Legislature(2009 - 2010)CAPITOL 120
04/12/2010 01:00 PM House JUDICIARY
Audio | Topic |
---|---|
Start | |
SB284 | |
SB244 | |
HB423 | |
SB239 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | SB 244 | TELECONFERENCED | |
+ | SB 239 | TELECONFERENCED | |
+ | HB 423 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | SB 284 | TELECONFERENCED | |
SB 239 - IGNITION INTERLOCK DEVICES/DUI/CHEM. TEST 2:10:21 PM CHAIR RAMRAS announced that the final order of business would be CS FOR SENATE BILL NO. 239(JUD), "An Act relating to ignition interlock devices, to refusal to submit to a chemical test, and to driving while under the influence." 2:10:42 PM REPRESENTATIVE DAHLSTROM moved to adopt the proposed House committee substitute (HCS) for CSSB 239(JUD), Version 26- LS1210\C, Luckhaupt, 4/7/10, as the work draft. There being no objection, Version C was before the committee. 2:11:15 PM [REPRESENTATIVE GRUENBERG referred to a bill that was heard earlier in the meeting - SB 284 - and said he would have signed "do pass" on the committee report had he been present during that portion of the meeting.] 2:12:20 PM SENATOR KEVIN MEYER, Alaska State Legislature, sponsor, indicated that the existing sentencing laws pertaining to the use of ignition interlock devices - which, when installed in a person's vehicle, prevent him/her from starting the vehicle when he/she has been consuming alcohol - contain some loopholes, and that SB 239 is intended to remedy those loopholes. For example, in 2009, although 3,513 court orders were issued mandating the installation of ignition interlock devices, only about 1,250 ignition interlock devices were actually installed. This is of concern because the laws pertaining to the use of ignition interlock devices are intended to help address the problem of people driving under the influence (DUI). SENATOR MEYER explained that SB 239 would [change the minimum] time period for which an ignition interlock would be required to be installed, with the time period increasing for each repeat offense; would stipulate that an ignition interlock device could be ordered regardless of whether the offender receives probation and regardless of how long any probation period might be; [and would prevent the court from suspending the requirement for an ignition interlock device]. REPRESENTATIVE GATTO mentioned that in the past, both he and Representative Gruenberg have introduced legislation pertaining to ignition interlock devices, and offered his understanding that in other states, requiring ignition interlock devices has been successful [at keeping drunk drivers off the road]. 2:15:56 PM JOSHUA P. FINK, Attorney at Law, noting that everyone has benefited from the sponsor's work on combating drunk driving in Alaska, said he supports the intent of SB 239 but is concerned that it could result in a few unintended consequences. Currently, a person could be required to install an ignition interlock device only if he/she receives probation, whereas the bill removes that limitation; and some judges have ruled that they have the authority to suspend the requirement for an ignition interlock device under certain circumstances, whereas the bill precludes judges from having that discretion. MR. FINK indicated that a problem arises with regard to the latter point because there are a significant number of [DUI] cases that don't involve alcohol, for example, such as in situations where the person is under the influence of prescription drugs or marijuana or some other substance, and so it doesn't make sense to require such a person to install an ignition interlock device, since such devices only measure for alcohol consumption. And a problem arises with regard to the former point because there are DUI cases that don't involve automobiles but instead involve other types of motorized vehicles such as snow machines, all-terrain vehicles (ATVs), [watercraft, and aircraft], and because probation isn't generally imposed in such cases, the installation if an ignition interlock device currently isn't required; the same is true for DUI cases involving people, often minors or military members, who don't own the vehicle they were driving when they were stopped for DUI. MR. FINK surmised that a solution to the aforementioned problems would be to amend the bill such that judges would be given discretion, under certain circumstances, with regard to ordering the installation of ignition interlock devices, or to amend the bill such that it would only apply in situations involving alcohol. 2:22:36 PM DENNIS A. WHEELER, Municipal Attorney, Department of Law, Municipality of Anchorage (MOA), offered his belief that SB 239 has the potential for punishing those who have made a misstep but are still working to comply with the laws regarding ignition interlock devices, more than it would punish those who aren't making any effort to comply with such laws. 2:24:19 PM JENNIFER MESSICK, Assistant Municipal Attorney, Traffic Safety Resource Prosecutor, Criminal Division, Department of Law, Municipality of Anchorage (MOA), offered her understanding that the new language in [subparagraphs (C) and (D)] of proposed AS 28.15.291(b) would only apply after a person regains the privilege to drive following a [driver's license] revocation. What is currently happening, however, is that some DUI offenders aren't taking the legal steps to regain their driver's license but are instead simply just driving again - without a license and without an ignition interlock device. Because of this, under the bill as currently written, only those DUI offenders who go through the legal process of re-obtaining their driver's license after a revocation would be subject to the punishment outlined in proposed AS 28.15.291(b). This is thereby creating an incentive for DUI offenders to not get relicensed following a driver's license revocation. MS. MESSICK, to address the perceived problem, suggested deleting the words, "after the person regains the privilege" from proposed AS 28.35.030(b)(1)(A), and inserting instead the words, "anytime a person drives or operates a motor vehicle and for a period of six months after they regain the privilege to drive". In response to comments, she reiterated her concern that as currently written, SB 239 provides DUI offenders with an incentive to not comply with the laws regarding the reinstatement of their privilege to drive. Instead, she opined, the bill should be written in such a way that those DUI offenders who do attempt to comply with those laws are rewarded - particularly given that such compliance can be expensive - or at least not punished as much as those DUI offenders who make no attempt to comply. CHAIR RAMRAS surmised, then, that the concern revolves around the issue of parity for DUI offenders. 2:33:22 PM CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State Legislature, on behalf of Senator Meyer, sponsor, explained that the language on page 2, lines 18-20 and 26-28, of Version C would address the MOA's concern by adding those who are in violation of an ignition interlock device requirement to the list of those who would be subject to mandatory sentencing, fines, and community work service under AS 28.15.291(b). This would ensure that those who do comply with the laws regarding license revocation and ignition interlock devices are rewarded a little bit more than those who don't. REPRESENTATIVE GRUENBERG expressed an interest in adding those who are convicted of criminally negligent homicide as the result of drinking and driving but who aren't charged with DUI, to the list of offenders the bill would apply to. SENATOR MEYER acknowledged that he hadn't yet focused on such offenders. MS. MARASIGAN, on the issue of adding others to the list of offenders the bill would apply to, mentioned that New Mexico had to create a fund to pay for ignition interlock devices, whereas SB 239, in contrast, would allow a DUI offender to apply the cost of an ignition interlock device towards the fines imposed. She surmised that to add other, more serious crimes to the bill would be moving away from the realm of fines provided for in the DUI statutes. SENATOR MEYER indicated that he was amenable to researching Representative Gruenberg's suggestion further, but would prefer to address such people via other legislation. MS. MARASIGAN, on the issue raised by Mr. Fink regarding DUI offenses that don't involve alcohol, acknowledged that such is a problem, and suggested that one way to address it would be to alter the proposed language on page 4, line 28-29, and page 6, lines 6-7, such that it would only preclude a judge from suspending the requirement for an ignition interlock device in DUI cases involving alcohol. With regard to the issue of DUI cases that don't involve automobiles, she offered her understanding that although the technology exists to put ignition interlock devices on other types of motorized vehicles, the statutory definition regarding what constitutes a motor vehicle would have to be revisited. REPRESENTATIVE HOLMES expressed an interest in addressing the issue of DUI cases that don't involve alcohol, surmising that to require the installation of an ignition interlock device in such cases serves no purpose. The committee took an at-ease from 2:43 p.m. to 2:45 p.m. CHAIR RAMRAS, after ascertaining that no one else wished to testify, closed public testimony on SB 239. 2:46:18 PM REPRESENTATIVE HOLMES made a motion to adopt Conceptual Amendment 1, to add the words "for alcohol-related offenses" to page 4, line 29, and to page 6, line 7, after the word "device". CHAIR RAMRAS objected for the purpose of discussion. REPRESENTATIVE HOLMES explained that under Conceptual Amendment 1, the court would be precluded from suspending the requirement for an ignition interlock device only in those DUI cases that involve alcohol. CHAIR RAMRAS removed his objection, and, after ascertaining that there were no further objections, announced that Conceptual Amendment 1 was adopted. SENATOR MEYER indicated approval of Conceptual Amendment 1. 2:48:05 PM REPRESENTATIVE DAHLSTROM moved to report the proposed House committee substitute (HCS) for CSSB 239(JUD), Version 26- LS1210\C, Luckhaupt, 4/7/10, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 239(JUD) was reported from the House Judiciary Standing Committee.