when [WHEN] a peace officer stops or
contacts a person for the commission of a class C
felony offense, a misdemeanor: or the violation
of a municipal ordinance [, THE OFFICER MAY, IN
THE OFFICER'S DISCRETION, ISSUE A CITATION TO THE
PERSON] instead0 of taking the person before a
judge or magistrate under AS 12.25.150, except
the officer may arrest if [UNLESS]
(1) the person does not furnish satisfactory
evidence
(2) [THE CONTACTING OFFICER REASONABLY BELIEVES
THE PERSON IS A DANGER TO SELF OR OTHERS;
(3)] the crime for which the person is contacted
is one involving violence or harm to another
person or to property;
(3) the peace officer has probable cause to
believe the person committed a crime of escape
under AS 11.56.320 or 11.56.330, unlawful evasion
under AS 11.56.335 or 11.56.340, unlawful contact
under AS 11.56.750, or possession of child
pornography under AS 11.61.127;
(4) the person refuses to accept service of the
citation; or
(5) the peace officer reasonably believes there
is a risk the defendant will fail to appear in
court [(4) THE PERSON ASKS TO BE TAKEN BEFORE A
JUDGE OR MAGISTRATE UNDER AS 12.25.150; OR
(5) THE PEACE OFFICER HAS PROBABLE CAUSE TO
BELIEVE THE PERSON COMMITTED A CRIME INVOL YING
DOMESTIC VIOLENCE; IN THIS PARAGRAPH, "CRIME
INVOLVING DOMESTIC VIOLENCE" HAS THE MEANING
GIVEN IN AS 18.66.990].
(b) When a peace officer stops or contacts a
person for the commission of an infraction
or a violation, the officer shall issue a
citation instead of taking the person before
a judge or magistrate under AS 12.25.150,
except the officer may arrest if [UNLESS]
(1) the person does not furnish
satisfactory evidence of identity; [OR]
(2) the person refuses to accept
service of the citation; or
(3) the peace officer has probable
cause to believe the person has
committed
(A) a violation of conditions of
release under AS 11.56.757;
OR
(B) the offense of failure to
appear under AS 11.56.730."
Co-Chair MacKinnon OBJECTED for DISCUSSION.
1:43:17 PM
JORDAN SCHILLING, STAFF, SENATOR JOHN COGHILL, explained
Amendment 1. He stated that the commission recommended a
presumption of citation. Law enforcement would issue a
citation, in lieu of physical arrest, unless certain
exceptions were met. The commission made the recommendation
for nonviolent Class C felonies and misdemeanors that a
citation be issued, unless the individual was a danger to
the public, a flight risk, and various other exceptions.
The amendment was a technical restructuring of the section,
but did not change the presumption or exceptions. The
amendment removed the redundancies in the exceptions.
Co-Chair MacKinnon wondered if the amendment was a better
version of a previous amendment. Mr. Shilling replied in
the affirmative.
Co-Chair MacKinnon WITHDREW the OBJECTION. There being NO
further OBJECTION, Amendment 1 was adopted.
1:45:13 PM
AT EASE
1:45:47 PM
RECONVENED
1:45:49 PM
Co-Chair MacKinnon looked at page 110, line 12, Section 171
of the committee substitute version F. She looked at line
9, which addressed Section 140 and the effective date of
January 1, 2017. She believed that Section 71 should
reflect "Section 141 should take effect on July 1, 2018."
She queried comments on the possible error. Mr. Shilling
replied that it was the intent of legislation that the
provisions relating community residential centers (CRCs)
become effective July 1, 2018. He felt that there may have
been some miscommunication. He pointed out that Section 141
related to CRCs, not Section 140.
Vice-Chair Micciche remarked that the effective date was
captured in line 9.
Co-Chair MacKinnon MOVED to ADOPT Conceptual Amendment 2:
Page 110, line 12:
delete "140"
insert "141"
There being NO OBJECTION, it was so ordered.
Co-Chair MacKinnon directed Legislative Legal to make any
conforming changes and technical amendments to implement
the adopted amendments. There being NO OBJECTION, it was so
ordered.
SB 91 was HEARD and HELD in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 91 CSSB 91 Amendment 1 MacKinnon.pdf |
SFIN 4/4/2016 1:30:00 PM |
SB 91 |