Legislature(2007 - 2008)CAPITOL 120
02/08/2007 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Briefing on the Myers and Wetherhorn Alaska Supreme Court Decisions | |
| HB7 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 90 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 7 | TELECONFERENCED | |
HB 7 - FALSE CALLER IDENTIFICATION 1:44:27 PM CHAIR RAMRAS announced that the final order of business would be HOUSE BILL NO. 7, "An Act relating to false caller identification." [Before the committee was the proposed committee substitute for HB 7, Version LS0057\C, Bannister, 2/2/07, which had been adopted as the work draft and amended on 2/5/07.] 1:45:46 PM REPRESENTATIVE COGHILL moved to adopt the proposed committee substitute (CS) for HB 7, Version 25-LS0057\M, Bannister, 2/8/07, as the work draft. REPRESENTATIVE LYNN objected for the purpose of discussion. 1:46:33 PM JANE W. PIERSON, Staff to Representative Jay Ramras, Alaska State Legislature, reviewed the changes encompassed in Version M. On page 1, lines 4-5, the language, "A person may not insert false information into a caller identification system with the intent to defraud" was deleted and the following language inserted: "A person may not make a call and insert false information into a caller identification system with the intent to defraud". She explained that the aforementioned change should satisfy both the committee's amendment to insert "or transmit" and Legislative Legal and Research Services' recommendation that such language would make the [bill consistent]. She then pointed out that the language on page 1, lines 10-11, was developed by Legislative Legal and Research Services in order to address the committee's [request to have language that would help define the crime]. The language inserted read: (c) A person who violates (a) of this section by inserting, whether by making one call or more than one call, false information into (1) four caller identification systems is guilty of a class B misdemeanor; (2) five or more caller identification systems is guilty of a class A misdemeanor. MS. PIERSON highlighted that Version M also includes an additional definition of "call" on page 2, lines 2-3, as follows: "means a call made by telephone, computer, or similar communication device or technology, whether transmitted by wire or wireless means;". REPRESENTATIVE SAMUELS drew attention to the new language on page 1, line 13, which refers to "four caller identification systems", and questioned whether it should instead use the following language: "less than five". MS. PIERSON relayed that she just spoke with Anne Carpeneti and was advised that the language should refer to "less than five". REPRESENTATIVE LYNN removed his objection. CHAIR RAMRAS announced that Version M was before the committee. 1:49:54 PM REPRESENTATIVE SAMUELS made a motion to adopt Amendment 1, to delete the word, "four" on page 1, line 13, and replace it with the words, "less than five". There being no objection, Amendment 1 was adopted. REPRESENTATIVE COGHILL asked whether the language in Version M addresses the due process issue raised in the memorandum from Theresa Bannister, the drafter, dated 2/8/07. 1:50:57 PM DIRK MOFFATT, Staff to Representative Bob Lynn, Alaska State Legislature, remarked on behalf of Representative Lynn, joint prime sponsor, that there is some disagreement between Legislative Legal and Research Services and the Department of Law on that issue. 1:51:17 PM ANNE CARPENETI, Assistant Attorney General, Legal Services Section-Juneau, Criminal Division, Department of Law (DOL), offered her understanding from Ms. Bannister's memorandum that Ms. Bannister is concerned that if one inserts information into five caller identification systems, a prosecutor could charge the individual with either a class A misdemeanor or class B misdemeanor. The adoption of Amendment 1, however, should satisfy that concern, Ms. Carpeneti opined. In response to a comment, she pointed out that similar leeway can be found in all criminal statutes. REPRESENTATIVE GRUENBERG opined that the drafter, with regard to the concern she stated in her memorandum, is wrong. MS. CARPENETI concurred. In further response to Representative Gruenberg, she said she isn't aware of any case that is on point to support the conclusions of the drafter. However, she recalled that there are decisions addressing a situation in which there are two different statutes of different levels and the act of the defendant could reasonably be charged under either offense. The aforementioned is a constitutional problem and results in the individual being charged under the less serious offense. REPRESENTATIVE GRUENBERG noted that as a matter of logic, the greater always includes the lesser. CHAIR RAMRAS concurred. MS. CARPENETI, in response to a comment, informed the committee that prosecutors have the discretion to charge and resolve cases at a lower level than they might possibly be charged or resolved. The aforementioned would apply with regard to [Version M, as amended]. 1:55:40 PM REPRESENTATIVE SAMUELS moved to report the proposed CS for HB 7, Version 25-LS0057\M, Bannister, 2/8/07, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 7(JUD) was reported from the House Judiciary Standing Committee.
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