Legislature(1999 - 2000)

04/26/1999 01:25 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                                                                                
                                                                                                                                
HB 180 - DRUGS WHERE MINORS ARE PRESENT                                                                                         
                                                                                                                                
CHAIRMAN KOTT announced that the first item of business is HB 180,                                                              
"An Act relating to the possession, manufacture, use, display, or                                                               
delivery of controlled substances while children are present."  He                                                              
noted that it had been heard by the committee previously.                                                                       
                                                                                                                                
Number 0057                                                                                                                     
                                                                                                                                
PETER TORKELSON, Researcher for Representative John Cowdery, Alaska                                                             
State Legislature, came forward on behalf of the sponsor.  He                                                                   
explained that a new work draft, Version H [1-LS0188\H, Luckhaupt,                                                              
4/22/99], corrects drafting errors brought up in the previous                                                                   
committee hearing.  This bill represents what the sponsor would                                                                 
like to say on the issue, Mr. Torkelson told members, but he is                                                                 
also open to the will of the committee regarding penalty provisions                                                             
or other matters that may need to be addressed.                                                                                 
                                                                                                                                
Number 0112                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT inquired about the changes from Version G to                                                               
Version H.                                                                                                                      
                                                                                                                                
MR. TORKELSON pointed out that probably the most substantive change                                                             
is on page 2, line 18, which in Version H reads, "(c) Endangering                                                               
the welfare of a child in the first degree under (a)(1), (2) or                                                                 
(4)".  Subparagraph (4) references the new section in the lines                                                                 
just above that, defining it as a C felony.  The drafting error                                                                 
hadn't specified to which penalty it applied.  Version H also makes                                                             
the phrase "displayed, or delivered" consistent throughout, so that                                                             
it says  "used, manufactured, displayed, or delivered".                                                                         
                                                                                                                                
Number 0211                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked about the decision to make it a Class C                                                              
felony.                                                                                                                         
                                                                                                                                
MR. TORKELSON explained that the sponsor's original intent was that                                                             
this language be part of AS 11.51.100; the Class C felony is the                                                                
basic penalty that covers that section.  However, as the committee                                                              
has noted, there are other penalties for varying degrees of                                                                     
offenses, taking into account whether or not a child was harmed,                                                                
for example.  They are amiable to amending that section, if it is                                                               
the committee's will, he added.                                                                                                 
                                                                                                                                
Number 0263                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT advised members that he was waiting for an                                                                 
amendment from Jerry Luckhaupt that would change that conduct to a                                                              
Class A misdemeanor.  He noted that it gets complicated because of                                                              
the various levels for varying physical harm.  He and the judiciary                                                             
had wanted to amend it to put Class A misdemeanor on page 2, line                                                               
19; however, that affects subparagraphs (1) and (2).                                                                            
                                                                                                                                
REPRESENTATIVE CROFT made a motion to adopt as a conceptual                                                                     
amendment that the conduct in the new subparagraph (4) be penalized                                                             
at a Class A misdemeanor level.  He expressed concerned about                                                                   
amending it specifically at this point because of possible                                                                      
unintended consequences.                                                                                                        
                                                                                                                                
REPRESENTATIVE MURKOWSKI objected for purposes of discussion.                                                                   
                                                                                                                                
CHAIRMAN KOTT suggested on page 2, line 18, making that a new                                                                   
subsection (d), to say, "Endangering the welfare of a child in the                                                              
first degree under (a)(4) of this section is a class A                                                                          
misdemeanor."  The remaining subparagraphs would be renumbered to                                                               
correspond.  He asked whether that would get to the intent.                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said he thinks so.                                                                                         
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked for confirmation that subsection (c)                                                             
would be left as it is:  (a)(1) and (2).                                                                                        
                                                                                                                                
CHAIRMAN KOTT affirmed that.                                                                                                    
                                                                                                                                
Number 0429                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA suggested they wouldn't want to call it                                                                 
"first degree," to avoid confusion.                                                                                             
                                                                                                                                
REPRESENTATIVE CROFT pointed out that it is still first degree,                                                                 
because it is all under AS 11.51.100.                                                                                           
                                                                                                                                
CHAIRMAN KOTT concurred.  He asked Representative Croft to explain                                                              
the proposed amendment.                                                                                                         
                                                                                                                                
Number 0463                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT told members that Version H, without the                                                                   
amendment, would place this on the same level of conduct as                                                                     
"intentionally deserts the child in a place under circumstances                                                                 
creating a substantial risk of physical injury to the child and the                                                             
child suffers serious physical injury" or "leaves the child with                                                                
another person who is not a parent, guardian, or lawful custodian                                                               
of the child, knowing that the person is a sex offender or has been                                                             
convicted of sex offenses, and the child suffers sexual contact or                                                              
sexual penetration."                                                                                                            
                                                                                                                                
REPRESENTATIVE CROFT pointed out that those are very serious                                                                    
"endangering the welfare of a child" issues.  More importantly, in                                                              
(a)(3), a showing is required of actual physical injury, whereas                                                                
(a)(1) and (2) regard leaving a child in conditions that everyone                                                               
can agree create a substantial risk of physical injury.  Leaving a                                                              
child, or having a child remain, in the physical presence of                                                                    
unlawful use is inappropriate behavior; it should be criminalized,                                                              
he concluded, but not at the level of leaving the child with a                                                                  
known sex offender.                                                                                                             
                                                                                                                                
Number 0601                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN referred to page 3, suggesting that reckless                                                               
disregard is a little different from having somebody just be in the                                                             
room.                                                                                                                           
                                                                                                                                
REPRESENTATIVE CROFT reported that on page 3, it is a Class A                                                                   
misdemeanor.                                                                                                                    
                                                                                                                                
REPRESENTATIVE GREEN agreed that if that is a Class A misdemeanor,                                                              
the other certainly should be.  He asked whether there is a                                                                     
significant difference between negligently allowing a child to be                                                               
there, as on page 2, and reckless disregard, as on page 3.                                                                      
                                                                                                                                
REPRESENTATIVE CROFT said that is a good question.  Section .100,                                                               
on pages 1 and 2, is "being a parent, guardian or other person                                                                  
lawfully charged with the care of".  The ones on page 2, continuing                                                             
to page 3, are "a person commits the crime if".                                                                                 
                                                                                                                                
CHAIRMAN KOTT asked if there were further questions, and whether                                                                
the objection was maintained.                                                                                                   
                                                                                                                                
Number 0700                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI withdrew her objection.                                                                                
                                                                                                                                
Number 0741                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion to adopt Version H [1-LS0188\H,                                                              
Luckhaupt, 4/22/99] as a work draft.                                                                                            
                                                                                                                                
CHAIRMAN KOTT, hearing no objection, noted that Version H was                                                                   
adopted.  He then stated that there being no objection, the motion                                                              
to adopt the conceptual amendment, as set forth by Representative                                                               
Croft, was adopted.                                                                                                             
                                                                                                                                
Number 0775                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion to move Version H, as amended,                                                               
from the committee with individual recommendations and the attached                                                             
zero fiscal note(s).  There being no objection, CSHB 180(JUD) was                                                               
so moved from the House Judiciary Standing Committee.                                                                           

Document Name Date/Time Subjects