03/27/1996 01:30 PM Senate JUD

         SB 268 PRETRIAL RELEASE FOR CERTAIN OFFENSES                         
                                                                              
 SENATOR LEMAN stated version K accommodates the Chair's concerns              
 and is similar to the original version of the bill.  Language was             
 included on page 2, lines 27 through 31, to address previously                
 discussed concerns about firearms and knives.                                 
                                                                               
 SENATOR TAYLOR added that references to AS 04 were omitted from               
 version K.  SENATOR LEMAN agreed the bill title was changed and any           
 reference to alcohol was removed, making the bill more similar to             
 the original version of SB 268.                                               
                                                                               
 SENATOR TAYLOR felt lines 19 through 21 to be too restrictive as it           
 would prevent a person who might need to use a portable                       
 communications device in the course of employment from doing so,              
 when that person has only been alleged to have committed a crime.             
                                                                               
 SENATOR LEMAN clarified the court would consider the list of                  
 conditions, as well as the person's previous record.  It has become           
 increasingly difficult to keep repeat drug offenders off the                  
 streets in the Municipality of Anchorage: the offenders are dealing           
 drugs within hours of an arrest.  In such a case, a judge would               
 have the ability to decide which conditions would be appropriate.             
 Police are finding that cellular phones are a tool of the drug                
 trade.                                                                        
                                                                               
 Number 099                                                                    
                                                                               
 SENATOR TAYLOR asked if version K includes conditions of release              
 under AS 12.30.020, the domestic violence statute.  SENATOR LEMAN             
 replied AS 12.30.020 is the general authority for conditions.                 
 Section 2 ensures that general bail conditions, plus the conditions           
 laid out in SB 268, are considered for domestic violence offenses.            
                                                                               
 SENATOR TAYLOR questioned whether the same restriction on portable            
 telephone use apply to domestic violence offenders.  SENATOR LEMAN            
 indicated it could be, but the bill does not provide for that                 
 explicit authority.  This legislation provides that particular                
 condition only for release before trial involving controlled                  
 substances.                                                                   
                                                                               
 SENATOR ADAMS asked if on page 2, line 27, the words "possession or           
 control" were supposed to replace the word "person."  SENATOR                 
 TAYLOR believed that language was only to apply to knives, and                
 subsection (4) pertains to controlled substances.                             
                                                                               
 SENATOR ADAMS inquired whether Section 2 is in concert with the               
 Governor's domestic violence legislation.  SENATOR TAYLOR replied             
 the Governor's legislation is quite comprehensive; Section 2 is one           
 small step.                                                                   
                                                                               
 SENATOR GREEN moved the adoption of CSSB 268(JUD) (version K).                
 There being no objection, the motion carried.                                 
                                                                               
 SENATOR GREEN moved CSSB 268(JUD) out of committee with individual            
 recommendations.  There being no objection, the motion carried.