03/22/2011 01:30 PM House FINANCE

HOUSE BILL NO. 175                                                                                                            
                                                                                                                                
     "An  Act relating  to an  appearance before  a judicial                                                                    
     officer  after   arrest;  relating  to   penalties  for                                                                    
     operating a  vehicle without possessing proof  of motor                                                                    
     vehicle  liability  insurance  or a  driver's  license;                                                                    
     relating  to  penalties  for  certain  arson  offenses;                                                                    
     amending  Rule   5(a)(1),  Alaska  Rules   of  Criminal                                                                    
     Procedure,   and   Rule    43.10,   Alaska   Rules   of                                                                    
     Administration; and providing for an effective date."                                                                      
                                                                                                                                
2:18:46 PM                                                                                                                    
                                                                                                                                
JOHN  J.   BURNS,  ATTORNEY  GENERAL,  DEPARTMENT   OF  LAW,                                                                    
explained    that   HB    175   would    provide   statutory                                                                    
clarifications.                                                                                                                 
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY GENERAL,  LEGAL SERVICES                                                                    
SECTION,  CRIMINAL  DIVISION,  DEPARTMENT OF  LAW,  provided                                                                    
details about  the legislation. House  Bill 175  would solve                                                                    
four  inconsistencies  between  the   court  rules  and  the                                                                    
statutes. She  explained that  three of  the inconsistencies                                                                    
had been  created over  the years  with statutes  enacted in                                                                    
one   year   and   later    changed;   she   took   personal                                                                    
responsibility for  the fourth one, which  resulted from the                                                                    
comprehensive updating  and revision  of bail  statutes that                                                                    
was passed the  year prior. There was one  mistake: the bill                                                                    
changed the  deadline before which  a person arrested  for a                                                                    
crime had  to be brought  before a judicial officer  from 24                                                                    
hours to  48 hours.  She added that  the law  still provided                                                                    
that  a person  arrested had  to be  brought in  front of  a                                                                    
judicial officer  without unnecessary delay;  however, there                                                                    
were cases in  which 48 hours was much  more practical, such                                                                    
as arrests made in the  early-morning hours. There were also                                                                    
cases in  which it was  not possible  to find the  victim in                                                                    
time to provide notification of the arraignment.                                                                                
                                                                                                                                
Ms.  Carpeneti  noted  that the  issue  had  been  discussed                                                                    
extensively  the previous  year.  The court  rules had  been                                                                    
changed (at  the department's  suggestion), but  the statute                                                                    
had not been  brought before the legislature  to be changed.                                                                    
She detailed  that HB  175 would change  the statute  in the                                                                    
arrest law and in the extradition law.                                                                                          
                                                                                                                                
Ms.   Carpeneti   reviewed   the  first   of   three   other                                                                    
inconsistencies  that  would be  addressed  by  HB 175.  She                                                                    
detailed  that  there  was an  inconsistency  regarding  the                                                                    
penalty  for  failing  to  carry  a  driver's  license  when                                                                    
operating  an  automobile;  it   was  currently  a  Class  B                                                                    
misdemeanor,  but  under the  bail  schedules  in the  court                                                                    
rules,  it   was  also  a   $50  correctable   offense.  The                                                                    
legislation would  make the  offense of  failing to  carry a                                                                    
driver's  license  an  infraction  rather  than  a  Class  B                                                                    
misdemeanor.                                                                                                                    
                                                                                                                                
Ms. Carpeneti reviewed the second  inconsistency in the law,                                                                    
related to  failure to carry  proof of  automobile insurance                                                                    
while driving.  Under Title  28, the offense  was a  Class B                                                                    
misdemeanor;  it  was  also  on  the  bail  schedules  as  a                                                                    
correctable offense  with a mandatory fine  of $500 dollars.                                                                    
House Bill 175 would make  the activity an infraction with a                                                                    
mandatory fine  of $500 dollars  for failure to  carry proof                                                                    
of insurance,  but it would  be correctable; a  person could                                                                    
bring proof  of insurance to  the police department  and the                                                                    
offense would be dismissed.                                                                                                     
                                                                                                                                
Ms. Carpeneti  reviewed a  [third] inconsistency  related to                                                                    
the arson  law. In  2006, the  legislature created  the Knik                                                                    
River Public  Use Area. The Department  of Natural Resources                                                                    
was  asked to  adopt  regulations regarding  conduct in  the                                                                    
area,  and required  the court  system to  establish a  bail                                                                    
schedule for the  offenses. One of the  offenses was burning                                                                    
a vehicle in  the public use area, which carried  a $50 fine                                                                    
in the bail  schedule. Two years later  in 2008, legislation                                                                    
was adopted making  the offense of burning a  vehicle on any                                                                    
public  property   a  Class  C  felony.   Therefore  it  was                                                                    
currently  a Class  C felony  to set  fire to  a vehicle  on                                                                    
property  in any  place besides  the Knik  River Public  Use                                                                    
Area, where it would still result only in a $50 fine.                                                                           
                                                                                                                                
2:24:34 PM                                                                                                                    
                                                                                                                                
Representative Joule  queried the issue of  not possessing a                                                                    
driver's  license  while  driving. He  wondered  whether  it                                                                    
helped if a  person knew the pertinent  information (such as                                                                    
the driver's license number and expiration dates).                                                                              
                                                                                                                                
Ms.  Carpeneti believed  the situation  could depend  on how                                                                    
well the  officer who stopped  the person knew them.  In any                                                                    
case,  a  person could  later  bring  the license  into  the                                                                    
police  department, and  the charge  would  be dismissed  or                                                                    
voided.                                                                                                                         
                                                                                                                                
HB  175  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.