02/02/2009 01:00 PM House JUDICIARY

HB 98 - MINOR CONSUMING                                                                                                       
                                                                                                                                
1:18:21 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE  BILL NO.  98,  "An  Act relating  to  minor consuming  and                                                               
repeat minor consuming; and providing for an effective date."                                                                   
                                                                                                                                
1:18:41 PM                                                                                                                    
                                                                                                                                
JANE W.  PIERSON, Staff, Representative Jay  Ramras, Alaska State                                                               
Legislature, explained  that HB  98 will fix  a problem  that was                                                               
created when  the language  of House Bill  359, which  passed the                                                               
House in  2008, was incorporated  into the "omnibus  crime bill."                                                               
In part,  HB 98 will  add to AS 04.16.050(c)  language pertaining                                                               
to a  previously granted suspended imposition  of sentence (SIS),                                                               
and   language   referencing   a  prior   conviction   under   AS                                                               
04.16.050(b)(2),  thus covering  all  instances  of repeat  minor                                                               
consuming crimes  regardless of how a  particular previous charge                                                               
has been  adjudicated.  In  response to questions,  she indicated                                                               
that  although   House  Bill  359  only   excluded  those  repeat                                                               
offenders  who  were placed  on  probation  from the  ability  to                                                               
petition the  court for termination  of probation, because  it is                                                               
not  always the  case that  an offender  is placed  on probation,                                                               
HB 98 will  now ensure that  any previously granted SIS  or prior                                                               
conviction  under AS  04.16.050(b)(2), which  includes subjecting                                                               
the  offender  to  probation,  will   be  considered  a  previous                                                               
offense, thereby also precluding anyone  guilty of a repeat minor                                                               
consuming crime,  regardless of  how that crime  was adjudicated,                                                               
from petitioning the court for termination of probation.                                                                        
                                                                                                                                
MS.  PIERSON,   in  response   to  another   question,  expressed                                                               
satisfaction with the current language of Section 1.                                                                            
                                                                                                                                
CHAIR RAMRAS, speaking as the sponsor  of HB 98, in response to a                                                               
further question, offered his recollection  that as a result of a                                                               
change made in  the House Finance Committee, a  person could only                                                               
be placed on probation for one year for a minor consuming crime.                                                                
                                                                                                                                
MS.  PIERSON, in  response to  a question,  explained that  under                                                               
HB 98, an SIS  would still be counted by the  courts for purposes                                                               
of sentencing, and thus any  further offenses would be considered                                                               
repeat offenses.                                                                                                                
                                                                                                                                
1:29:46 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Criminal  Division, Department  of Law  (DOL), clarified                                                               
that when  an SIS  has been granted,  "the conviction  stays" and                                                               
will therefore be counted by the judge as a prior offense.                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG,  referring to Sections  1 and 2  of the                                                               
bill, noted that  proposed AS 04.16.050(d) requires  the court to                                                               
notify  the  Division  of  Motor  Vehicles  (DMV)  regarding  the                                                               
revocation of the person's driver's  license, whereas proposed AS                                                               
04.16.050(c) doesn't  require such  notification.   He questioned                                                               
whether  AS   04.16.050(c)  should   be  amended  to   include  a                                                               
notification requirement.                                                                                                       
                                                                                                                                
MS. CARPENETI  explained that that  language is part  of existing                                                               
law,  and surmised  that perhaps  with  the shorter,  three-month                                                               
revocation period  required under  AS 04.16.050(c),  the offender                                                               
simply gives his/her driver's license  to the judge.  She offered                                                               
to  research  that  issue  further,  but  noted  that  she's  not                                                               
received  any  information indicating  that  that  aspect of  the                                                               
statutes isn't working as is.                                                                                                   
                                                                                                                                
MS. PIERSON  predicted that  there wouldn't  be any  problem with                                                               
making a conforming amendment to  AS 04.16.050(c), but offered to                                                               
research that issue further.                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  is merely  questioning whether                                                               
the statute  requiring the shorter  revocation period  warrants a                                                               
notification provision.                                                                                                         
                                                                                                                                
CHAIR  RAMRAS  indicated that  the  purpose  of  the bill  is  to                                                               
recognize  habitual  illegal  behavior  by minors,  and  that  he                                                               
didn't have  any desire  to alter the  other provisions  of these                                                               
statutes.                                                                                                                       
                                                                                                                                
MS. PIERSON, in response to  comments, said she didn't think that                                                               
there has been  any problem with the  existing language regarding                                                               
notification.                                                                                                                   
                                                                                                                                
1:35:15 PM                                                                                                                    
                                                                                                                                
DALE  FOX, President  & CEO,  Alaska Cabaret  Hotel Restaurant  &                                                               
Retailer's Association  (Alaska CHARR), after noting  that one of                                                               
the  goals of  the Alaska  CHARR is  to fight  underage drinking,                                                               
expressed support  for the provisions  of 2008's House  Bill 359,                                                               
and characterized  the changes  proposed via  HB 98  as important                                                               
technical fixes.                                                                                                                
                                                                                                                                
1:36:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN moved  to report HB 98 out  of committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection, HB  98  was reported  from the  House                                                               
Judiciary Standing Committee.