Legislature(1995 - 1996)

05/07/1995 12:40 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  CS FOR HOUSE BILL NO. 159(JUD)                                               
                                                                               
       An Act allowing a person under age 21 to be arrested by                 
       a   peace  officer  without   a  warrant   for  illegal                 
       possession,   consumption,   or  control   of  alcohol;                 
       relating to  the offenses of  driving while intoxicated                 
       and failure to submit  to a chemical test of  breath or                 
                                                                               
                                                                               
       blood; and providing for an effective date.                             
                                                                               
  Co-chairman Halford directed that CSHB  159 (Jud) be brought                 
  on for discussion.   He noted that the bill was  held from a                 
  previous meeting for  development of  a fiscal note  showing                 
  potential revenues  from increased  fines as  well as  a new                 
  note from the Dept. of  Corrections evidencing reduced costs                 
  in  the  initial year  of  implementation.   The Co-chairman                 
  referenced  information indicating  that  while fines  might                 
  total $760.0, 80% to  90% will be uncollectible for  lack of                 
  financial resources on the part of defendants.  That reduces                 
  possible revenue to $114.0.   The new note for the  Dept. of                 
  Corrections  reduces  costs to  $540.0  for the  first year.                 
  That cost is based on the same number of convictions used in                 
  estimating revenues.                                                         
                                                                               
  Senator Sharp remarked  that although  $114.0 in revenue  is                 
  anticipated,  and  the   fiscal  note   for  the  Dept.   of                 
  Corrections has been  cut in half, costs associated with the                 
  bill total  approximately $1.2  million and  will result  in                 
  incarceration of an additional 300  people.  He then  voiced                 
  reluctance to pass  the bill  until day-fine legislation  is                 
  brought in line.                                                             
                                                                               
  Senator Phillips suggested that  a lien for the  unpaid fine                 
  be  placed   against  other  property  if   the  defendant's                 
  automobile is not of sufficient value.                                       
                                                                               
  Co-chairman  Halford   asked  that  legislative   staff  and                 
  representatives   of   impacted   departments  come   before                 
  committee.    JERRY  SHRINER, Special  Assistant,  Dept.  of                 
  Corrections;  JUANITA  HENSLEY,   Chief,  Driver   Services,                 
  Division  of  Motor Vehicles,  Dept.  of Public  Safety; and                 
  DANIELLA LOPER, aide to Representative Porter, came forward.                 
  Senator Phillips suggested  that defendants  covered by  the                 
  proposed bill  traditionally drive  junker cars with  little                 
  worth.   They cannot afford to pay their fines, and it costs                 
  too much to  put them in jail.  He then suggested that other                 
  property   be  seized.      Juanita  Hensley   concurred  in                 
  frustration associated with definitive  action against drunk                 
  drivers.  Experience over  the past 15 years evidences  that                 
  the  majority  of  the  defendants  are third,  fourth,  and                 
  subsequent offenders who  do not own  their own cars.   They                 
  drive automobiles of  little value  or borrow from  friends.                 
  In  applying its motor  vehicle forfeiture law,  the City of                 
  Anchorage found that  many confiscated vehicles do  not pass                 
  emission control inspection.   The city  then has to pay  to                 
  have the vehicles destroyed.   Mrs. Hensley deferred comment                 
  on seizure of other property to the Dept. of Law.                            
                                                                               
  Mr. Shriner commented  on information from the  court system                 
  indicating little ability  to collect fines  or the cost  of                 
  care from third and subsequent  offenders.  Senator Phillips                 
  reiterated need to seize something of value from defendants.                 
                                                                               
                                                                               
  Ms. Loper  stressed that  the proposed  bill would  commence                 
  evaluation of  alcohol screening.  That has  never been done                 
  before.   It is intended to provide evaluation regarding how                 
  to combat fourth and fifth repeat offenders.  Suspended jail                 
  time will also  be imposed upon  the convicted felon in  the                 
  hope that it will be a deterrent.  The bill  also authorizes                 
  the Court System to utilize  rehabilitative measures such as                 
  drug therapy, etc.                                                           
                                                                               
  Discussion of application of subsection (q) followed between                 
  Senator Rieger and Ms. Loper.   Ms. Loper explained that the                 
  fine would  be equal across the board, regardless of whether                 
  the  defendant  is  indigent  or   wealthy.    Mrs.  Hensley                 
  concurred  that  the  Court  System   assesses  a  fine  for                 
  everyone.  However, it also determines whether a  person can                 
  pay the fine.  If  found to be indigent, the defendant  does                 
  not pay.  A  finding of indigency is a  separate proceeding.                 
  Language in the  proposed bill says  that the court may  not                 
  suspend imposition of sentence on these defendants.  It must                 
  assess the $5,000 fine and impose jail time.                                 
                                                                               
  Senator Rieger next directed attention to page 1 of the bill                 
  and attested to ongoing discussion of the difference between                 
  "reasonable" and  "probable" cause.   He then attested  to a                 
  greater  level of comfort with "probable cause" and MOVED to                 
  substitute "probable" for  "reasonable" at  page 1, line  8.                 
  No objection having been raised, the AMENDMENT was ADOPTED.                  
                                                                               
  Senator Zharoff voiced concern that  abuse could result from                 
  provisions allowing for arrest without a warrant for alcohol                 
  related  crimes.    Co-chairman Halford  remarked  that  the                 
  standard of probable  cause is  the standard for  initiating                 
  action by a police officer for all crimes.                                   
                                                                               
  Referencing language  at page  1, line  11, Senator  Zharoff                 
  raised a question  concerning addition  of "or an  ordinance                 
  with  similar  elements."    Ms.  Loper explained  that  the                 
  language was added  "so that municipalities  may be able  to                 
  use this  law."   Juanita Hensley  added  that AS  04.16.050                 
  relates to possession,  control, and consumption of  alcohol                 
  by persons under  twenty-one.  It does not relate to sale of                 
  alcohol.                                                                     
                                                                               
  Discussion of warrant arrest followed between Senator Rieger                 
  and Ms. Loper.   Senator Rieger asked  if warrantless arrest                 
  also allows  for search.   Ms.  Loper responded  negatively.                 
  The Senator  stressed that  the  bill should  not provide  a                 
  loophole for warrantless searches.                                           
                                                                               
  Senator Rieger MOVED for passage of  SCS CSHB 159 (Fin) with                 
  individual recommendations.  Senator Zharoff OBJECTED.   Co-                 
  chairman Halford acknowledged a bare  quorum of four members                 
                                                                               
                                                                               
  in attendance and  objection to passage.   He then  directed                 
  that the bill be held in committee for full attendance.                      
                                                                               
  RECESS                                                                       
                                                                               
  The meeting was recessed at 1:25  p.m., subject to recall by                 
  the chair, for  possible continued  discussion later in  the                 
  day.                                                                         
                                                                               

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