Legislature(2013 - 2014)CAPITOL 120

03/04/2013 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 104 ELECTION PROCEDURES; REAA ADVISORY BOARDS TELECONFERENCED
Scheduled But Not Heard
*+ HB 105 PROPERTY CRIMES TELECONFERENCED
Heard & Held
+ SJR 2 LIMIT FEDERAL INTERVENTION IN STATE TELECONFERENCED
Moved HCS CSSJR 2(JUD) Out of Committee
+ SJR 6 OPPOSE EXECUTIVE ORDERS ON GUN CONTROL TELECONFERENCED
Moved HCS SJR 6(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 83 FEDERAL REGULATIONS & EXECUTIVE ORDERS TELECONFERENCED
Moved CSHB 83(JUD) Out of Committee
+= HB 81 2013 REVISOR'S BILL TELECONFERENCED
Heard & Held
                    HB 105 - PROPERTY CRIMES                                                                                
                                                                                                                                
2:02:52 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE  BILL NO.  105,  "An  Act relating  to  theft and  property                                                               
offenses; and providing for an effective date."                                                                                 
                                                                                                                                
2:03:24 PM                                                                                                                    
                                                                                                                                
JANE  W. PIERSON,  Staff, Representative  Steve Thompson,  Alaska                                                               
State  Legislature,  on  behalf of  the  sponsor,  Representative                                                               
Thompson, explained  that the purpose of  HB 105 is to  raise the                                                               
monetary-threshold  amount  that  distinguishes  certain  felony-                                                               
level  offenses  against  property  from  like  misdemeanor-level                                                               
offenses.    A handout  included  in  members' packets  from  the                                                               
National  Conference  of   State  Legislatures'  (NCSL's)  report                                                               
titled,   "Principles   of   Effective   State   Sentencing   and                                                               
Corrections Policy" says in part:                                                                                               
                                                                                                                                
     Review and revision of  mandatory minimum sentences for                                                                    
     some offenders  and update  of felony  theft thresholds                                                                    
     are among  the significant ways state  legislatures are                                                                    
     modernizing   criminal   codes   to   reflect   current                                                                    
     circumstances and needs                                                                                                    
                                                                                                                                
MS.  PIERSON offered  her understanding  that to  date, 22  other                                                               
states have  adjusted their  monetary-threshold amounts  [for the                                                               
crime  of theft],  and that  Alaska's current  monetary-threshold                                                               
amounts for  the crimes of  theft - outlined  in AS 11.46  - were                                                               
adopted  back in  1978  and  have not  since  been adjusted  [for                                                               
inflation].    Making such  adjustments  for  property crimes  is                                                               
common  throughout  the  country,   and  a  handout  included  in                                                               
members'  packets outlining  the  monetary-threshold amounts  for                                                               
all 50 states [and the  District of Columbia] illustrates that 29                                                               
other  [jurisdictions]  now   have  a  monetary-threshold  amount                                                               
higher  than  Alaska's;  that 14  other  [jurisdictions]  have  a                                                               
monetary-threshold amount  the same  as Alaska's  current amount;                                                               
and  that  [7  other  jurisdictions]  have  a  monetary-threshold                                                               
amount lower than Alaska's.                                                                                                     
                                                                                                                                
MS.  PIERSON explained  that currently  under AS  11.46.130(a), a                                                               
person who  steals something with a  value of $500 or  more could                                                               
be  charged with  the crime  of theft  in the  second degree  - a                                                               
class C felony - and,  if convicted, then suffer the consequences                                                               
of  being a  felon for  the rest  of his/her  life.   Raising the                                                               
monetary-threshold amount  for the  crimes of  theft is  a policy                                                               
call  for the  legislature to  make.   She then  referred to  two                                                               
charts - titled  in part, "Criminal Theft  Charges" and "Criminal                                                               
Theft Charge Dispositions" - prepared  by the Alaska Court System                                                               
(ACS) and included in members'  packets, and relayed that the ACS                                                               
was available  to address the statistics  included therein, which                                                               
include statistics  regarding the  crime of  theft in  the second                                                               
degree for calendar year 2012.                                                                                                  
                                                                                                                                
MS.  PEIRSON  assured  the committee  that  in  raising  Alaska's                                                               
monetary-threshold   amount  distinguishing   felony-level  theft                                                               
crimes from  misdemeanor-level theft  crimes, the sponsor  is not                                                               
indicating  a  belief that  thieves  should  go  free or  not  be                                                               
charged.  Nobody  likes a thief, and nobody wants  to see a thief                                                               
go  unpunished.   Property crime  victimizes everyone;  whether a                                                               
victim is  left feeling violated  for having  his/her possessions                                                               
stolen, or whether  consumers are left with  the financial burden                                                               
of  making  up  for  retail  theft  -  everyone  experiences  the                                                               
problems  caused by  theft.   Under HB  105, guilty  persons will                                                               
still  face  justice, and  the  court  could still  require  that                                                               
restitution and fines  be paid, and could still  be aggressive in                                                               
sentencing perpetrators  to the fullest  extent of the law.   The                                                               
sponsor,  she  relayed,  requests  that  the  committee  consider                                                               
HB 105 and its passage.                                                                                                         
                                                                                                                                
2:07:26 PM                                                                                                                    
                                                                                                                                
MS. PEIRSON  went on to  explain that Section  1 of HB  105 would                                                               
amend  AS 11.46.130(a)  - again,  addressing the  class C  felony                                                               
crime of  theft in the second  degree - by raising  the monetary-                                                               
threshold amount  from $500  to $1,500; conviction  of a  class C                                                               
felony could  result in a maximum  prison sentence of up  to five                                                               
years and a maximum  fine of up to $50,000.  Section  2 of HB 105                                                               
would amend AS 11.46.140(a) -  addressing the class A misdemeanor                                                               
crime of  theft in the  third degree  - by raising  the monetary-                                                               
threshold  amount from  a range  of between  $50 and  $500, to  a                                                               
range  of  between $250  and  $1,500;  conviction  of a  class  A                                                               
misdemeanor could  result in a  maximum prison sentence of  up to                                                               
one year  and a  maximum fine  of up  to $10,000.   Section  3 of                                                               
HB 105  would amend  AS  11.46.150(a) -  addressing  the class  B                                                               
misdemeanor crime of theft in the  fourth degree - by raising the                                                               
monetary-threshold amount from  less than $50 to  less than $250;                                                               
conviction of  a class  B misdemeanor could  result in  a maximum                                                               
prison sentence  of up  to 90 days  and a maximum  fine of  up to                                                               
$2,000.                                                                                                                         
                                                                                                                                
MS.  PIERSON  explained that  with  regard  to the  proposed  new                                                               
monetary-threshold  amounts,  Section  4 of  HB  105  would  make                                                               
conforming changes  to AS 11.46.220(c), addressing  the crimes of                                                               
concealment  of merchandize.   Section  5  would make  conforming                                                               
changes to AS  11.46.260(b), addressing the crimes  of removal of                                                               
identification marks.   Section  6 would make  conforming changes                                                               
to   AS  11.46.270(b),   addressing   the   crimes  of   unlawful                                                               
possession.     Section  7  would  make   conforming  changes  to                                                               
AS 11.46.280(d), addressing  the crimes of  issuing a  bad check.                                                               
Section  8  would make  conforming  changes  to AS  11.46.285(b),                                                               
addressing  the crimes  of fraudulent  use of  an access  device.                                                               
Section 9  would make conforming  changes to  AS 11.46.360(a)(2),                                                               
addressing [one  manifestation of]  the class  C felony  crime of                                                               
vehicle theft  in the  first degree.   Sections  10, 11,  and 12,                                                               
respectively, would  make conforming changes to  AS 11.46.482(a),                                                               
to  AS  11.46.484(a),  and  to   AS  11.46.486(a)  -  addressing,                                                               
respectively, the  class C felony  crime of criminal  mischief in                                                               
the  third degree,  the  class A  misdemeanor  crime of  criminal                                                               
mischief in the fourth degree,  and the class B misdemeanor crime                                                               
of criminal mischief in the fifth degree.                                                                                       
                                                                                                                                
MS.  PIERSON  relayed  that  Section  13  would  make  conforming                                                               
changes  to AS  11.46.530(b), addressing  the crimes  of criminal                                                               
simulation.    Section  14  would   make  conforming  changes  to                                                               
AS 11.46.620(d),  addressing  the  crimes  of  misapplication  of                                                               
property.     Section  15  would   make  conforming   changes  to                                                               
AS 11.46.730(c), addressing  the crimes of  defrauding creditors.                                                               
Section  16  would add  an  applicability  provision to  Alaska's                                                               
uncodified  law, stipulating  that  the statutes  changed by  the                                                               
provisions  of HB  105 would  apply to  offenses committed  on or                                                               
after the effective date of the  Act, that being July 1, 2013, as                                                               
stipulated via Section 17 of the bill.                                                                                          
                                                                                                                                
2:13:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT,  pointing out  that  $500  is a  lot  of                                                               
money,  questioned the  rationale behind  telling criminals,  via                                                               
the adoption  of HB 105, that  they may now steal  up to [$1,499]                                                               
worth of merchandize before being charged with a felony.                                                                        
                                                                                                                                
MS. PIERSON -  acknowledging that theft is a  terrible crime that                                                               
hurts  people in  a  variety of  ways -  ventured  that with  the                                                               
passage  of  so  much  time   since  Alaska's  current  monetary-                                                               
threshold  amounts   were  originally  established,  it   is  now                                                               
appropriate  for the  legislature  to  review them,  particularly                                                               
given that they're  in the low range compared to  what most other                                                               
[jurisdictions in the  country] now provide for.   Furthermore, a                                                               
good percentage of theft crimes  are not currently being resolved                                                               
at the  felony level, and thus  the changes proposed by  the bill                                                               
could result  in Alaska's  law being  more reflective  of current                                                               
practice.  She  also acknowledged, though, that a  lot of people,                                                               
particularly retailers, don't view HB 105 favorably.                                                                            
                                                                                                                                
REPRESENTATIVE  MILLETT opined  that HB  105 would  be sending  a                                                               
message that  stealing is okay if  the amount is low  enough.  "A                                                               
seasoned thief,"  she ventured,  knows the  statutory thresholds,                                                               
and so isn't  going to steal something with a  value that exceeds                                                               
a particular threshold.                                                                                                         
                                                                                                                                
MS. PIERSON  offered her  belief that most  thieves are  not that                                                               
intelligent   and   therefore   don't  weigh   the   consequences                                                               
associated with the value of what they are stealing.                                                                            
                                                                                                                                
REPRESENTATIVE PRUITT disagreed, opining  that thieves are indeed                                                               
aware of the  value of what they are stealing.   He then referred                                                               
to  Section  4   -  addressing  the  crimes   of  concealment  of                                                               
merchandise - and  questioned why HB 105 is not  also proposing a                                                               
monetary-threshold for concealing merchandise that is a firearm.                                                                
                                                                                                                                
2:19:37 PM                                                                                                                    
                                                                                                                                
MS. PIERSON explained  that there was never  a monetary threshold                                                               
outlined in  statute for merchandise  that is a firearm  to begin                                                               
with.                                                                                                                           
                                                                                                                                
CHAIR KELLER mentioned that his  son has had property stolen from                                                               
him,  and  indicated that  his  concern  with HB  105's  proposed                                                               
changes revolves  around the fact  that the bill would  indeed be                                                               
sending a  message to Alaskans, many  of whom have also  been the                                                               
victim of  theft and/or know  others who have been.   Enforcement                                                               
and  investigatory  resources  for   theft  crimes  are  limited,                                                               
leaving only Alaska's  stiff penalties for the crime  of theft to                                                               
act  as a  deterrent,  and yet  the bill  is  proposing to  raise                                                               
Alaska's monetary-threshold amounts for the crimes of theft.                                                                    
                                                                                                                                
MS.  PIERSON again  acknowledged that  whether to  raise Alaska's                                                               
current  monetary-threshold  amounts is  a  policy  call for  the                                                               
legislature to make.  In  response to questions, she relayed that                                                               
the  bill's proposed  changes would  apply regardless  of whether                                                               
that   which  was   stolen  was   personal  property   or  retail                                                               
merchandise, and  indicated that  the bill  is intended  to raise                                                               
the  question  of  whether  Alaska's  current  monetary-threshold                                                               
amounts for the crime of theft  are still appropriate and in line                                                               
with those provided  for elsewhere in the country.   The value of                                                               
$500 is  a lot  different today  than it was  back in  1978, when                                                               
Alaska's  current  monetary-threshold   amounts  were  originally                                                               
established, she  asserted.  In  response to comments,  she added                                                               
that  members'  packets  now  contain  statistics  regarding  the                                                               
average  sentence   lengths  associated  with   certain  offenses                                                               
against property.                                                                                                               
                                                                                                                                
2:25:59 PM                                                                                                                    
                                                                                                                                
THOMAS  W.  STENSON,  Legal Director,  American  Civil  Liberties                                                               
Union of  Alaska (ACLU  of Alaska) Foundation,  in response  to a                                                               
question, indicated  that the  changes proposed  by HB  105 don't                                                               
raise any  constitutional issues, and mentioned  that prosecuting                                                               
a   felony  offense   is  more   expensive  than   prosecuting  a                                                               
misdemeanor offense.   He too acknowledged that  whether to raise                                                               
Alaska's current  monetary-threshold amounts for theft  crimes is                                                               
a policy call for [the legislature] to make.                                                                                    
                                                                                                                                
2:27:14 PM                                                                                                                    
                                                                                                                                
DOUGLAS  MOODY,   Deputy  Public  Defender,   Criminal  Division,                                                               
Central  Office,  Public  Defender Agency  (PDA),  Department  of                                                               
Administration (DOA), indicated a  belief that reviewing Alaska's                                                               
current   monetary-threshold   amounts   for  theft   crimes   is                                                               
appropriate.  He  ventured that under HB  105's proposed changes,                                                               
perhaps  more  victims  of  theft   crimes  would  eventually  be                                                               
compensated  for  their  losses  if their  perpetrators  are  not                                                               
convicted  of  a  felony.   Referring  to  [the  bill's  proposed                                                               
changes to]  the statutes  pertaining to  the crimes  of criminal                                                               
mischief in the third through  fifth degrees, he also pointed out                                                               
that  because  costs  for  transporting  goods  have  risen,  the                                                               
destruction  of almost  any item  in a  rural area  of the  state                                                               
could  nowadays constitute  a felony-level  crime under  Alaska's                                                               
current monetary-threshold  amounts.  Pointing out  that existing                                                               
law  already addresses  repeat offenders,  he also  ventured that                                                               
HB 105's  proposed  changes would  be  of  benefit to  first-time                                                               
offenders because  they would be  able to [steal  something worth                                                               
up to  $1,499 before  being charged with  a felony,  and thereby]                                                               
avoid all the problems associated with a felony conviction.                                                                     
                                                                                                                                
MR.  MOODY, in  response  to  a question  regarding  how often  a                                                               
felony  theft charge  gets  [pled down]  to  a misdemeanor  theft                                                               
charge, offered  his understanding  that it differs  in different                                                               
areas  of  the  state  depending on  the  individual  prosecutor.                                                               
Misdemeanor-level  cases tend  to get  resolved more  quickly and                                                               
cost less, he also noted.                                                                                                       
                                                                                                                                
2:36:38 PM                                                                                                                    
                                                                                                                                
CHRIS  NETTLES  (ph),  Business  Owner;  National  Federation  of                                                               
Independent  Business (NFIB),  after  mentioning that  he owns  a                                                               
business that's been stolen from  numerous times without anything                                                               
ever  being  resolved,  testified   in  opposition  to  HB  105's                                                               
proposed  increases   to  Alaska's   monetary-threshold  amounts,                                                               
offering his belief  that the bill would increase  theft crime in                                                               
his area.                                                                                                                       
                                                                                                                                
2:38:43 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE, General  Counsel, Administrative  Staff, Office  of                                                               
the  Administrative Director,  Alaska Court  System (ACS),  first                                                               
relayed that the  ACS takes no position on HB  105.  Referring to                                                               
the  aforementioned charts  provided  by the  ACS, she  mentioned                                                               
that  although they  illustrate  facts related  to theft  charges                                                               
filed  and the  disposition of  theft  cases, the  charts do  not                                                               
outline  how many  charges  were  filed for  cases  in which  the                                                               
property  stolen was  valued  at between  $500  and $1,500;  such                                                               
cases  would be  the  only  type impacted  by  HB 105's  proposed                                                               
changes.  According to the  chart titled in part, "Criminal Theft                                                               
Charges",  during calendar  year  2012, about  half  of the  3611                                                               
total  theft crimes  charged were  felony-level  thefts, and  the                                                               
crime of  theft in the  second degree and  the crime of  theft in                                                               
the third degree were charged  about equally often.  According to                                                               
the chart  titled in part, "Criminal  Theft Charge Dispositions",                                                               
during calendar  year 2012, there were  [513] felony convictions,                                                               
and [1,208] misdemeanor convictions.                                                                                            
                                                                                                                                
MS.  MEADE   indicated  that  one  could   extrapolate  from  the                                                               
statistics in  those two charts  that approximately  one-third of                                                               
the felony  charges resulted in  a conviction,  and three-fourths                                                               
of the misdemeanor  charges resulted in a conviction.   She noted                                                               
that some  felony charges get  pled down to  misdemeanor charges;                                                               
according to  the charts, for  example, the misdemeanor  crime of                                                               
theft in  the third degree was  charged only 1146 times  in 2012,                                                               
but there  were 1447 dispositions  involving that crime,  and 952                                                               
[cases involving the felony crime]  of theft in the second degree                                                               
were dismissed by  the prosecution for a variety of  reasons.  In                                                               
conclusion, she  also noted  that felony  cases are  addressed by                                                               
the  Alaska   Superior  Court,  whereas  misdemeanor   cases  are                                                               
addressed by  Alaska's district  courts, which  generally dispose                                                               
of  cases  more quickly  and  less  expensively than  the  Alaska                                                               
Superior Court.                                                                                                                 
                                                                                                                                
MS. MEADE, in response to  questions and comments, indicated that                                                               
the initial  criminal charges filed  determine which  court shall                                                               
address  a particular  case; that  under  Rule 11  of the  Alaska                                                               
Rules  of  Criminal  Procedure, prosecutors  have  discretion  to                                                               
enter into plea agreements, which  must be reasonable and provide                                                               
for supervisory  oversight; and  that there  can be  good reasons                                                               
for entering  into a particular  plea agreement.   In conclusion,                                                               
she too  noted that conviction  of a [class A  misdemeanor] could                                                               
result  in a  maximum prison  sentence of  up to  one year  and a                                                               
maximum fine of up to $10,000.                                                                                                  
                                                                                                                                
CHAIR KELLER relayed that HB 105 would be held over.                                                                            

Document Name Date/Time Subjects
HB 104 Opposing Document-ACLU of AK.pdf HJUD 3/4/2013 1:00:00 PM
HB 104
HB 105 Sponsor Statement.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Sectional Analysis.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB105 ver. A.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB105 Fiscal Notes-ACS-TRC.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Fiscal Note-Public Defender Agency.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Fiscal Note-Office of Public Advocacy.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Fiscal Note-Department of Public Safety.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Fiscal Note-Department of Law.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Fiscal Note-Department of Corrections.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Supporting Document-NCSL Felony theft threshold raises.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Supporting Document-Graph of felony thefts in US.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Supporting Document-Felony Theft Thresholds for all 50 States.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Supporting Document--ACLU of AK.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Supporting Document-AK Court System-theft charges disposed cy11 and cy12.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Supporting Document-AK Court System-theft charges filed CY11 and CY12.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Opposition Letter-NFIB.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
HB 105 Opposition Letter--Fred Meyer.pdf HJUD 3/4/2013 1:00:00 PM
HB 105
SJR 6 ver. A.pdf HJUD 3/4/2013 1:00:00 PM
SJR 6
SJR6 Fiscal Note-Senate Judiciary.pdf HJUD 3/4/2013 1:00:00 PM
SJR 6
CSSJR 2 (JUD) Sponsor Statement.pdf HJUD 3/4/2013 1:00:00 PM
SJR 2
CSSJR 2 (JUD).pdf HJUD 3/4/2013 1:00:00 PM
SJR 2
SJR2 Fiscal Note-Senate Judiciary.pdf HJUD 3/4/2013 1:00:00 PM
SJR 2
CSSJR 2 (JUD) Supporting Document-Interior Delegation Press Release.pdf HJUD 3/4/2013 1:00:00 PM
SJR 2
SJR 2 Supporting Document--AK Native Corporation's Resource Development.pdf HJUD 3/4/2013 1:00:00 PM
SJR 2
SJR 2 Supporting Document--Other States with Similar Legislation.pdf HJUD 3/4/2013 1:00:00 PM
SJR 2
SJR 2 Supporting Document-Resource Development Council of Alaska.pdf HJUD 3/4/2013 1:00:00 PM
SJR 2
CSHB 83 ver. N.pdf HJUD 3/4/2013 1:00:00 PM
HB 83