Legislature(2005 - 2006)BUTROVICH 205
02/15/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB269 | |
| HB107 | |
| SB240 | |
| SB249 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 240 | TELECONFERENCED | |
| *+ | SB 249 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 269 | ||
| = | HB 107 | ||
SB 240-DRUG OFFENSES: NEIGHBORS AS CRIME VICTIMS
9:15:22 AM
CHAIR RALPH SEEKINS announced SB 240 to be up for consideration.
SENATOR HOLLIS FRENCH, bill sponsor, introduced the bill. Drug
crimes are sometimes referred to as "victimless crimes" but
people who live next door to high volume drug houses would not
agree. SB 240 would allow neighbors who have lived through the
criminal phase of a drug house to stay informed about the
progress of the case as the matter moves through the court
system. The bill is narrowly tailored to apply only to felony
drug crimes that occur on adjacent property where the affected
neighbor makes a request to stay informed.
The need for the legislation was brought to his attention
through a constituent who was unable to get basic information
regarding the progress of a case involving a neighbor who
operated a drug house.
9:17:08 AM
SENATOR FRENCH referred to additional information in the bill
packet, such as news accounts and aerial maps of drug houses and
the surrounding neighborhoods. The maps highlight the amount of
people who could potentially be affected by the bill. It is
crafted so that it must be a felony drug crime and it must be an
instance where the adjacent neighbor would have to positively
contact the district attorney's office for the requested
information.
9:18:58 AM
SENATOR GRETCHEN GUESS asked Senator French how citizens would
know that they are authorized to call and request information on
a case.
SENATOR FRENCH said it would more likely be an involved citizen
motivated to take the affirmative step to trigger the provisions
of the bill.
CHAIR SEEKINS asked Senator French at what point in the case
would the person be able to obtain information and the type of
information that the district attorney's office would be allowed
to disclose.
SENATOR FRENCH advised the committee that AS 12.61.010 was the
statute being modified. Essentially it would allow the adjacent
property owner the right to be notified by the appropriate law
enforcement agency or the prosecuting attorney in the case. The
information to be disclosed would be the date of trial, the
sentencing, an appeal or any hearing in which the defendant's
release from custody is being considered.
9:21:38 AM
SENATOR FRENCH clarified for the Department of Law (DOL) that
the working definition of "adjacent" is out of Black's Law
Dictionary. The neighbor would have to be fairly close to the
drug house. It would be the neighbors on either side of the
house and, if close enough, the neighbor across the street and
possibly the one diagonal to the drug house.
CHAIR SEEKINS asked whether it could be all of the people living
in an apartment building if the drug house were actually an
apartment in the building.
SENATOR FRENCH said yes. The district attorney's office would
determine the "reasonable" amount of distance on a case-by-case
basis and only the neighbors who qualified could receive the
information.
CHAIR SEEKINS referred to the photo of a trailer park that was
provided in the bill packet and asked Senator French to provide
an example of a reasonable distance.
SENATOR FRENCH gave the example that if the committee were to
choose any one trailer in the park, it would be three or four
contiguous trailers that would qualify.
9:24:35 AM
SENATOR GENE THERRIAULT asked about apartment complexes where
there are several buildings together.
SENATOR FRENCH said in a two-block apartment building it would
be just the apartments next to the drug apartment. An apartment
at the other end of the building would not be considered
adjacent. The idea would be to have common sense apply and the
district attorney's office would have discretion as to who could
receive the requested information.
CHAIR SEEKINS asked the remedy for people who, for one reason or
another, did not get the requested information.
SENATOR FRENCH said they would have the right to complain loudly
to the district attorney's office.
9:26:52 AM
CHAIR SEEKINS noted there was no one signed up to testify and so
he closed public testimony.
9:28:23 AM
SENATOR FRENCH said the bill was not intended to require the
police to leaflet a neighborhood. It was for citizens who take
the initiative to follow up on a case that affected them.
SENATOR GUESS moved SB 240 from committee with individual
recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
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