Legislature(2015 - 2016)BUTROVICH 205
02/25/2016 09:00 AM Senate STATE AFFAIRS
Audio | Topic |
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Start | |
Confirmation Hearings on Governor Appointees | |
SB91 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | TELECONFERENCED | ||
+ | TELECONFERENCED | ||
+ | TELECONFERENCED | ||
+ | TELECONFERENCED | ||
+= | SB 91 | TELECONFERENCED | |
SB 91-OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS 10:24:39 AM CHAIR STOLTZE announced the consideration of SB 91. He noted Senator Coghill has four amendments to the bill. SENATOR JOHN COGHILL, sponsor of SB 91, noted four amendments resulting from conversations with the Office of Victims' Rights, law enforcement, shelters for domestic violence, and new concepts in law. He said the goal is to make sure the public is safer. 10:26:39 AM He explained that Amendment 1 is the largest and changes several sections; it is under the misdemeanor section and would remove domestic violence assaults from the trier fact to ensure that domestic violence assault in the fourth degree can be sentenced within the normal range of the misdemeanor-A range of zero to 365 days or a year. He added that Amendment 1 will also take harassment-2, trespass-2, and criminal mischief-5 back to class- B misdemeanors; these changes involve Sections 8, 13, 26, and 27. He related that under felonies, the inflation adjustment was taken out of the felony theft level. The criminal negligence homicide of a child remained the same. Sex offenders were excluded from administrative parole in Section 95, as were geriatric sex offenders. Administrative parole was made discretionary. 10:30:07 AM He addressed changes in probation. In Section 61, the maximum term of probation for an unclassified felony was increased to ten years. Under probation and parole, unclassified felonies of sexual assault and domestic violence were excluded from the presumptive early discharge. Language requiring victims to testify was also deleted. He explained that suspended entry of judgement excludes domestic violence offenses under Section 59. He said there were changes in controlled substance; heroin was moved into its own category and methamphetamine precursor language was added. 10:32:26 AM JORDAN SCHILLING, Staff, Senator Coghill, Alaska State Legislature, provided information about SB 91 on behalf of the sponsor. He explained changes to the misconduct involving controlled substances, responding to concerns by the Office of Victims Rights (OVR). The meth precursor language was added back into the bill and the enhanced presumptive range for delivery to an individual under 19 will come back up to the unclassified felony range, rather than the Class A felony range. There was also concerns from Law and OBR that it wouldn't be prudent to change the enhanced sentence for possessing drugs within 500 feet of a school. That was moved to its existing level. Another concern from OVR was the change of the enhanced presumptive range for manufacture of methamphetamine in a residence where a child resides, so that was also left at its existing range of 7 to 11 years. SENATOR COGHILL clarified that it was returned back to the higher felony. He addressed a change requested by law enforcement in Anchorage, on page 21, lines 15 and 25. He asked which section that was found in. MR. SCHILLING clarified that it is in AS 12.25.180 or Section 37. SENATOR COGHILL continued to explain that the change is regarding someone who is a "significant" danger to self and others. The word "significant" was removed. Exceptions for sexual offenses were created. Also, a new subsection was created that offers liability immunity for police officers when making quick judgement calls. 10:35:49 AM He discussed an amendment regarding random drug testing for those who have been convicted for a drug offense. He said it is a Title 47 issue. The amendment states that those in welfare system programs will be required to participate in random drug testing. He said it is a public safety issue. CHAIR STOLTZE stated that the amendment is focused only on those in the criminal justice system. SENATOR COGHILL agreed. He added that the purpose is for accountability and marijuana testing was excluded at this time due to questions about testing. CHAIR STOLTZE noted that the amendments are posted on BASIS. SENATOR COGHILL said Amendment 1 is the most complicated. CHAIR STOLTZE suggested a brief description of each be included in the posting. He thanked Senator Coghill for including comments from the public into the changes. SENATOR COGHILL described the extensive number of meetings that took place. He maintained that the bill is a work in progress, but the most troublesome areas have been addressed. CHAIR STOLTZE commented on the outreach to police officers and that their testimony is reflected in the changes. SENATOR COGHILL concluded that the guiding principal is to keep people safe. CHAIR STOLTZE pointed out that the amendments will most likely be rolled into the bill. 10:41:30 AM SENATOR HUGGINS complimented the committee and the sponsor for accommodating outside opinions and ideas, as well for saving money. SENATOR MCGUIRE agreed and appreciated the work the sponsor and committee have done, and the balance in the bill between protection, victims' rights, and costs. She called it one of the best pieces of legislation in her career. CHAIR STOLTZE appreciated Commissioner Williams' following of the legislation. CHAIR STOLTZE held SB 91 in committee.