Legislature(2015 - 2016)BUTROVICH 205
02/25/2016 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings on Governor Appointees | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 91 | TELECONFERENCED | |
SB 91-OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS
10:24:39 AM
CHAIR STOLTZE announced the consideration of SB 91. He noted
Senator Coghill has four amendments to the bill.
SENATOR JOHN COGHILL, sponsor of SB 91, noted four amendments
resulting from conversations with the Office of Victims' Rights,
law enforcement, shelters for domestic violence, and new
concepts in law. He said the goal is to make sure the public is
safer.
10:26:39 AM
He explained that Amendment 1 is the largest and changes several
sections; it is under the misdemeanor section and would remove
domestic violence assaults from the trier fact to ensure that
domestic violence assault in the fourth degree can be sentenced
within the normal range of the misdemeanor-A range of zero to
365 days or a year. He added that Amendment 1 will also take
harassment-2, trespass-2, and criminal mischief-5 back to class-
B misdemeanors; these changes involve Sections 8, 13, 26, and
27.
He related that under felonies, the inflation adjustment was
taken out of the felony theft level. The criminal negligence
homicide of a child remained the same. Sex offenders were
excluded from administrative parole in Section 95, as were
geriatric sex offenders. Administrative parole was made
discretionary.
10:30:07 AM
He addressed changes in probation. In Section 61, the maximum
term of probation for an unclassified felony was increased to
ten years. Under probation and parole, unclassified felonies of
sexual assault and domestic violence were excluded from the
presumptive early discharge. Language requiring victims to
testify was also deleted.
He explained that suspended entry of judgement excludes domestic
violence offenses under Section 59. He said there were changes
in controlled substance; heroin was moved into its own category
and methamphetamine precursor language was added.
10:32:26 AM
JORDAN SCHILLING, Staff, Senator Coghill, Alaska State
Legislature, provided information about SB 91 on behalf of the
sponsor. He explained changes to the misconduct involving
controlled substances, responding to concerns by the Office of
Victims Rights (OVR). The meth precursor language was added back
into the bill and the enhanced presumptive range for delivery to
an individual under 19 will come back up to the unclassified
felony range, rather than the Class A felony range. There was
also concerns from Law and OBR that it wouldn't be prudent to
change the enhanced sentence for possessing drugs within 500
feet of a school. That was moved to its existing level. Another
concern from OVR was the change of the enhanced presumptive
range for manufacture of methamphetamine in a residence where a
child resides, so that was also left at its existing range of 7
to 11 years.
SENATOR COGHILL clarified that it was returned back to the
higher felony.
He addressed a change requested by law enforcement in Anchorage,
on page 21, lines 15 and 25. He asked which section that was
found in.
MR. SCHILLING clarified that it is in AS 12.25.180 or Section
37.
SENATOR COGHILL continued to explain that the change is
regarding someone who is a "significant" danger to self and
others. The word "significant" was removed. Exceptions for
sexual offenses were created. Also, a new subsection was created
that offers liability immunity for police officers when making
quick judgement calls.
10:35:49 AM
He discussed an amendment regarding random drug testing for
those who have been convicted for a drug offense. He said it is
a Title 47 issue. The amendment states that those in welfare
system programs will be required to participate in random drug
testing. He said it is a public safety issue.
CHAIR STOLTZE stated that the amendment is focused only on those
in the criminal justice system.
SENATOR COGHILL agreed. He added that the purpose is for
accountability and marijuana testing was excluded at this time
due to questions about testing.
CHAIR STOLTZE noted that the amendments are posted on BASIS.
SENATOR COGHILL said Amendment 1 is the most complicated.
CHAIR STOLTZE suggested a brief description of each be included
in the posting. He thanked Senator Coghill for including
comments from the public into the changes.
SENATOR COGHILL described the extensive number of meetings that
took place. He maintained that the bill is a work in progress,
but the most troublesome areas have been addressed.
CHAIR STOLTZE commented on the outreach to police officers and
that their testimony is reflected in the changes.
SENATOR COGHILL concluded that the guiding principal is to keep
people safe.
CHAIR STOLTZE pointed out that the amendments will most likely
be rolled into the bill.
10:41:30 AM
SENATOR HUGGINS complimented the committee and the sponsor for
accommodating outside opinions and ideas, as well for saving
money.
SENATOR MCGUIRE agreed and appreciated the work the sponsor and
committee have done, and the balance in the bill between
protection, victims' rights, and costs. She called it one of the
best pieces of legislation in her career.
CHAIR STOLTZE appreciated Commissioner Williams' following of
the legislation.
CHAIR STOLTZE held SB 91 in committee.