Legislature(2015 - 2016)GRUENBERG 120
04/13/2016 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB174 | |
| HB347 | |
| SB121 | |
| SB123 | |
| SJR2 | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 347 | TELECONFERENCED | |
| + | SB 123 | TELECONFERENCED | |
| + | SJR 2 | TELECONFERENCED | |
| + | SB 121 | TELECONFERENCED | |
| += | SB 91 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 174 | TELECONFERENCED | |
SB 123-USE OF ELECTRONIC DEVICES WHILE DRIVING
2:20:38 PM
CHAIR LEDOUX announced that the next order of business would be
CS FOR SENATE BILL NO. 123(JUD), "An Act relating to the bail
forfeiture schedule and the penalty for the use of electronic
devices while driving; and providing for an effective date."
2:21:06 PM
SENATOR KEVIN MEYER, Alaska State Legislature, said that SB 123
mirrors an Anchorage Assembly ordinance that lowers the penalty
for texting while driving from a class A misdemeanor, which
carries up to a $10,000 fine and one year in jail, to a
violation of $500. He explained that the thought behind
lowering the penalty is that by allowing law enforcement to
issue a ticket immediately, it will result in a stronger
deterrent and provide swift punishment for those who engage in
distracted driving. Another aspect of current law, which was
originally part of Representative Gruenberg's bill, included
higher penalties for those found guilty of texting while driving
that resulting in an injury or death, and it will not be changed
by this legislation. The intent is to prevent injury or death
by being able to write a citation when law enforcement sees
someone texting and driving. He related that the current class
A misdemeanor charge of texting and driving is not working
because it requires obtaining and serving a search warrant,
obtaining the cell phone, investigating the contents of the cell
phone, and then trying the case in a court of law. He pointed
out that the cost of prosecuting individuals has proven to be a
deterrent for law enforcement to charge individuals. For
example, he said, since 2011, when the Anchorage [ordinance]
went into effect, only 20 individuals have been charged while
texting and of those only four resulted in a conviction. Under
SB 123, an officer witnessing an individual texting while
driving can pull the person over and immediately issue a
citation. The person will still have the right to appeal the
citation, but the process would be handled through traffic court
rather than tying up criminal courts. Finally, he related, "the
bill adds the violation to the bail schedule" and establishes an
effective date of July 1, 2016, to give the court system time to
update the schedule. There is a zero fiscal note, he said, and
it is not intended to be a revenue bill, it is meant to be a
deterrent to texting while driving.
2:23:54 PM
REPRESENTATIVE CLAMAN opined that this looks like an idea from
the Anchorage Assembly.
SENATOR MEYER agreed that it did come from the Anchorage
Assembly, and passed last fall. He opined that it seems to be
working for them thus far, and he thought that if it is a good
ordinance, it is probably a good state law.
REPRESENTATIVE CLAMAN commented that it is consistent with the
crime bill in terms of recognizing that rather than locking
people up, giving law enforcement the option to write a
citation.
CHAIR LEDOUX said that Representative Claman mirrored her
thoughts.
REPRESENTATIVE KREISS-TOMKINS noted that he heard the bill in
House State Affairs Standing Committee and it seems like a good
idea.
CHAIR LEDOUX listed witnesses available to answer questions, and
opened public testimony. After ascertaining no one wished to
testify, closed public testimony.
2:25:51 PM
CHAIR LEDOUX advised that SB 123 would be set aside.
[SB 123 was held over.]