Legislature(1999 - 2000)
02/01/2000 01:45 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 180
"An Act relating to the possession, manufacture, use,
display, or delivery of controlled substances while
children are present."
CONOR SULLIVAN, STAFF, REPRESENTATIVE JOHN COWDERY, stated
that existing statutes acknowledges that children should not
be allowed to enter or remain where drugs are stored or
sold. However, current law does not prohibit the
manufacture or use of drugs in the presence of children. HB
180 would correct that situation.
Mr. Sullivan commented that new language in HB 180 expands
the sphere of space in which the co-presence of children and
drugs are forbidden. By using the phrase, "in the immediate
physical presence of", children are protected in outdoor
situations like a yard, campsite, or park bench. Stiffer
penalty provisions send the clear message that children and
drugs do not mix.
Mr. Sullivan added that HB 180 would remove redundant
language from the existing statutes under AS 11.51.130.
Representative G. Davis asked the definition of a
"controlled substance". Mr. Sullivan replied that it would
not include alcohol.
Vice Chair Bunde pointed out that marijuana was the topic of
frequent discussion. He commented on the legislation passed
regarding the medical use of marijuana. Mr. Sullivan
understood that the medical marijuana law would prohibit any
prosecution toward a registered person using marijuana.
Representative J. Davies asked the controlled substances
which would fall under this legislation. He inquired if the
intent of the legislation was to modify "unlawfully" having
the drugs around. He suggested that some of the drugs on
the controlled list might be considered common substances.
He questioned the ambiguity of including the language
"unlawfully".
Co-Chair Therriault commented on concerns which he had
spoken with Representative Cowdery regarding. Specifically,
Section #1, "endangering the welfare of a child knowingly".
He asked the level of proof associated with that phrase.
Co-Chair Therriault believed that the parent should not be
responsible for providing the higher burden of proof. There
must be greater consistency placed in statute regarding the
fine being levied and the Class A misdemeanor.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, CRIMINAL
DIVISION, DEPARTMENT OF LAW, noted that "controlled
substances" were defined in AS 11.71.900 and would include
all the substances included on the list of those that are
"illegal" in the drug laws. She noted that with regard to
medical marijuana, all sections of the bill do use the
language "unlawfully" used in possession.
Representative Williams pointed out that there are current
laws that cover these concerns. He asked how the proposed
legislation would affect those laws. Ms. Carpeneti
responded that the proposed legislation does not address the
drug crime itself but rather addresses exposing children to
unlawful conduct involving drugs. The assumption is that
witnessing this would not be a good thing for children to
see.
Representative Williams asked if this legislation would
affect the school laws. Ms. Carpeneti explained that it
would penalize the person that does possess the drug during
school. These are different laws from the ones in the
current school code. She emphasized that the proposed
intent also provides different societal interests.
Co-Chair Therriault advised that some of these concerns have
already been covered through other legislation. Ms.
Carpeneti noted that on Page 3, language the sale of the
drug. The proposed bill would expand that prohibition to
include terms of "contributing to the delinquency of a minor
and endangering the welfare of a child". The Department's
position recommends a little "fine tuning", so that there is
no repetitive language.
Co-Chair Therriault voiced concern that the North Pole has
become the "meth" capitol of Interior Alaska. He voiced
concern that it is being manufactured on site. Co-Chair
Therriault stressed that there is a high level of chemical
substances found in many drug busts.
In response to a question by Vice Chair Bunde, Ms. Carpeneti
clarified that the legislation does not include alcohol. She
noted that children can not be in a house with stored
prohibited substances under current law. The proposed
legislation would make that act more serious becoming a
Class A misdemeanor.
Representative G. Davis referred to Page 2, Line 12,
"displayed" and asked what the language referred to. Mr.
Sullivan replied that the intent of that language was to
remove the word "sale". Sometimes a "sale" cannot be
proven.
BLAIR MCCUNE, ALASKA PUBLIC DEFENDER'S AGENCY, ANCHORAGE,
(TESTIFIED VIA TELECONFERENCE) questioned how the
legislation would interrelate with the Child in Need of Aid
proceedings. He noted that sometimes-criminal cases are
brought to the proceedings when there is serious physical or
sexual abuse. However, more often than not, these cases do
not rise to the level of neglect that would be classified as
to the level of criminal behavior.
Mr. McCune pointed out that those persons involved in the
Child in Need of Aid proceedings oftentimes have strong
motives to amend the behavior that caused the problem.
Frequently, they are willing to undertake treatment so that
they can get their children back. Mr. McCune recommended
that the Committee be cautious when taking the proposed
steps.
Mr. McCune noted that there are many instances where drug
abuse does not affect the children. He questioned the need
to implement an additional statute when it is already
understood to be criminal. He recommended that the
Committee consider this situation. The effect that the
legislation would have on a family is a consideration that a
judge should take into consideration. He reiterated the
questionable need for such criminal sanction.
Representative J. Davies advised that there are other
circumstances which could be problematic. Mr. McCune asked
if there was a need for the child to be aware that something
was "occurring" in a given situation and location. He asked
what would occur if the parent thought that there was drug
activity going on in a house and then took quick steps to
arrest it. He stressed that arrangements would be made for
the children if the problem was not addressed.
Co-Chair Therriault noted that a copy of the committee
substitute would be provided to Mr. McCune. Co-Chair
Therriault advised that the bill would be held for further
discussion at a later date.
HB 180 was HELD in Committee for further discussion.
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