Legislature(2013 - 2014)CAPITOL 120
04/09/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB56 | |
| HB3 | |
| HB54 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 56 | TELECONFERENCED | |
| += | HB 54 | TELECONFERENCED | |
| += | HB 3 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 56 - RECLASSIFYING CERTAIN DRUG OFFENSES
1:13:00 PM
CHAIR KELLER announced that the first order of business would be
CS FOR SENATE BILL NO. 56(JUD), "An Act relating to certain
crimes involving controlled substances; and providing for an
effective date."
1:13:16 PM
CHARLES KOPP, Staff, Senator Fred Dyson, Alaska State
Legislature, speaking on behalf of the sponsor of SB 56, Senator
Dyson, explained that the sponsor has provided for inclusion in
members' packets a proposed amendment labeled 28-LS0355\C.9,
Luckhaupt/Strasbaugh, 4/9/13, intended to address a concern
expressed during the previous hearing on the bill that it would
lower the penalty [in certain situations] for possessing the
schedule IA controlled substances used by sexual predators to
incapacitate their victims during sexual assault and sexual
abuse of a minor crimes. Lowering the penalty for possessing
such schedule IA controlled substances - enumerated in
[AS 11.71.140(e)] - does not comport with the sponsor's intent.
Under this proposed amendment [later named Amendment 3], the
penalty for possessing such schedule IA controlled substances
would remain a class C felony regardless of how many crimes of
misconduct involving a controlled substance in the first through
fifth degrees the perpetrator has previously been convicted of.
He offered his understanding - based on a note he said he'd
received from the executive director of the Alaska Network on
Domestic Violence & Sexual Assault (ANDVSA) - that the ANDVSA
would be in support of SB 56 with the adoption of [Amendment 3],
which read:
Page 2, lines 1 - 9:
Delete all material and insert:
"(A) any amount of a
(i) schedule IA controlled substance listed
in AS 11.71.140(e); or
(ii) schedule IA or IIA controlled
substance other than [EXCEPT] a controlled substance
listed in (i) of this subparagraph, and, two or more
times within the preceding five years, the person was
convicted under AS 11.71.010 - 11.71.050 or a law or
ordinance of this or another jurisdiction with
elements similar to those of an offense under
AS 11.71.010 - 11.71.050 [AS 11.71.150(e)(11) -
(15)];"
Page 3, lines 1 - 7:
Delete all material and insert:
"(H) 15 or more tablets, ampules, or
syrettes containing a schedule IA or IIA controlled
substance other than a controlled substance listed in
AS 11.71.140(e); or
(I) one or more preparations, compounds,
mixtures, or substances of an aggregate weight of
(i) three grams or more containing a
schedule IA controlled substance other than a
controlled substance listed in AS 11.71.140(d)(11) or
11.71.140(e) or a schedule IIA controlled substance
other than a controlled substance listed in
AS 11.71.150(b)(12);"
Page 5, lines 3 - 9:
Delete all material and insert:
"(F) less than 15 tablets, ampules, or
syrettes containing a schedule IA or IIA controlled
substance other than a controlled substance listed in
AS 11.71.140(e); or
(G) one or more preparations, compounds,
mixtures, or substances of an aggregate weight of less
than
(i) three grams containing a schedule IA
controlled substance other than a controlled substance
listed in AS 11.71.140(d)(11) or 11.71.140(e) or a
schedule IIA controlled substance other than a
controlled substance listed in AS 11.71.150(b)(12);"
1:14:40 PM
MR. KOPP then referred to the proposed amendment labeled 28-
LS0355\C.6, Strasbaugh, 4/5/13, already included in members'
packets, and explained that it's intended to address a concern
that the proposed time period of five years during which
previous convictions could be considered for purposes of
charging a person with a class C felony under the bill's
proposed AS 11.71.040(a)(3)(A), is too short in terms of
accurately reflecting whether the person has indeed reformed
his/her behavior. This proposed amendment [later named
Amendment 1] read:
Page 2, line 2:
Delete "five"
Insert "seven"
MR. KOPP also referred to the proposed amendment labeled 28-
LS0355\C.7, Strasbaugh, 4/5/13, already included in members'
packets, and explained that it's intended to ensure that for
purposes of sentencing those convicted under the bill's proposed
AS 11.71.050 - addressing the crime of misconduct involving a
controlled substance in the fifth degree - the court shall [in
certain circumstances] order defendants to satisfy the
screening, evaluation, referral, and program requirements of an
alcohol safety action program or a drug abuse evaluation
program. This proposed amendment [later named Amendment 2]
read:
Page 5, following line 15:
Insert a new bill section to read:
"* Sec. 3. AS 12.55.135 is amended by adding a new
subsection to read:
(l) A defendant convicted of misconduct involving
a controlled substance in the fifth degree shall be
ordered to satisfy the screening, evaluation,
referral, and program requirements of an alcohol
safety action or drug abuse evaluation program, if an
alcohol safety action or drug abuse evaluation program
is available in the community where the person
resides, or of a private or public treatment facility
approved by the Department of Health and Social
Services under AS 47.37 to make referrals for
rehabilitative treatment or to provide rehabilitative
treatment."
Renumber the following bill sections accordingly.
CHAIR KELLER opened public testimony.
1:17:39 PM
NEISJE STEINKRUGER - after confirming that she'd previously
provided testimony to the committee during discussion of HB 178,
the House companion bill to SB 56, regarding distinctions
between how certain felony cases are handled compared to like
misdemeanor cases, and noting that she was merely providing
information to the committee based on her former experience as
an Alaska Supreme Court judge and was not then and is not now
taking a position on behalf of the Alaska Court System (ACS) -
expressed appreciation for the work being done to review the
statutes addressing the crimes of misconduct involving a
controlled substance.
CHAIR KELLER closed public testimony on SB 56.
1:19:15 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1
[text provided previously].
CHAIR KELLER objected.
REPRESENTATIVE GRUENBERG reiterated that Amendment 1 would
extend the time period - from five years to seven years - during
which previous convictions could be considered for purposes of
charging a person with a class C felony under proposed
AS 11.71.040(a)(3)(A). Urging adoption of Amendment 1, he added
that it provides a compromise to address a concern expressed by
[the Department of Law (DOL)] that the proposed time period of
five years would be too short and that a time period of ten
years would be preferable.
CHAIR KELLER removed his objection, ascertained that there were
no further objections, and announced that Amendment 1 was
adopted.
1:20:01 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 2
[text provided previously].
CHAIR KELLER objected.
REPRESENTATIVE GRUENBERG offered his understanding that the DOL
is amenable to Amendment 2's proposed change, that the language
it's adding to AS 12.55.135 is modeled on similar language
addressing the crimes of driving under the influence (DUI), and
that in the DUI context, [the process outlined in the proposed
new language] has been successful. He reiterated that
Amendment 2 would ensure that for purposes of sentencing those
convicted under the bill's proposed AS 11.71.050 - addressing
the crime of misconduct involving a controlled substance in the
fifth degree - the court shall [in certain circumstances] order
defendants to satisfy the screening, evaluation, referral, and
program requirements of an alcohol safety action program or a
drug abuse evaluation program.
1:21:33 PM
WILDA LAUGHLIN, Special Assistant, Office of the Commissioner,
Department of Health and Social Services (DHSS), in response to
a comment, relayed that the DHSS believes that Amendment 2 would
have a fiscal impact on the DHSS, and is currently working to
quantify that impact.
1:22:20 PM
TONY PIPER, Coordinator, Alcohol Safety Action Program (ASAP),
Prevention and Early Intervention Services Section, Division of
Behavioral Health (DBH), Department of Health and Social
Services (DHSS), in response to a question, added that there
would be a fiscal impact on the DHSS because Amendment 2
together with the bill's proposed changes to AS 11.71.040 and
AS 11.71.050 would increase the number of misdemeanants his
office would be required to screen, evaluate, and refer.
CHAIR KELLER removed his objection to the adoption of
Amendment 2.
MS. LAUGHLIN, in response to another question and comments,
reiterated that the DHSS is currently working to quantify the
fiscal impact that Amendment 2 together with the bill's proposed
changes to AS 11.71 would have on the DHSS.
CHAIR KELLER ascertained that there were no further objections
to Amendment 2. [Although not formally stated, the committee
treated Amendment 2 as having been adopted.]
1:24:22 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 3
[text provided previously].
CHAIR KELLER objected; ascertained that there were no further
comments, questions, or concerns regarding Amendment 3; removed
his objection; and, noting that there were no further objections
to the motion, announced that Amendment 3 was adopted.
1:25:04 PM
REPRESENTATIVE LYNN moved to report CSSB 56(JUD), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection,
HCS CSSB 56(JUD) was reported from the House Judiciary Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 3 Proposed Amendment U.2.pdf |
HJUD 4/9/2013 1:00:00 PM |
HB 3 |
| HB 3 Proposed Amendment U.1.pdf |
HJUD 4/9/2013 1:00:00 PM |
HB 3 |
| CSSB 56 (JUD) Amendment C.9.pdf |
HJUD 4/9/2013 1:00:00 PM |
SB 56 |