Legislature(2015 - 2016)GRUENBERG 120
04/14/2016 08:00 AM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 91 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 14, 2016
8:05 a.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Chair
Representative Wes Keller, Vice Chair
Representative Neal Foster
Representative Bob Lynn
Representative Charisse Millett
Representative Matt Claman
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
Representative Kurt Olson (alternate)
OTHER MEMBERS PRESENT
Senator John Coghill
COMMITTEE CALENDAR
CS FOR SS FOR SENATE BILL NO. 91(FIN) AM
"An Act relating to criminal law and procedure; relating to
controlled substances; relating to immunity from prosecution for
the crime of prostitution; relating to probation; relating to
sentencing; establishing a pretrial services program with
pretrial services officers in the Department of Corrections;
relating to the publication of suspended entries of judgment on
a publicly available Internet website; relating to permanent
fund dividends; relating to electronic monitoring; relating to
penalties for violations of municipal ordinances; relating to
parole; relating to correctional restitution centers; relating
to community work service; relating to revocation, termination,
suspension, cancellation, or restoration of a driver's license;
relating to the excise tax on marijuana; establishing the
recidivism reduction fund; relating to the Alaska Criminal
Justice Commission; relating to the disqualification of persons
convicted of specified drug offenses from participation in the
food stamp and temporary assistance programs; relating to the
duties of the commissioner of corrections; amending Rules 32,
32.1, 38, 41, and 43, Alaska Rules of Criminal Procedure, and
repealing Rules 41(d) and (e), Alaska Rules of Criminal
Procedure; and providing for an effective date."
- MOVED HCS CSSSSB 91(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 91
SHORT TITLE: OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS
SPONSOR(s): SENATOR(s) COGHILL
03/25/15 (S) READ THE FIRST TIME - REFERRALS
03/25/15 (S) STA, JUD, FIN
04/02/15 (S) STA AT 9:00 AM BUTROVICH 205
04/02/15 (S) Heard & Held
04/02/15 (S) MINUTE (STA)
02/03/16 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/03/16 (S) STA, JUD, FIN
02/13/16 (S) STA AT 10:00 AM BUTROVICH 205
02/13/16 (S) Heard & Held
02/13/16 (S) MINUTE (STA)
02/18/16 (S) STA AT 8:30 AM BUTROVICH 205
02/18/16 (S) Heard & Held
02/18/16 (S) MINUTE (STA)
02/25/16 (S) STA AT 9:00 AM BUTROVICH 205
02/25/16 (S) Heard & Held
02/25/16 (S) MINUTE (STA)
03/01/16 (S) STA AT 8:30 AM BUTROVICH 205
03/01/16 (S) Heard & Held
03/01/16 (S) MINUTE (STA)
03/03/16 (S) STA AT 8:30 AM BUTROVICH 205
03/03/16 (S) Heard & Held
03/03/16 (S) MINUTE (STA)
03/08/16 (S) STA AT 9:00 AM BUTROVICH 205
03/08/16 (S) Moved CSSSSB 91(STA) Out of Committee
03/08/16 (S) MINUTE (STA)
03/08/16 (S) STA AT 5:00 PM BUTROVICH 205
03/08/16 (S) -- MEETING CANCELED --
03/09/16 (S) STA RPT CS 2DP 1DNP 1NR 1AM NEW TITLE
03/09/16 (S) DP: COGHILL, MCGUIRE
03/09/16 (S) DNP: STOLTZE
03/09/16 (S) NR: HUGGINS
03/09/16 (S) AM: WIELECHOWSKI
03/09/16 (S) JUD WAIVED PUBLIC HEARING NOTICE, RULE
23
03/09/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/09/16 (S) Heard & Held
03/09/16 (S) MINUTE (JUD)
03/11/16 (S) JUD AT 2:00 PM BELTZ 105 (TSBldg)
03/11/16 (S) Heard & Held
03/11/16 (S) MINUTE (JUD)
03/16/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/16/16 (S) Heard & Held
03/16/16 (S) MINUTE (JUD)
03/18/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/18/16 (S) Heard & Held
03/18/16 (S) MINUTE (JUD)
03/21/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/21/16 (S) Heard & Held
03/21/16 (S) MINUTE (JUD)
03/23/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/23/16 (S) Moved CSSSSB 91(JUD) Out of Committee
03/23/16 (S) MINUTE (JUD)
03/24/16 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/24/16 (S) <Bill Hearing Canceled>
03/25/16 (S) JUD RPT CS 3DP 1NR NEW TITLE
03/25/16 (S) DP: MCGUIRE, COGHILL, COSTELLO
03/25/16 (S) NR: WIELECHOWSKI
03/25/16 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/25/16 (S) -- MEETING CANCELED --
03/28/16 (S) FIN AT 1:00 PM SENATE FINANCE 532
03/28/16 (S) Heard & Held
03/28/16 (S) MINUTE (FIN)
03/29/16 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/29/16 (S) Heard & Held
03/29/16 (S) MINUTE (FIN)
03/30/16 (S) FIN AT 1:00 PM SENATE FINANCE 532
03/30/16 (S) Heard & Held
03/30/16 (S) MINUTE (FIN)
03/31/16 (S) FIN AT 1:00 PM SENATE FINANCE 532
03/31/16 (S) Heard & Held
03/31/16 (S) MINUTE (FIN)
04/01/16 (S) FIN AT 8:00 AM SENATE FINANCE 532
04/01/16 (S) Heard & Held
04/01/16 (S) MINUTE (FIN)
04/01/16 (S) FIN AT 1:00 PM SENATE FINANCE 532
04/01/16 (S) Heard & Held
04/01/16 (S) MINUTE (FIN)
04/02/16 (S) FIN AT 10:00 AM SENATE FINANCE 532
04/02/16 (S) Heard & Held
04/02/16 (S) MINUTE (FIN)
04/04/16 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/04/16 (S) Heard & Held
04/04/16 (S) MINUTE (FIN)
04/04/16 (S) FIN AT 1:30 PM SENATE FINANCE 532
04/04/16 (S) Heard & Held
04/04/16 (S) MINUTE (FIN)
04/05/16 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/05/16 (S) -- MEETING CANCELED --
04/05/16 (S) FIN AT 1:30 PM SENATE FINANCE 532
04/05/16 (S) Heard & Held
04/05/16 (S) MINUTE (FIN)
04/06/16 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/06/16 (S) Scheduled but Not Heard
04/07/16 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/07/16 (S) Heard & Held
04/07/16 (S) MINUTE (FIN)
04/07/16 (S) FIN AT 5:00 PM SENATE FINANCE 532
04/07/16 (S) Moved CSSSSB 91(FIN) Out of Committee
04/07/16 (S) MINUTE (FIN)
04/08/16 (S) FIN RPT CS 4DP 1NR 1AM NEW TITLE
04/08/16 (S) DP: KELLY, MACKINNON, MICCICHE, BISHOP
04/08/16 (S) NR: DUNLEAVY
04/08/16 (S) AM: HOFFMAN
04/09/16 (S) TRANSMITTED TO (H)
04/09/16 (S) VERSION: CSSSSB 91(FIN) AM
04/10/16 (H) READ THE FIRST TIME - REFERRALS
04/10/16 (H) JUD, FIN
04/10/16 (H) JUD AT 2:00 PM GRUENBERG 120
04/10/16 (H) -- MEETING CANCELED --
04/11/16 (H) JUD AT 1:00 PM GRUENBERG 120
04/11/16 (H) Heard & Held
04/11/16 (H) MINUTE (JUD)
04/13/16 (H) JUD AT 1:00 PM GRUENBERG 120
04/13/16 (H) Heard & Held
04/13/16 (H) MINUTE (JUD)
04/14/16 (H) JUD AT 8:00 AM GRUENBERG 120
WITNESS REGISTER
JORDAN SHILLING, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During the hearing of SB 91, discussed
amendments.
NANCY MEADE, General Counsel
Administrative Staff
Office of the Administrative Director
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 91, discussed
amendments.
QUINLAN STEINER, Director
Central Office
Public Defender Agency (PDA)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 91, discussed
amendments.
TRACEY WOLLENBERG, Deputy Director
Appellate Division
Central Office
Public Defender Agency (PDA)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 91, discussed
amendments.
KACI SCHROEDER, Assistant Attorney General
Criminal Division
Legal Services Section
Department of Law
Juneau, Alaska
POSITION STATEMENT: During the hearing of SB 91, discussed
amendments.
ACTION NARRATIVE
8:05:46 AM
CHAIR GABRIELLE LEDOUX called the House Judiciary Standing
Committee meeting to order at 8:05 a.m. Representatives Keller,
Millett, Claman, and LeDoux were present at the call to order.
Representatives Lynn, Foster and Kreiss-Tomkins arrived as the
meeting was in progress.
SB 91-OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS
8:06:21 AM
CHAIR LEDOUX announced the only order of business would be CS
FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91(FIN) am, "An Act
relating to criminal law and procedure; relating to controlled
substances; relating to immunity from prosecution for the crime
of prostitution; relating to probation; relating to sentencing;
establishing a pretrial services program with pretrial services
officers in the Department of Corrections; relating to the
publication of suspended entries of judgment on a publicly
available Internet website; relating to permanent fund
dividends; relating to electronic monitoring; relating to
penalties for violations of municipal ordinances; relating to
parole; relating to correctional restitution centers; relating
to community work service; relating to revocation, termination,
suspension, cancellation, or restoration of a driver's license;
relating to the excise tax on marijuana; establishing the
recidivism reduction fund; relating to the Alaska Criminal
Justice Commission; relating to the disqualification of persons
convicted of specified drug offenses from participation in the
food stamp and temporary assistance programs; relating to the
duties of the commissioner of corrections; amending Rules 32,
32.1, 38, 41, and 43, Alaska Rules of Criminal Procedure, and
repealing Rules 41(d) and (e), Alaska Rules of Criminal
Procedure; and providing for an effective date."
[Due to their length, some amendments discussed or adopted
during the meeting are located at the end of the minutes for SB
91. Shorter amendments are included within the main text.]
8:06:42 AM
CHAIR LEDOUX moved to adopt Amendment 1, Version 29-LS0541\X.17,
Martin/Gardner, 4/13/16, as follows: [Amendment 1 is provided
at the end of the minutes of SB 91.]
REPRESENTATIVE KELLER objected for purposes of discussion.
8:07:07 AM
JORDAN SHILLING, Staff, Senator John Coghill, Alaska State
Legislature, advised that the amendment is a large technical
amendment and deferred to the Alaska Court System, the Public
Defender's Office, and the Department of Law.
8:08:07 AM
NANCY MEADE, General Counsel, Administrative Staff, Office of
the Administrative Director, Alaska Court System, advised she
had just received the amendment and believed the amendment
incorporated technical amendments from the three entities who
worked on it ...
CHAIR LEDOUX offered to allow Ms. Meade an opportunity to review
the amendment while the other two agencies testified.
8:08:50 AM
QUINLAN STEINER, Director, Central Office, Public Defender
Agency (PDA), Department of Administration (DOA), deferred to
Tracey Wollenberg for the technical amendments.
8:09:10 AM
TRACEY WOLLENBERG, Deputy Director, Appellate Division, Central
Office, Public Defender Agency (PDA), Department of
Administration (DOA), agreed that this is a technical amendment
incorporating the many technical changes made on SB 91, carried
over to the bill [Version 29-LS0541\X] before the committee.
She acknowledged that these changes were suggested by the Public
Defender Agency, Alaska Court System, and the Department of Law
and she could walk through the changes and explain the changes
relating to the Public Defender Agency.
8:09:52 AM
REPRESENTATIVE KELLER drew the committee's attention to the
"great summary" before the members and that some of the
technical amendments could be mind-numbing, such as punctuation
changes.
CHAIR LEDOUX suggested explaining technical amendments that have
substantive characteristics.
8:10:46 AM
MS. WOLLENBERG referred to [Amendment 1, page 1, lines 1-7] and
explained that the amendment adds back into the citation
provision, a line that had been previously taken out, which
gives the contacting officer discretion to arrest if the person
is a danger to others. Previously, she offered, there was an
exception for arresting someone if the crime involved harm to
persons or property. This amendment would give the officer
discretion to arrest, if it's not one of those types of crimes,
but the officer still makes a determination whether the person
presents a danger. Together with that, she explained, it would
give an officer discretion to arrest for disorderly conduct,
which can range from making unreasonably loud noise to failing
to observe an officer's request to disburse, she explained.
8:11:52 AM
MS. WOLLENBERG referred to [Sec. 55, AS 12.30.011, page 33, line
7 of the bill] and advised that the change Representative Keller
referenced, Sec. 55, line 7, makes clear how a judicial officer
should set bail on a Petition to Revoke Probation. She offered
there had been a rewrite of the bill statute tied to specific
events and risk levels, and it was unclear exactly how the judge
should set bail when a person is brought in on a Petition to
Revoke Probation and not necessarily charged with a new offense.
She reiterated that adding this change makes it clear that under
those circumstances the judge should set the least restrictive
conditions that are reasonably necessary to ensure appearance
and safety.
8:12:38 AM
MS. WOLLENBERG referred to Sec. 80, page 2 of the spreadsheet
[Sec. 80, AS 12.55110, page 48, line 13 of the bill], and
advised that previously excluded from the definition of
"technical violation" for a probation violation, was the notion
that the conduct resulted from an arrest for new criminal
conduct. This change makes clear that a person does not
necessarily have to be arrested and charged with a new crime,
it's enough to take it out of the technical violation status if
the conduct engaged in constitutes new criminal conduct, she
explained.
8:13:53 AM
MS. WOLLENBERG turned to Sec. 116, page 3, of the spreadsheet
[Sec. 116, AS 33.07.030, page 71 of the bill] and advised that
it is a drafting error this, inserted into the Pretrial Services
provision, is a whole rewrite of the recommendation that the
Pretrial Services Officer is to make to the court. She
explained that it was drafted in an earlier version of the
Senate bill, but never inserted into the Senate bill, and it was
inadvertently put into this bill. This, she pointed out,
reverses it back to Version H, which comports with the
recommendations.
8:14:41 AM
MS. WOLLENBERG turned to Sec. 144, page 5 of the spreadsheet [AS
33.16.215, page 92, line 30 of the bill] and advised that the
change is similar to the change she discussed with regard to
technical probation violations. This would make a similar
change in the parole statute, in not making the exclusion from
technical violations for new criminal conduct contingent on
arrest, she offered.
8:15:39 AM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Legal Services Section, Department of Law, turned to the
spreadsheet and offered to explain provisions within the
spreadsheet with her name attached.
CHAIR LEDOUX agreed.
REPRESENTATIVE CLAMAN directed that she should only explain the
provisions she believes are significant.
CHAIR LEDOUX clarified that she should explain any change with a
more substantive component.
8:16:40 AM
The committee took an at-ease from 8:16 p.m. to 8:17 p.m.
8:17:04 AM
CHAIR LEDOUX asked Ms. Schroeder to refer to the entire code
section.
MS. SCHROEDER turned to AS 12.25.180, Sec. 47, page 1 of the
spreadsheet, [page 25, lines 18-19 of the bill] and advised that
it adds disorderly conduct as one of the reasons someone can be
arrested. For example, if someone is on another person's
premises and refuses to leave, that is disorderly conduct and
they could be arrested rather than just cited, she explained.
8:17:40 AM
MS. SCHROEDER turned to AS 12.55.090, Sec. 77, page 2 of the
spreadsheet, [page 44, lines 25-27 of the bill] and advised the
change makes certain the person is in full compliance with all
of the conditions of probation for all of the cases they are on
probation for, because some defendants have multiple cases and
multiple probation conditions.
8:18:45 AM
MS. SCHROEDER turned to Sec. 121, AS 33.16.089, page 4 of the
spreadsheet [page 78, lines 26-27 of the bill] and advised that
this change relates to the eligibility for administrative
parole. She explained that it references the person who is
potentially eligible that has to be in compliance with the case
plan under AS 33.30.011(8), and the phrasing of that particular
section of statute reads that they participate in programing.
She advised there was a question as to whether or not it was
intended that they just be participating or whether they had to
have actually completed the programing. Language is added there
to ensure clarity that the person must have actually completed
the programming and not just be participating. She added that
the remainder of the changes were technical.
8:20:11 AM
MS. MEADE noted that only "not hyper-technical" change was in
Sec. 55, AS 12.30.011(h)(14), page 1 of the spreadsheet, [page
32, lines 4-8 of the bill], are the bail conditions that a judge
may impose. The judge, after receiving recommendations from the
pretrial services office has a list of things they can make as
conditions when releasing a person. She explained that this
refers to the 24/7 program, and the language was modified to be
consistent with other statutes. Specifically, if the crime is
under Title 4, alcohol related or DUI related, a person can be
ordered to go to a 24/7 program as a bail condition, and
similarly, drug crime offenders can be ordered to go to a 24/7
program as a bail condition. She advised that this change made
the same thing available in the generalized bail statute, and
now the judge can send anyone with an alcohol or drug related
offense to a 24/7 program in appropriate cases. Other than
that, she offered, the changes the court system requested are
clarifying and are non-controversial.
8:21:58 AM
REPRESENTATIVE KELLER removed his objection. There being no
further objection, Amendment 1 was adopted.
8:22:08 AM
REPRESENTATIVE CLAMAN moved to adopt Amendment 2, Version 29-
LS0541\X.2, Martin/Gardner, 4/12/16, as follows:
Page 17, lines 16 - 20:
Delete all material and insert:
"(1) [UNDER CIRCUMSTANCES NOT PROSCRIBED
UNDER AS 11.71.020(a)(2) - (6),] manufactures or
delivers, [ANY AMOUNT OF A SCHEDULE IIA OR IIIA
CONTROLLED SUBSTANCE] or possesses [ANY AMOUNT OF A
SCHEDULE IIA OR IIIA CONTROLLED SUBSTANCE] with intent
to manufacture or deliver, one or more preparations,
compounds, mixtures, or substances of an aggregate
weight of 2.5 grams or more containing a schedule IA,
IIA, or IIIA controlled substance;"
Page 22, lines 7 - 9:
Delete all material and insert:
"(11) manufactures or delivers, or
possesses with the intent to manufacture or deliver,
one or more preparations, compounds, mixtures, or
substances of an aggregate weight of less than 2.5
grams containing a schedule IA, IIA, or IIIA
controlled substance."
CHAIR LEDOUX objected for purposes of discussion.
8:22:15 AM
REPRESENTATIVE CLAMAN explained that the amendment is to align
HB 205 with SB 91 wherein the weight that would apply would be a
2.5 gram weight, and it also includes the concept that the
weight is by aggregate weight, rather than the specific weight
of the controlled substance. He pointed out that according to
the commission, using the aggregate weight was important for
purposes of actually being able to weigh the substance. He said
controlled substances may have mixes, and when attempting to
determine how much is cocaine, and how much is another agent,
becomes almost impossible for law enforcement to perform its
enforcement duties.
CHAIR LEDOUX offered clarification for the public, the weight
Representative Claman is discussing is the weight of a
controlled substance.
REPRESENTATIVE CLAMAN said it is the weight of the substance
seized.
8:23:21 AM
REPRESENTATIVE KELLER referred to the people following along in
the bill and to make it easier, he pointed to SB 91, Version X,
AS 11.71.030(a)(1), Sec. 38, page 17, lines 16-20, which read:
(1) [UNDER CIRCUMSTANCES NOT PROSCRIBED
UNDER AS 11.71.020(a)(2) - (6),] manufactures or
delivers 2.5 grams or more [ANY AMOUNT] of a schedule
IA, IIA, or IIIA controlled substance with intent to
manufacture or deliver;
REPRESENTATIVE KELLER then referred to SB 91, Version X, AS
11.71.040(a)(11), Sec. 41, AS, page 22, lines 7-9, which read:
(11) manufactures or delivers less than
2.5 grams of a schedule IA, IIA, or IIIA controlled
substance or possesses less than 2.5 grams of a
schedule IA, IIA, or IIIA controlled substance with
intent to manufacture or deliver.
8:23:44 AM
CHAIR LEDOUX removed her objection. There being no further
objection, Amendment 2 was adopted.
8:24:14 AM
CHAIR LEDOUX moved to adopt Amendment 3, Version 29-LS0541\X.7,
Wayne/Gardner, 4/12/16, which read:
Page 43, line 30:
Delete "involving domestic violence"
Insert "under AS 11.41.230"
REPRESENTATIVE MILLETT objected for purposes of discussion.
8:24:29 AM
MR. SHILLING advised the amendment applies the two year
misdemeanor probation limit to all assaults in the fourth
degree, domestic violence related assaults in the fourth degree,
and regular assaults in the fourth degree, rather than all
crimes involving domestic violence.
REPRESENTATIVE MILLETT asked what is currently in statute.
MR. SHILLING opined that, currently, there are two tiers of
limits on probation term lengths, there is 25 years for a felony
sex offense, and 10 years for all other crimes, he opined. The
commission recommended creating a five tiered system to account
for the different seriousness of offenses, and this amendment
closely comports with the commission's recommendations.
REPRESENTATIVE MILLETT asked to set Amendment 3 aside until the
remaining amendments have been heard.
CHAIR LEDOUX agreed.
8:26:37 AM
REPRESENTATIVE KELLER moved to adopt Amendment 4, Version 29-
LS0541\X.8, Martin/Gardner, 4/12/16, which read:
Page 48, line 13:
Delete "or"
Page 48, line 14, following "treatment":
Insert "; or
(C) failing to complete an intervention
program for batterers"
Page 92, line 31:
Delete "or"
Page 93, line 1, following "treatment":
Insert "; or
(C) failing to complete an intervention
program for batterers"
CHAIR LEDOUX objected for purposes of discussion.
MR. SHILLING advised that the amendment would exclude, failing
to complete a batterer's intervention programming from the
definition of technical violation for the purposes of the policy
that caps the length of stay for a technical violation.
8:27:18 AM
CHAIR LEDOUX removed her objection. There being no further
objection, Amendment 4 was adopted.
8:27:28 AM
REPRESENTATIVE CLAMAN moved to adopt Amendment 5, Version 29-
LS0541\X.3, Martin/Gardner, 4/12/16, which read: [Amendment 5
is provided at the end of the minutes for SB 91.]
CHAIR LEDOUX objected for purposes of discussion.
REPRESENTATIVE CLAMAN explained that the amendment does two
things, the first change will increase the mandatory minimum
sentence for murder in the first degree from 20 years to 30
years, which is consistent with the commission's view that the
increase will not have any impact on the commission's goals.
Secondly, he said, in terms of applying the mandatory minimum of
murder in the second degree with cases of multiple victims, it
would give the judge the discretion to stack the mandatory
minimums. He explained that with murder in the second degree
the mandatory minimum is 10 years, and if two people were killed
the judge would have the discretion for the second victim to
have only 25 percent of the mandatory minimum be consecutive.
Therefore, he explained, the mandatory minimum in that instance
would 12.5 years, and the judge would still have discretion to
sentence up to the maximum amount. He advised this would offer,
in cases in which the defendant had unusual prospects of
rehabilitation, the judge some flexibility in stacking.
REPRESENTATIVE MILLETT noted it was a good compromise with
regard to discussions during a previous hearing.
8:29:27 AM
CHAIR LEDOUX removed her objection. There being no objection,
Amendment 5 was adopted.
8:29:38 AM
REPRESENTATIVE LYNN moved to adopt Amendment 6, Version 29-
LS0541\X.13, Martin/Gardner, 4/12/16, which read:
Page 71, line 15, following "Safety,":
Insert "the office of victims' rights,"
CHAIR LEDOUX objected for purposes of discussion.
REPRESENTATIVE LYNN explained the amendment adds the Office of
Victims' Rights to the list of agencies to be consulted by the
Department of Corrections in developing its pretrial release
recommendations and regulations.
8:30:17 AM
CHAIR LEDOUX removed her objection. There being no objection,
Amendment 6 was adopted.
8:30:23 AM
CHAIR LEDOUX moved to adopt Amendment 7, Version 29-LS0541\X.19,
Gardner, 4/13/16, which read:
Page 79, line 22, through page 81, line 14:
Delete all material and insert:
"* Sec. 123. AS 33.16.090(b) is amended to read:
(b) A prisoner eligible under (a)(1) [(a)] of
this section who is sentenced
(1) to a single sentence under AS
12.55.125(a) or (b) may not be released on
discretionary parole until the prisoner has served the
mandatory minimum term under AS 12.55.125(a) or (b),
one-third of the active term of imprisonment imposed,
or any term set under AS 12.55.115, whichever is
greatest;
(2) to a single sentence within or below a
presumptive range set out in AS 12.55.125(i)(1) and
(2) [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR
(i)], and has not been allowed by the three-judge
panel under AS 12.55.175 to be considered for
discretionary parole release, may not be released on
discretionary parole until the prisoner has served the
term imposed, less good time earned under AS
33.20.010;
(3) to a single sentence under AS
12.55.125(i) [AS 12.55.125(c), (d)(2) - (4), (e)(3)
AND (4), OR (i)], and has been allowed by the three-
judge panel under AS 12.55.175 to be considered for
discretionary parole release during the second half of
the sentence, may not be released on discretionary
parole until
(A) the prisoner has served that portion of
the active term of imprisonment required by the three-
judge panel; and
(B) in addition to the factors set out in
AS 33.16.100(a), the board determines that
(i) the prisoner has successfully completed
all rehabilitation programs ordered by the three-judge
panel that were made available to the prisoner; and
(ii) the prisoner would not constitute a
danger to the public if released on parole;
(4) to a single enhanced sentence under AS
12.55.155(a) that is above the applicable presumptive
range may not be released on discretionary parole
until the prisoner has served the greater of the
following:
(A) an amount of time, less good time
earned under AS 33.20.010, equal to the upper end of
the presumptive range plus one-fourth of the amount of
time above the presumptive range; or
(B) any term set under AS 12.55.115;
(5) to a single sentence under any other
provision of law may not be released on discretionary
parole until the prisoner has served at least one-
fourth of the active term of imprisonment, any
mandatory minimum sentence imposed under any provision
of law, or any term set under AS 12.55.115, whichever
is greatest;
(6) to concurrent sentences may not be
released on discretionary parole until the prisoner
has served the greatest of
(A) any mandatory minimum sentence or
sentences imposed under any provision of law;
(B) any term set under AS 12.55.115; or
(C) the amount of time that is required to
be served under (1) - (5) of this subsection for the
sentence imposed for the primary crime, had that been
the only sentence imposed;
(7) to consecutive or partially consecutive
sentences may not be released on discretionary parole
until the prisoner has served the greatest of
(A) the composite total of any mandatory
minimum sentence or sentences imposed under any
provision of law, including AS 12.55.127;
(B) any term set under AS 12.55.115; or
(C) the amount of time that is required to
be served under (1) - (5) of this subsection for the
sentence imposed for the primary crime, had that been
the only sentence imposed, plus one-quarter of the
composite total of the active term of imprisonment
imposed as consecutive or partially consecutive
sentences imposed for all crimes other than the
primary crime;
(8) to a single sentence under AS
12.55.125(i)(3) and (4), and has not been allowed by
the three-judge panel under AS 12.55.175 to be
considered for discretionary parole release, may not
be released on discretionary parole until the prisoner
has served, after a deduction for good time earned
under AS 33.20.010, one-half of the active term of
imprisonment imposed."
REPRESENTATIVE KELLER objected for purposes of discussion.
MR. SHILLING explained that the amendment mirrors an amendment
adopted by the Senate Finance Committee excluding unclassified
sex offenders from discretionary parole eligibility, and moves
the point at which the remaining sex offenders that would fall
under the policy, become eligible from the one-third point in
their sentence to the one-half point in their sentence.
8:31:15 AM
REPRESENTATIVE KELLER removed his objection. There being no
objection, Amendment 7 was adopted.
8:31:41 AM
CHAIR LEDOUX moved to adopt Amendment 8, Version 29-LS0541\X.1,
Gardner, 4/12/16, which read: [Amendment 8 is provided at the
end of the minutes for SB 91.]
REPRESENTATIVE KELLER objected for purposes of discussion.
CHAIR LEDOUX advised that the amendment may be held due to the
possibility of controversy. She explained it prohibits the
court from awarding pretrial credit for time spent on non-
Department of Corrections electronic monitoring. She expressed
that being in charge of monitoring is one of the essential
governmental functions the government should be performing, and
asked whether the Department of Corrections (DOC) had any
comments.
REPRESENTATIVE MILLETT surmised that when someone is on DOC
electronic monitoring they receive time served credit, and when
someone is on private electronic monitoring they do not receive
time served credit. Thereby, creating two different classes of
electronic monitoring, she said.
CHAIR LEDOUX responded that in reality the way it will work is
that DOC will be in charge of everything.
8:33:12 AM
REPRESENTATIVE CLAMAN pointed out that the department would have
the ability to contract out for the service with the private
companies under DOC's purview. Therefore, complaints regarding
the private electronic monitoring companies would go to DOC, he
said.
CHAIR LEDOUX agreed.
REPRESENTATIVE KELLER asked whether the court system has a
comment regarding the amendment.
8:34:32 AM
MS. MEADE related that it is a policy call for the committee,
and the court would give credit depending upon the legislature's
decision on the policy. She opined that under the bill, the
pretrial services office would be in charge of electronic
monitoring the higher risk defendants who are released pretrial.
There would be no dispute that those people would get credit for
time spent on electronic monitoring pretrial with DOC oversight.
The question becomes when, and if, the court still releases
people pretrial under the current system, similar to
professional third-party custodians where the individual hires a
private person as their custodian. In that matter, the
Department of Corrections (DOC) is not administering or in
charge of those people -- that's the question for the committee.
The court is neutral on that and whatever call is made on the
bill the court system could do.
CHAIR LEDOUX set Amendment 8 aside until the remaining
amendments have been heard.
8:35:54 AM
CHAIR LEDOUX moved to adopt Amendment 9, Version 29-LS0541\X.14,
Martin/Gardner, 4/12/16, which read:
Page 110, lines 26 - 29:
Delete all material and insert:
"* Sec. 171. AS 47.38.020 is amended to read:
Sec. 47.38.020. Alcohol and substance abuse
monitoring program. (a) The commissioner, in
cooperation with the commissioner of corrections,
shall establish a program using a competitive
procurement process for certain persons with release
conditions ordered as provided under AS 12.30, or
offenders with conditions of probation, that include
not consuming controlled substances or alcoholic
beverages.
(b) The commissioner shall adopt regulations to
implement the program. The regulations must include
regulations regarding products and services that
provide alcohol and substance abuse monitoring.
(c) The commissioner shall include in the
program
(1) a requirement for twice-a-day testing,
either remotely or in person [IF PRACTICABLE], for
alcoholic beverage use and random testing for
controlled substances;
(2) a means to provide the probation
officer, prosecutor's office, or local law enforcement
agency with notice within 24 hours, so that a
complaint may be filed alleging a violation of AS
11.56.757, a petition may be filed with the court
seeking appropriate sanctions and may be scheduled by
the court for a prompt hearing, or an arrest warrant
may be issued for the person on release or offender
with conditions of probation provided in this
subsection, if the person or offender
(A) fails to appear for an appointment or
fails to complete a test through the use of remote
alcohol or substance abuse monitoring technology as
required by the program requirements; or
(B) tests positive for the use of
controlled substances or alcoholic beverages; and
(3) a requirement that the person or
offender pay, based on the person's or offender's
ability under financial guidelines established by the
commissioner, for the cost of participating in the
program.
(d) The department shall contract with one or
more vendors using a competitive procurement process
in accordance with AS 36.30 to provide or conduct the
testing required under (c) of this section."
REPRESENTATIVE KELLER objected for purposes of discussion
MR. SHILLING explained that the amendment mirrors an amendment
adopted by the Senate Judiciary Standing Committee requiring the
Department of Health and Social Services to contract out, in a
competitive manner through a competitive procurement process,
when choosing to contract with a 24/7 vendor to administer the
sobriety program.
8:37:14 AM
REPRESENTATIVE KELLER removed his objection. There being no
objection, Amendment 9 was adopted.
8:37:27 AM
CHAIR LEDOUX moved to adopt Amendment 10, Version 29LS0541\X.18,
Martin/Gardner, 4/12/16, which read:
Page 78, line 11:
Delete "sexual felony"
Insert "sex offense"
Page 78, line 12:
Delete "AS 12.55.185"
Insert "AS 12.63.100"
REPRESENTATIVE KELLER objected for purposes of discussion.
MR. SHILLING advised the amendment mirrors an amendment adopted
by the Senate Judiciary Standing Committee. Currently, he said,
the bill reads that sex offenders who have committed a felony
sex offense are excluded from the administrative parole
provision. He explained that this amendment deletes sexual
felony, and in its place inserts sex offense, which would now
mean that misdemeanor sex offenders would similarly not be
eligible for administrative parole. He further explained that
this reduces the number of people eligible by including
misdemeanants.
8:38:14 AM
REPRESENTATIVE KELLER said he would like to remove his
objection, but he would like to understand the impact of this
amendment as to safety, and the implication of filling beds at
the corrections centers. He asked to set the bill aside.
CHAIR LEDOUX set Amendment 10 aside.
8:38:46 AM
CHAIR LEDOUX moved to adopt Amendment 11, Version 29LS0541\X.10,
Gardner, 4/13/16, which read:
Page 92, lines 1 - 3:
Delete all material and insert:
"(4) has not been convicted of
(A) an unclassified felony offense under AS
11;
(B) a sexual felony as defined by AS
12.55.185;
(C) a crime involving domestic violence as
defined by AS 18.66.990; or
(D) a misdemeanor."
REPRESENTATIVE KELLER objected for purposes of discussion.
MR. SHILLING explained that the amendment excludes misdemeanants
from the early discharge policy. The commission recommended
that if an individual were to successfully complete one year of
probation, without any violations and in full compliance with
their conditions, that a recommendation be made to the court
that they be discharged early. The Senate Finance Committee
adopted an amendment similar to this, due to thought that
because a misdemeanant is not actively supervised by the
Department of Corrections (DOC), and does not have a probation
or parole officer, that it would be difficult to ensure they
have truly been in compliance with their conditions; therefore,
this policy should not apply to misdemeanants.
8:39:57 AM
CHAIR LEDOUX suggested setting Amendment 11 aside.
REPRESENTATIVE CLAMAN offered that this amendment relates to
parole supervision, and not probation supervision. In fact, he
said, people on a misdemeanor sentence are never put on parole.
He added that this amendment recognizes the fact that people on
misdemeanors are never on parole supervision, so there is
nothing to release. He remarked that it makes it more of a
technical correction on the reality of people serving
misdemeanor sentences, and it does not rise to a policy call
from his perspective.
8:40:54 AM
REPRESENTATIVE KELLER said that with Representative Claman's
explanation he removed his objection. There being no objection,
Amendment 11 was adopted.
8:41:11 AM
CHAIR LEDOUX moved to adopt Amendment 12, Version 29-
LS0541\X.11, Martin/Gardner, 4/12/16, which read:
Page 99, line 5:
Delete "and"
Page 99, line 6, following "appropriate":
Insert "; and
(4) a partnership with one or more
nonprofit organizations to allow access to a prisoner
before the prisoner's discharge, release, or furlough
to assist the prisoner with the prisoner's application
for Medicaid, Social Security benefits, public
assistance under AS 47.25, and a state identification
card or driver's license and provide other programs to
assist the prisoner's transition into the community,
promote rehabilitation, and reduce recidivism."
REPRESENTATIVE KELLER objected for purposes of discussion.
MR. SHILLING explained that the amendment mirrors an amendment
adopted by the Senate Finance Committee requiring the Department
of Corrections (DOC) to partner with non-profit organizations.
The non-profit organization would have access to those inmates
close to re-entering into society, and would assist inmates in
applying for public assistance and various other benefits,
including obtaining a state identification card or a driver's
license. He pointed out that this is an effort to improve the
inmate's transition into the community.
8:42:05 AM
REPRESENTATIVE KELLER removed his objection. There being no
objection, Amendment 12 was adopted.
8:42:16 AM
CHAIR LEDOUX moved to adopt Amendment 13, Version 29-
LS0541\X.12, Martin/Gardner, 4/12/16, which read: [Amendment 13
is provided at the end of the minutes on SB 91.]
REPRESENTATIVE KELLER objected for purposes of discussion.
MR. SHILLING explained that the amendment mirrors an amendment
adopted by the Senate Finance Committee in an effort to fund
some of the reinvestment priorities of the commission. The
amendment is similar in nature to the statutes regarding alcohol
tax revenue, because 50 percent of the alcohol tax revenue can
be used for alcohol treatment, and the amendment reads that 50
percent of marijuana tax revenue can be used for recidivism
reduction programs. He explained that it is not a dedicated
fund, and within the fiscal note $3 million in FY17 is expected
to be collected for the purposes of this fund. It will be used
to fund Victims' Services Violence Prevention through Council on
Domestic Violence and Sexual Assault (CDVSA), through re-entry
and substance abuse treatment through the Department of Health
and Social Services, and pretrial supervision through the
Department of Corrections.
8:43:39 AM
REPRESENTATIVE KELLER removed his objection. There being no
objection, Amendment 13 was adopted.
8:43:48 AM
REPRESENTATIVE KREISS-TOMKINS moved to adopt Amendment 14,
Version 29-LS0541\X.21, Gardner, 4/13/16, which read:
Page 102, line 30, following "reforms;":
Delete "and"
Page 103, line 1, following "reform":
Insert "; and
(4) appoint a working group to review and
analyze sexual offense statutes and report to the
legislature if there are circumstances under which
victims' rights, public safety, and the rehabilitation
of offenders are better served by changing existing
laws; the commission shall deliver the report to the
senate secretary and the chief clerk of the house of
representatives and notify the legislature that the
report is available; the commission may include in the
working group people representing a variety of
viewpoints who are not members of the commission"
CHAIR LEDOUX objected for purposes of discussion.
REPRESENTATIVE KREISS-TOMKINS related that the amendment is
motivated by discussions of minimums associated with murder in
the second degree, the associated minimums for various sex
crimes, and how some sex crimes had more stringent, harsh, and
severe minimums than murder. Therefore, he related, given the
complexity of this issue, the amendment asks the Alaska Criminal
Justice Commission to direct its attention to this issue.
REPRESENTATIVE MILLETT asked whether the commission has a
working group on this issue.
REPRESENTATIVE KELLER opined, not specifically, although it was
a matter of concern and discussion, it was not targeted in the
past, but probably will be targeted in the future. He asked
Commissioner Quinlan Steiner to respond.
8:45:29 AM
MR. STEINER responded that the commission discussed weighing
into this area, but decided on the limited suggestions in the
recommendations. As a commissioner, he opined, the commission
would welcome the opportunity to review this area as a whole.
He added, the commission didn't specifically not want to look at
it, but rather the commission took the minimum steps that
everyone on the commission agreed would provide a positive
reduction on recidivison.
REPRESENTATIVE KELLER offered, from his own perspective, he
welcomes this amendment because it directs the commission to
review policy it may need to review.
8:46:32 AM
REPRESENTATIVE MILLETT remarked that she would like the Office
of Victims' Rights (OBR) to participate within the amendment,
because it works for the legislature and she wants it to be a
participant in this working group. She expressed it is
important that victims' voices have a part in this as they may
bring insight. She asked to add a conceptual amendment that
includes the Office of Victims' Rights to participate within
this working group.
REPRESENTATIVE KELLER related that he does not oppose the
conceptual amendment, and added that having spent time on the
commission, he knows the commission's door is always open. He
said the conceptual amendment isn't necessary, but if it gives
comfort there is no problem.
REPRESENTATIVE MILLETT advised that it would give her comfort to
know the legislature is telling the Office of Victims' Rights
(OBR) to participate.
8:47:26 AM
REPRESENTATIVE MILLETT moved to adopt Conceptual Amendment 1 to
Amendment 14, to add the Office of Victims' Rights to the
working group.
CHAIR LEDOUX said there being no objection, Conceptual Amendment
1 to Amendment 14 was adopted.
8:47:48 AM
CHAIR LEDOUX removed her objection to Amendment 14. There being
no objection, Amendment 14, as amended, was adopted.
8:48:12 AM
REPRESENTATIVE MILLETT moved to adopt Amendment 15, Version 29-
LS0541\X.15, Wayne/Gardner, 4/12/16, which read: [Amendment 15
is provided at the end of the minutes on SB 91.]
CHAIR LEDOUX objected for purposes of discussion.
REPRESENTATIVE MILLETT advised that the amendment deals with
line of death benefits for peace officers in the PERS system,
and allows for spouses and dependent children of officers killed
in the line of duty to receive insurance benefits in the retiree
program.
8:48:44 AM
CHAIR LEDOUX removed her objection. There being no objection,
Amendment 15 was adopted.
8:49:00 AM
CHAIR LEDOUX moved to adopt Amendment 16, Version 29-LS0541.X20,
Martin/Gardner, 4/15/16, which read:
Page 111, line 18:
Delete "counseling, and medical care"
Insert "and counseling"
Page 111, line 31:
Delete "peer-reviewed data"
Insert "research"
REPRESENTATIVE KELLER objected for purposes of discussion.
MR. SHILLING advised the amendment is a technical amendment to
ensure that the previous reinvestment language in HB 205 exactly
mirrors the reinvestment language in the committee substitute
for SB 91. For example, it requires that when determining
whether a program is worthy of funding that it is based upon
best research rather than simply peer-reviewed research. He
reiterated that it is a technical amendment to conform the
language with SB 91 as it came to the House of Representatives.
8:50:20 AM
REPRESENTATIVE MILLETT referred to a person leaving prison with
a limited license, and asked whether there is a portion of this
that applies to the limited license with a red line through it
indicating the person is under treatment. She asked whether
that amendment was made within this legislation.
MR. SHILLING opined that the provision is not in the committee
substitute nor is there an amendment addressing that issue.
Although, he said, this concept has been discussed to ensure
when an individual is released from prison, on the various types
of parole, with a condition they not consume or possess alcohol,
there would be something on the license to indicate they are not
to drink.
REPRESENTATIVE MILLETT said she did not want to hold up this
amendment, but she believes the committee is lacking one
amendment. The amendment would be that when folks are released
with alcohol provisions as part of their release -- because the
bill is directing the Department of Corrections (DOC) to make
sure people have identification. The provision not in the bill
is when folks are issued their driving license, if not consuming
alcohol is part of their condition of release that there should
be that standard. She said the issue would be that they can't
go into a liquor store and buy alcohol.
CHAIR LEDOUX suggested that Representative Millett draft an
amendment, and she pointed out that after SB 91 is passed out of
this committee, the bill has one more stop [before moving to the
floor of the House of Representatives].
8:52:11 AM
REPRESENTATIVE CLAMAN surmised that Amendment 16 removes the
provisions helping someone getting out of prison to learn where
they might have access to medical care, and only a reference to
counseling. He asked whether there was a reason to delete
medical care, he said he is aware Amendment 12 has provisions
regarding working with a non-profit to make certain the prisoner
knows how to apply for different medical benefits.
MR. SHILLING responded that it is a policy call of this
committee, and could conceptually be amended. The recidivism
reduction program can fund various types of programs, and there
is medical care that can be provided through this fund. For
example, the non-profits would now be able to assist individuals
in applying for medical care, such as drug and alcohol
treatment, mental health treatment, and cognitive behavioral
treatment.
REPRESENTATIVE CLAMAN noted the amendment is actually not giving
them guidance to where they find medical care, this actually
would be a program that would provide medical care. He surmised
by removing medical care, the committee is saying this
particular program won't provide medical care, but there are
other provisions in the bill giving exiting prisoners direction
about where resources are in the community for medical care.
MR. SHILLING agreed.
CHAIR LEDOUX set Amendment 16 aside.
8:54:14 AM
CHAIR LEDOUX moved to adopt Amendment 17, Version 29-
LS0541\X.16, Martin/Gardner, 4/13/16, which read: [Amendment 17
is provided at the end of the minutes on SB 91.]
REPRESENTATIVE KELLER objected for purposes of discussion.
MR. SHILLING advised there are provisions in the bill providing
for a felony limited license, and currently the state has
misdemeanor limited licenses. He advised that Senator John
Coghill worked for several sessions to put a provision such as
this in place, and it is in SB 91. However, technical changes
and clean-up language was required to make the license work for
both the courts, and the DMV. He opined that this is largely a
technical amendment, and deferred to Ms. Meade on specifics.
8:55:09 AM
MS. MEADE noted that she worked with the Senator Coghill and
Chair LeDoux's staff members to ensure that [Amendment 17] would
work in keeping with the intent. She explained that the intent
is to allow certain people with felony DUIs, after their
driver's license was revoked permanently, to obtain a limited
license for a time period and; thereafter, have their license
restored if they drive successfully under that limited license.
She stated that the court system is neutral on this amendment,
but acknowledged that she did make suggestions to make it
workable in keeping with its intent. She described that the
version in the bill, before the amendment, made it quite
complicated for individuals to obtain the limited license
because they had to make several stops along the way, and the
amendment would fix some technical things. For example, she
said, it read that the person must have completed therapeutic
court, or have done it for six-months. Except, she explained,
the six-months was intended to be, if the person is in
therapeutic court for at least six-months of the entire time
period, the person can obtain it then also. The Department of
Motor Vehicles will be giving these limited licenses and it
wanted to ensure that it receives verification from the
applicant that they actually did go through therapeutic court,
which would be the third entry on Amendment 17.
8:56:47 AM
MS. MEADE noted the provisions currently in SB 91, without the
amendment, are quite difficult for a person to meet honestly.
She described that they must have gone through therapeutic
court, and must buy the insurance required to drive after having
a DUI on their record. She continued that, almost by
definition, this would be their third DUI, and because they are
in felony-land they must have the ignition interlock device
installed in their car. The amendment removes the 24/7
requirement, because people thought it would be duplicative of
the ignition interlock requirement. She explained that after
people drive on a limited license for three years, they can
submit proof to the DMV that they have complied with the six
items on the checklist and receive their license back fully
restored. This also deletes the requirement that felons go
through the Alaska Alcohol Safety Action Program (ASAP), because
these are felons and felons don't work in the ASAP programs, she
said. Therefore, she pointed out, these changes could be viewed
as somewhat technical, and noted there were some wording changes
that appear to be included within this amendment.
8:58:26 AM
REPRESENTATIVE KELLER removed his objection. There being no
objection, Amendment 17 was adopted.
8:58:38 AM
CHAIR LEDOUX moved to adopt Amendment 18, Version 29-LS0541.X22,
Martin/Gardner, 4/13/16, which read:
Page 116, line 17, following "Act;":
Insert "and"
Page 116, lines 18 - 19:
Delete "; and
(35) AS 47.27.015(i), enacted by sec. 167 of
this Act"
Page 116, lines 20 - 23:
Delete all material and insert:
"(b) AS 12.55.035(b), as amended by sec. 68 of
this Act, applies to offenses committed on or after
the effective date of sec. 68 of this Act.
(c) AS 12.55.027(f), enacted by sec. 67 of this
Act, applies to sentences imposed on or after the
effective date of sec. 67 of this Act, for conduct
occurring before, on, or after the effective date of
sec. 67 of this Act."
Reletter the following subsections accordingly.
Page 117, line 4:
Delete "and"
Page 117, line 5, following "Act":
Insert "; and
(5) AS 33.20.010(d), enacted by sec. 154 of
this Act"
Page 117, line 13:
Delete "and"
Page 117, line 14, following "Act":
Insert "; and
(8) AS 33.16.090(b), as amended by sec. 123
of this Act"
Page 120, line 24, following "Act;":
Insert "and"
Page 120, lines 25 - 26:
Delete "; and
(7) AS 33.20.010(c), as amended by sec. 153
of this Act"
Page 120, following line 26:
Insert a new subsection to read:
"(x) AS 47.27.015(i), enacted by sec. 167 of
this Act, applies to offenses committed before, on, or
after the effective date of sec. 167 of this Act."
REPRESENTATIVE KELLER objected for purposes of discussion.
MR. SHILLING explained that the amendment is technical and
cleans up the applicability sections of the bill. He deferred
to the Department of Law or the Public Defender Agency to
explain the five applicability changes. He then pointed to a
change on page 2, of the amendment, related to opting Alaska out
of the prohibition on food stamps for felony drug offenders.
This would make that provision of the bill retroactive to apply
to current drug felons, she explained.
CHAIR LEDOUX asked Ms. Wollenberg to come forward.
MS. WOLLENBERG apologized that she was just seeing this
amendment for the first time.
CHAIR LEDOUX set Amendment 18 aside, and noted that four other
amendments have been set aside.
9:00:43 AM
CHAIR LEDOUX advised that the House Judiciary Standing Committee
meeting was recessed at 9:00 a.m. to a call of the chair.
10:12:29 AM
CHAIR LEDOUX called the House Judiciary Standing Committee
meeting back to order at 10:12 a.m. Representatives Millett,
Lynn, Foster, Claman, Kreiss-Tomkins, Keller, and LeDoux were
present at the call to order.
CHAIR LEDOUX returned the committee to SB 91, and amendments.
10:13:14 AM
REPRESENTATIVE MILLETT moved to adopt Amendment 3, [Version 29-
LS0541.X7, Wayne/Gardner, 4/12/16]. [Text provided previously
within these minutes.]
CHAIR LEDOUX objected for purposes of discussion.
REPRESENTATIVE CLAMAN related that within HB 205, fourth degree
assault was limited to one year probation, except in cases
involving domestic violence. Amendment 3 allows the court the
ability to put a person convicted of any assault in the fourth
degree up to two years' probation, rather than the one year
limit. He offered that this gives the court more discretion in
looking at the offender and the seriousness of the offense, in
any assault case, to have up to two years' probation.
REPRESENTATIVE FOSTER surmised that it is not a mandatory two
years, rather it is discretion up to two years.
REPRESENTATIVE CLAMAN agreed.
10:14:29 AM
CHAIR LEDOUX removed her objection. There being no objection,
Amendment 3 was adopted.
10:14:48 AM
REPRESENTATIVE MILLETT moved to adopt Amendment 10, [Version 29-
LS0541.X.18, Gardner, 4/13/16]. [Text provided previously
within these minutes.]
CHAIR LEDOUX objected for purposes of discussion.
REPRESENTATIVE KELLER offered that he had objected previously to
the amendment, and said that as he read through the amendment,
he realized it truly is a technical change and removed his
[previous] objection.
CHAIR LEDOUX removed her objection. There being no objection,
Amendment 10 was adopted.
10:15:38 AM
CHAIR LEDOUX advised the committee that Amendment 16, [Version
29-LS0541\X.20, Martin/Gardner, 4/13/16] was withdrawn.
10:16:07 AM
CHAIR LEDOUX reminded the committee that she had previously
moved to adopt, and then set Amendment 18 aside [Amendment 18
Version 29-LS0541.X22, Martin/Gardner, 4/13/16]. Chair LeDoux
invited Ms. Wollenberg to testify.
MS. WOLLENBERG explained that the amendment is an amendment to
the applicability provisions and it does the five main things,
as follows: it makes retroactive the provision dealing with
eligibility for food stamps and temporary assistance, and
applies to offenses committed before, on, or after the effective
date; and the amendment makes prospective the section increasing
the maximum permissible fine for a class A misdemeanor,
increasing that to $25,000 which would apply to offenses
committed on, or after, consistent with the prohibition on ex
post facto laws. The third, fourth, and fifth impacts would all
make applicability apply to sentences imposed on, or after, the
effective date for offenses occurring before, on, or after. She
explained that those three provisions are: the treatment
provision in AS 12.55.027(f) which further defined what a
treatment program is. That provision, consistent with the other
changes made to the pretrial credit for treatment provisions,
would apply to sentences imposed on, or after, the effective
date. She further explained that the earned good time credit
provision for individuals convicted of sex offenses would also
apply to sentences imposed on, or after, as would the changes to
the discretionary parole provision. Therefore, she pointed out,
at sentencing all of the parties and victims are aware of what
the possibilities were in terms of statutory good time credit
and discretionary parole eligibility.
10:18:35 AM
REPRESENTATIVE KELLER removed his objection. There being no
objection, Amendment 18 was adopted.
10:18:49 AM
CHAIR LEDOUX returned the committee to Amendment 8, [Version 29-
LS0541\X.1, Gardner, 4/12/16, and advised she is withdrawing
Amendment 8.
CHAIR LEDOUX noted there were no further amendments and asked
the pleasure of this committee.
10:19:16 AM
REPRESENTATIVE MILLETT thanked Chair LeDoux for her leadership,
every member of this committee, Senator Coghill's staff Jordan
Shilling, Chair LeDoux's staff, Kalyssa Maile and Amy Michel,
and her staff, Grace Abbott. She acknowledged that this is not
an easy subject and she is convinced the legislature is moving
down the right path for criminal justice reform. The commission
and commissioners provided an exceptional explanation of the
recommendations and backed it up with data. She said she wants
the public to know the changes that came to the House Judiciary
Standing Committee were based upon public testimony, people with
experience within the criminal justice system, people that had
success, limited success, and future successes in the criminal
justice system. In moving forward there is a fundamental shift
in how criminal justice is viewed for Alaskans as they enter and
exit the criminal justice system. She remarked that Alaska is
good at having people enter the criminal justice system, and has
failed many Alaskans exiting the criminal justice system, and
opined this bill will change that to better outcomes for
Alaskans and safer communities. Resistance came from victims'
advocates, she acknowledged, and their testimonies helped to
shape this version of the bill. The bill was also shaped with
incredible work and due diligence in attempting to understand
the criminal justice system as it stands now, and what this
shift will look like in the future.
10:22:19 AM
REPRESENTATIVE KELLER offered that Representative Millett's hard
work was obvious, and that he appreciates the work of staff
members who put many hours into the work. He also recognized
that Representative Millett is carrying the House of
Representative's side of the work and he thanked her.
REPRESENTATIVE LYNN related that while he is not a fan of this
bill, he is a fan of how the entire hearings have been
conducted. He expressed congratulations to Chair LeDoux, each
member on the committee, and to the many people who testified
and shared their personal stories that helped the committee to
come to each member's decisions.
REPRESENTATIVE KREISS-TOMKINS echoes the thoughts of the three
previous speakers and asked for a brief at ease.
10:23:50 AM
The committee took a brief at ease from 10:23 a.m. to 10:26 a.m.
10:26:22 AM
REPRESENTATIVE KREISS-TOMKINS stated that the House Judiciary
Standing Committee is the best functioning committee he has seen
in the legislature. This piece of legislation is one of the
hardest in terms of sincere emotional and intellectual
engagement with the policies in the bill. People worked as
people, and not as members of any caucus, or area of the state,
or party, and he expressed that is how the legislature should
work. He commented that he wished every committee was like this
committee, and the committee of the whole, for that matter.
10:27:03 AM
REPRESENTATIVE CLAMAN noted that it has been a pleasure to be
involved in this committee on this bill because it works well
together, and the work reflects a common commitment for what is
best for Alaska, while recognizing the DOC has been imperfect,
which is consistent with government. Government is imperfect
and part of the committee's job is to help government do a
better job. He said he is pleased to support this bill, he
thanked Chair LeDoux and the committee for all of its work, and
in particular, Representative Millett for introducing a long and
complex bill.
REPRESENTATIVE FOSTER expressed that he wanted to include with
the committee's many thanks, the Alaska Criminal Justice
Commission and all of its hard work, and he described it as a
good bill.
CHAIR LEDOUX commented that it is always hard to be the last
speaker after everyone goes around and offers compliments. She
particularly thanked her invaluable staff throughout this
process, and said it has been great working with Representatives
Millett and Claman, and the entire committee. She said, "After
Max's passing it was like ... well, how are we going to do this
huge bill without Max? But somehow, or other, we made it
through it, and we did listen to public testimony, and we took
much of that public testimony to heart." She acknowledged there
were significant changes to this bill as a result of the
public's testimonies. Everyone did their best to get this
right, she expressed, nothing is perfect in this world and,
certainly, not in the legislature, but it is trying "not to let
the perfect get in the way of the good." Chair LeDoux described
SB 91 as a good bill, and she is looking forward to passing it
on to its next committee.
CHAIR LEDOUX asked the will of the committee.
REPRESENTATIVE KELLER deferred to the sponsor of the bill.
10:29:53 AM
REPRESENTATIVE MILLETT moved to report House CS for CS for SS
for SB 91, Version 29-LS0541\X, Martin, 4/12/16, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection House CS for CS for SS
for SB 91(JUD), as amended, passed out of the House Judiciary
Standing Committee.
CHAIR LEDOUX advised that the bill passed out of committee and
that Legislative Legal and Research Services will make the
necessary conforming and technical changes to incorporate the
amendments.
AMENDMENTS
The following amendments, 1, 5, 8, 13, 15, 17, to SB 91 were
either discussed or adopted during the hearing. [Shorter
amendments are provided within the main text.]
AMENDMENT 1 [29-LS0541\X.17, Martin/Gardner, 4/13/16]
Page 25, lines 16 - 18:
Delete "[THE CONTACTING OFFICER REASONABLY
BELIEVES THE PERSON IS A DANGER TO SELF OR OTHERS;
(3)]"
Insert "the peace [CONTACTING] officer reasonably
believes the person is a danger to [SELF OR] others;
(3)"
Renumber the following paragraphs accordingly.
Page 25, line 22, following "AS 11.56.750,":
Insert "disorderly conduct under AS 11.61.110,"
Page 26, line 23:
Delete ", and who"
Insert "and the person"
Page 27, line 26:
Delete "only receive"
Insert "receive only"
Page 32, lines 4 - 8:
Delete all material and insert:
"(14) require the person to comply
with a program established under AS 47.38.020 if the
person has been charged with an alcohol-related or
substance-abuse-related offense;"
Page 33, line 7:
Delete "or bail review hearing"
Insert ", bail review hearing, or bail hearing in
connection with a petition to revoke probation"
Page 40, line 27, through page 41, line 4:
Delete all material and insert:
"* Sec. 70. AS 12.55.055(a) is amended to read:
(a) The court may order a defendant
convicted of an offense to perform community work as a
condition of probation, a suspended sentence, [OR]
suspended imposition of sentence, or suspended entry
of judgment, or in addition to any fine or restitution
ordered. If the defendant is sentenced to
imprisonment, the court may recommend to the
Department of Corrections that the defendant perform
community work."
Page 42, lines 25 - 26:
Delete all material and insert:
"(f) The court may not suspend the
imposition or entry of judgment and may not defer
prosecution under this section of a person who"
Page 44, line 24:
Delete "and"
Page 44, following line 24:
Insert a new paragraph to read:
"(4) is currently in compliance
with all conditions of probation for all of the cases
for which the person is on probation; and"
Renumber the following paragraph accordingly.
Page 46, line 6:
Delete "paragraph"
Insert "subparagraph [PARAGRAPH]"
Page 48, line 12:
Delete "result from"
Insert "constitute"
Page 48, line 13:
Delete "commission of"
Page 51, line 11:
Delete "or"
Page 51, line 15:
Delete "the"
Page 52, line 12:
Delete "fifth"
Insert "fourth"
Page 52, lines 12 - 13:
Delete "a person convicted of"
Page 52, line 13:
Delete "sixth"
Insert "fifth"
Page 53, line 3:
Delete "aggravating factors in"
Insert "an aggravating factor under"
Page 53, line 10:
Delete "20 days"
Insert "not later than 10 days"
Page 53, line 11:
Delete "within"
Insert "not later than"
Page 53, line 14, following "(C)":
Insert "not later than"
Page 53, line 15, following "court":
Insert "unless the defendant waives the notice
requirement"
Page 72, line 14, through page 76, line 17:
Delete all material and insert:
"(c) A pretrial services officer shall
recommend for release on personal recognizance, upon
execution of an unsecured appearance bond, or upon
execution of an unsecured performance bond, with
nonmonetary conditions as appropriate, if a defendant
is charged with
(1) a misdemeanor, unless that
misdemeanor is
(A) a crime involving domestic
violence, as defined in AS 18.66.990;
(B) a crime against the person
under AS 11.41;
(C) an offense under AS 11.56.730
or 11.56.757;
(2) a class C felony unless that
felony is
(A) a crime involving domestic
violence, as defined in AS 18.66.990;
(B) a crime against the person
under AS 11.41;
(C) an offense under AS
11.56.730;
(3) an offense under AS 28.35.030 or
28.35.032, if the defendant has been assessed as being
low or moderate risk on the pretrial risk assessment.
(d) A pretrial services officer shall recommend
release on personal recognizance, upon execution of an
unsecured appearance bond, or upon execution of an
unsecured performance bond, with nonmonetary
conditions as appropriate, unless the pretrial
services officer finds
(1) by substantial evidence that no
nonmonetary conditions of release in combination with
release on personal recognizance or upon execution of
unsecured bond can reasonably ensure public safety and
appearance in court; and
(2) the defendant has been charged with
(A) an offense under AS 28.35.030 or
28.35.032, and the offender has been assessed as high
risk under a pretrial risk assessment;
(B) an offense under AS 11.56.730 or
11.56.757, and the offender has been assessed as low
to moderate risk under a pretrial risk assessment; or
(C) any other offense, and the
defendant has been assessed as being low risk under a
pretrial risk assessment.
(e) A pretrial services officer may
supervise a defendant released while awaiting trial,
imposing the least restrictive level of supervision
that will reasonably ensure the appearance of the
person in court and the safety of the victim, other
persons, and the community, and prioritizing higher
levels of supervision for a defendant accused of
serious charges or assessed as moderate or high risk
under a pretrial risk assessment. The commissioner
may, in accordance with AS 36.30, procure and enter
into agreements or contracts for the supervision of
defendants on electronic monitoring during the
pretrial period."
Reletter the following subsection accordingly.
Page 76, line 22:
Delete "arrest a defendant who has been released
pretrial without a warrant"
Insert "arrest, without a warrant, a defendant
who has been released while awaiting trial"
Page 78, line 23:
Delete "AS 33.16.050"
Insert "AS 33.16.150"
Page 78, line 26:
Delete "established"
Insert ", including completing programming in the
case plan,"
Page 78, line 31, through page 79, line 2:
Delete all material and insert:
"(c) If a victim makes a request at least
60 days before the prisoner's earliest parole
eligibility date for a hearing under AS 33.16.120, the
board shall conduct the hearing not later than 30 days
before the prisoner's earliest parole eligibility
date. The board may release or deny release of a
prisoner on administrative parole after the hearing.
(d) The board shall send notice to the
victim at least 90 days before the prisoner's earliest
parole eligibility date and provide instructions on
how to request a hearing under AS 33.16.120."
Page 83, lines 15 - 19:
Delete "[AND]
(9) other relevant information that
may be reasonably available;
(10) the case plan created under AS
33.30.011(8) for the prisoner, including a compliance
report on the case plan; and
(11) a reentry plan created under AS
33.30.011(9)."
Insert "(9) the case plan created under AS
33.30.011(8) for the prisoner, including a compliance
report on the case plan;
(10) a reentry plan created under AS
33.30.011(9); and
(11) [AND (9)] other relevant
information that may be reasonably available."
Page 84, line 7, following "violence":
Insert "or of a sexual assault under AS 11.41.110
- 11.41.427"
Page 91, line 24, through page 92, line 3:
Delete all material and insert:
"* Sec. 143. AS 33.16.210 is amended by adding a
new subsection to read:
(c) A parole officer shall recommend to the
board early discharge for all parolees who
(1) have completed at least one year
on parole;
(2) have completed all treatment
programs required as a condition of parole;
(3) have not been found in violation
of conditions of parole by the board for at least one
year; and
(4) have not been convicted of
(A) an unclassified felony
offense under AS 11;
(B) a sexual felony as defined by
AS 12.55.185;
(C) a crime involving domestic
violence as defined by AS 18.66.990; or
(D) a misdemeanor."
Page 92, line 5:
Delete "a technical violation"
Insert "technical and other violations"
Page 92, following line 23:
Insert a new subsection to read:
"(d) If the defendant is ordered to
complete treatment under AS 33.16.150(a)(3) and does
not comply with the board's order, the board may order
the parolee to show cause why the board should not
revoke the parole for noncompletion of treatment. In a
parole revocation proceeding brought as a result of
failure to complete treatment, it is an affirmative
defense that the parolee was unable to afford the cost
of treatment or secure a place in a free treatment
program, despite having made continuing good faith
efforts. If the board finds that the parolee was
unable to complete treatment despite having made
continuing good faith efforts, the parole may not be
revoked solely because of an inability to pay. If the
board does not find that the noncompletion of
treatment was attributable to the parolee's inability
to pay, the board may revoke parole subject to the
limits established in this section."
Reletter the following subsection accordingly.
Page 92, line 30:
Delete "result from"
Insert "constitute"
Page 92, line 31:
Delete "commission of"
Page 93, line 27:
Delete "cannot"
Insert "may not"
Page 95, lines 15 - 20:
Delete all material and insert:
"* Sec. 153. AS 33.20.010(c) is amended to read:
(c) A prisoner may not be awarded a good
time deduction under (a) of this section for any time
[PERIOD] spent [IN A TREATMENT PROGRAM,] in a private
residence unless, during that time, the prisoner was
[, OR WHILE] under electronic monitoring."
Page 95, line 21:
Delete "a new subsection"
Insert "new subsections"
Page 95, following line 21:
Insert a new subsection to read:
"(d) A prisoner may be awarded a good time
deduction under (a) of this section for any time spent
in a treatment program."
Reletter the following subsection accordingly.
Page 97, line 10, following "program;":
Insert "the program must include a requirement for an
assessment before a prisoner's release on parole,
furlough, or electronic monitoring from a correctional
facility;"
Page 102, line 30:
Delete the second occurrence of "and"
Page 103, line 1, following "reform":
Insert "; and
(4) explore the possibility of
entering into mutually agreeable arrangements with
regional nonprofit organizations, including tribes and
tribal organizations, to provide the pretrial,
probation, and parole services needed in underserved
areas of the state"
Page 110, lines 16 - 19:
Delete "(A) assessments are conducted using a
validated risk and needs assessment tool; and
(B) supervision of participants is
appropriate to the assessed risk of re-offense of the
participant."
Insert "(A) screenings are conducted using a
validated risk tool; and
(B) monitoring of participants is
appropriate to the risk of reoffense of the
participant as determined by the screening."
Page 110, lines 23 - 25:
Delete "(1) assessment of eligible participants
to determine the risk of the person to re-offend and
the criminal risk factors that are contributing to the
risk; and
(2) supervision of participants based on
the assessed risk to re-offend."
Insert "(1) screening of eligible persons to
determine the risk of the person to reoffend and the
criminal risk factors that are contributing to the
risk; and
(2) monitoring of participants based on the
risk to reoffend as determined by the screening."
AMENDMENT 5 [29LS0541\X.3, Martin/Gardner, 4/12/16]
Page 48, following line 20:
Insert a new bill section to read:
"* Sec. 82. AS 12.55.125(a) is amended to read:
(a) A defendant convicted of murder in the first
degree or murder of an unborn child under AS
11.41.150(a)(1) shall be sentenced to a definite term
of imprisonment of at least 30 [20] years but not more
than 99 years. A defendant convicted of murder in the
first degree shall be sentenced to a mandatory term of
imprisonment of 99 years when
(1) the defendant is convicted of the
murder of a uniformed or otherwise clearly identified
peace officer, firefighter, or correctional employee
who was engaged in the performance of official duties
at the time of the murder;
(2) the defendant has been previously
convicted of
(A) murder in the first degree under
AS 11.41.100 or former AS 11.15.010 or 11.15.020;
(B) murder in the second degree under
AS 11.41.110 or former AS 11.15.030; or
(C) homicide under the laws of another
jurisdiction when the offense of which the defendant
was convicted contains elements similar to first
degree murder under AS 11.41.100 or second degree
murder under AS 11.41.110;
(3) the defendant subjected the murder
victim to substantial physical torture;
(4) the defendant is convicted of the
murder of and personally caused the death of a person,
other than a participant, during a robbery; or
(5) the defendant is a peace officer who
used the officer's authority as a peace officer to
facilitate the murder."
Renumber the following bill sections accordingly.
Page 51, following line 5:
Insert a new bill section to read:
"* Sec. 86. AS 12.55.127(c) is amended to read:
(c) If the defendant is being sentenced for
(1) escape, the term of imprisonment shall
be consecutive to the term for the underlying crime;
(2) two or more crimes under AS 11.41, a
consecutive term of imprisonment shall be imposed for
at least
(A) the mandatory minimum term under
AS 12.55.125(a) for each additional crime that is
murder in the first degree;
(B) one-fourth of the mandatory minimum term
under AS 12.55.125(b) for each additional crime that
is murder in the second degree;
(C) [(B)] the mandatory minimum term for
each additional crime that is an unclassified felony
governed by AS 12.55.125(b) other than murder in the
second degree;
(D) [(C)] the presumptive term specified in
AS 12.55.125(c) or the active term of imprisonment,
whichever is less, for each additional crime that is
(i) manslaughter; or
(ii) kidnapping that is a class A felony;
(E) [(D)] two years or the active term of
imprisonment, whichever is less, for each additional
crime that is criminally negligent homicide;
(F) [(E)] one-fourth of the presumptive
term under AS 12.55.125(c) or (i) for each additional
crime that is sexual assault in the first degree under
AS 11.41.410 or sexual abuse of a minor in the first
degree under AS 11.41.434, or an attempt,
solicitation, or conspiracy to commit those offenses;
and
(G) [(F)] some additional term of
imprisonment for each additional crime, or each
additional attempt or solicitation to commit the
offense, under AS 11.41.200 - 11.41.250, 11.41.420 -
11.41.432, 11.41.436 - 11.41.458, or 11.41.500 -
11.41.520."
Renumber the following bill sections accordingly.
Page 113, line 12:
Delete "sec. 87"
Insert "sec. 89"
Page 113, line 15:
Delete "sec. 116"
Insert "sec. 118"
Page 116, following line 12:
Insert new paragraphs to read:
"(29) AS 12.55.125(a), as amended by sec.
82 of this Act;
(30) AS 12.55.127(c), as amended by sec. 86 of
this Act;"
Renumber the following paragraphs accordingly.
Page 116, line 13:
Delete "sec. 99"
Insert "sec. 101"
Page 116, line 14:
Delete "sec. 100"
Insert "sec. 102"
Page 116, line 15:
Delete "sec. 110"
Insert "sec. 112"
Page 116, line 16:
Delete "sec. 111"
Insert "sec. 113"
Page 116, line 17:
Delete "sec. 112"
Insert "sec. 114"
Page 116, line 18:
Delete "sec. 160"
Insert "sec. 162"
Page 116, line 19:
Delete "sec. 167"
Insert "sec. 169"
Page 117, line 5:
Delete "sec. 152"
Insert "sec. 154"
Page 117, line 11:
Delete "sec. 103"
Insert "sec. 105"
Page 117, line 12:
Delete "sec. 107"
Insert "sec. 109"
Page 117, line 13:
Delete "sec. 119"
Insert "sec. 121"
Page 117, line 14:
Delete "sec. 121"
Insert "sec. 123"
Page 118, line 12:
Delete "sec. 114"
Insert "sec. 116"
Page 118, line 16:
Delete "sec. 95"
Insert "sec. 97"
Page 118, line 17:
Delete "sec. 96"
Insert "sec. 98"
Page 118, line 18:
Delete "sec. 98"
Insert "sec. 100"
Page 118, line 19:
Delete "sec. 105"
Insert "sec. 107"
Page 118, line 22:
Delete "sec. 117"
Insert "sec. 119"
Page 118, line 23:
Delete "sec. 118"
Insert "sec. 120"
Page 118, line 24:
Delete "sec. 120"
Insert "sec. 122"
Page 118, line 25:
Delete "sec. 122"
Insert "sec. 124"
Page 118, line 26:
Delete "sec. 124"
Insert "sec. 126"
Page 118, line 27:
Delete "sec. 125"
Insert "sec. 127"
Page 118, line 28:
Delete "sec. 126"
Insert "sec. 128"
Page 118, line 29:
Delete "sec. 132"
Insert "sec. 134"
Page 118, line 30:
Delete "sec. 133"
Insert "sec. 135"
Page 118, line 31:
Delete "sec. 134"
Insert "sec. 136"
Page 119, line 1:
Delete "sec. 135"
Insert "sec. 137"
Page 119, line 2:
Delete "sec. 136"
Insert "sec. 138"
Page 119, line 3:
Delete "sec. 137"
Insert "sec. 139"
Page 119, line 4:
Delete "sec. 138"
Insert "sec. 140"
Page 119, line 5:
Delete "sec. 139"
Insert "sec. 141"
Page 119, line 6:
Delete "sec. 141"
Insert "sec. 143"
Page 119, line 7:
Delete "sec. 175"
Insert "sec. 177"
Page 119, line 8:
Delete "175"
Insert "177"
Page 119, line 20:
Delete "sec. 116"
Insert "sec. 118"
Page 119, line 23:
Delete "sec. 140"
Insert "sec. 142"
Page 119, line 24:
Delete "sec. 142"
Insert "sec. 144"
Page 119, line 25:
Delete "sec. 143"
Insert "sec. 145"
Page 119, line 26:
Delete "sec. 144"
Insert "sec. 146"
Page 119, line 27:
Delete "sec. 145"
Insert "sec. 147"
Page 119, line 28:
Delete "sec. 146"
Insert "sec. 148"
Page 119, line 29:
Delete "sec. 147"
Insert "sec. 149"
Page 119, line 30:
Delete "sec. 148"
Insert "sec. 150"
Page 119, line 31:
Delete "sec. 149"
Insert "sec. 151"
Page 120, line 1:
Delete "sec. 150"
Insert "sec. 152"
Page 120, line 2:
Delete "sec. 113"
Insert "sec. 115"
Page 120, line 3:
Delete "sec. 113"
Insert "sec. 115"
Page 120, line 4:
Delete "sec. 113"
Insert "sec. 115"
Page 120, line 5:
Delete "sec. 113"
Insert "sec. 115"
Page 120, line 6:
Delete "sec. 153"
Insert "sec. 155"
Page 120, line 7:
Delete "sec. 153"
Insert "sec. 155"
Page 120, line 8:
Delete "sec. 153"
Insert "sec. 155"
Page 120, line 9:
Delete "sec. 153"
Insert "sec. 155"
Page 120, line 20:
Delete "sec. 82"
Insert "sec. 83"
Page 120, line 21:
Delete "sec. 83"
Insert "sec. 84"
Page 120, line 22:
Delete "sec. 84"
Insert "sec. 85"
Page 120, line 23:
Delete "sec. 85"
Insert "sec. 87"
Page 120, line 24:
Delete "sec. 86"
Insert "sec. 88"
Page 120, line 25:
Delete "sec. 87"
Insert "sec. 89"
Page 120, line 26:
Delete "sec. 153"
Insert "sec. 155"
Page 120, line 30:
Delete "sec. 175"
Insert "sec. 177"
Page 121, line 2:
Delete "sec. 179(a)"
Insert "sec. 181(a)"
Page 121, line 4:
Delete "sec. 179(b)"
Insert "sec. 181(b)"
Page 121, line 7:
Delete "sec. 179(c)"
Insert "sec. 181(c)"
Page 121, line 10:
Delete "sec. 87"
Insert "sec. 89"
Delete "sec. 179(d)"
Insert "sec. 181(d)"
Page 121, line 13:
Delete "sec. 116"
Insert "sec. 118"
Delete "sec. 179(e)"
Insert "sec. 181(e)"
Page 121, line 16:
Delete "Sections 89 and 91"
Insert "Sections 91 and 93"
Page 121, lines 17 - 18:
Delete "82 - 88, 95, 96, 98 - 100, 102, 105, 110
- 112, 153, 159 - 168, 178, 179(b), 179(c), and
179(d)"
Insert "83 - 90, 97, 98, 100 - 102, 104, 107, 112
- 114, 155, 161 - 170, 180, 181(b), 181(c), and
181(d)"
Page 121, line 20:
Delete "Section 92"
Insert "Section 94"
Page 121, lines 21 - 22:
Delete "90, 103, 104, 107, 113 - 115, 117 - 152,
155 - 157, and 169 - 171"
Insert "92, 105, 106, 109, 115 - 117, 119 - 154,
157 - 159, and 171 - 173"
Page 121, line 23:
Delete "116, 176, 177, 179(a), and 179(e)"
Insert "118, 178, 179, 181(a), and 181(e)"
Page 121, line 25:
Delete "Section 158"
Insert "Section 160"
Page 121, line 26:
Delete "sec. 175"
Insert "sec. 177"
AMENDMENT 8 [29-LS0541\X.1, Gardner, 4/12/16]
Page 39, following line 17:
Insert a new bill section to read:
"* Sec. 67. AS 12.55.027(d) is amended to read:
(d) A court may grant credit against a sentence
of imprisonment for time spent under electronic
monitoring if the electronic monitoring is
administered by the Department of Corrections, the
person has not committed a criminal offense while
under electronic monitoring, and the court imposes
restrictions on the person's freedom of movement and
behavior while under the electronic monitoring
program, including requiring the person to be confined
to a residence except for a
(1) court appearance;
(2) meeting with counsel; or
(3) period during which the person is at a
location ordered by the court for the purposes of
employment, attending educational or vocational
training, performing community volunteer work, or
attending a rehabilitative activity or medical
appointment."
Renumber the following bill sections accordingly.
Page 98, lines 12 - 13:
Delete "and procedures for approving electronic
monitoring programs provided by private contractors"
Page 113, line 5:
Delete "sec. 72"
Insert "sec. 73"
Page 113, line 8:
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Insert "sec. 180(b)"
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Insert "sec. 180(c)"
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Insert "sec. 180(d)"
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Insert "sec. 117"
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Insert "sec. 180(e)"
Page 121, line 16:
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Insert "Sections 90 and 92"
Page 121, lines 17 - 18:
Delete "70 - 73, 75, 82 - 88, 95, 96, 98 - 100,
102, 105, 110 - 112, 153, 159 - 168, 178, 179(b),
179(c), and 179(d)"
Insert "71 - 74, 76, 83 - 89, 96, 97, 99 - 101,
103, 106, 111 - 113, 154, 160 - 169, 179, 180(b),
180(c), and 180(d)"
Page 121, line 20:
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115, 117 - 152, 155 - 157, and 169 - 171"
Insert "70, 75, 77 - 82, 91, 104, 105, 108, 114 -
116, 118 - 153, 156 - 158, and 170 - 172"
Page 121, line 23:
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Page 121, line 26:
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Insert "sec. 176"
AMENDMENT 13 [29-LS0541\X.12, Martin/Gardner, 4/12/16]
Page 101, following line 5:
Insert a new bill section to read:
"* Sec. 161. AS 43.61.010 is amended by adding new
subsections to read:
(c) The recidivism reduction fund is established
in the general fund. The Department of Administration
shall separately account for 50 percent of the tax
collected under this section and deposit it into the
recidivism reduction fund.
(d) The legislature may use the annual estimated
balance in the fund to make appropriations to the
Department of Corrections, the Department of Health
and Social Services, or the Department of Public
Safety for recidivism reduction programs.
(e) Nothing in this section creates a dedicated
fund."
Renumber the following bill sections accordingly.
Page 116, line 19:
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Page 119, line 7:
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Insert "sec. 176"
Page 119, line 8:
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Page 121, line 4:
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Page 121, line 7:
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Page 121, line 13:
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Insert "sec. 180(e)"
Page 121, line 18:
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179(d)"
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and 180(d)"
Page 121, line 22:
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Page 121, line 23:
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Insert "177, 178, 180(a), and 180(e)"
Page 121, line 26:
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Insert "sec. 176"
AMENDMENT 15 [29-LS0541\X.15, Wayne/Gardner, 4/12/16]
Page 2, line 2, following "corrections;":
Insert "relating to major medical insurance
coverage under the Public Employees' Retirement System
of Alaska;"
Page 100, following line 11:
Insert new bill sections to read:
"* Sec. 160. AS 39.30.400(b) is amended to read:
(b) Upon application of an eligible person, the
administrator shall reimburse to the eligible person
the costs for medical care expenses as defined in 26
U.S.C. 213(d). Reimbursement is limited to the medical
expenses of
(1) an eligible member, the spouse of an
eligible member, and the dependent children of an
eligible member; [OR]
(2) a surviving spouse and the dependent
children of an eligible member dependent on the
surviving spouse; or
(3) an eligible member's dependent children
if the member dies and there is no surviving spouse.
* Sec. 161. AS 39.35.535(a) is amended to read:
(a) Except as provided in (d) of this section,
the following persons are entitled to major medical
insurance coverage under this section:
(1) for employees first hired before July
1, 1986,
(A) an employee who is receiving a monthly
benefit from the plan and who has elected coverage;
(B) the spouse and dependent children of
the employee described in (A) of this paragraph;
(C) the surviving spouse of a deceased
employee who is receiving a monthly benefit from the
plan and who has elected coverage;
(D) the dependent children of a deceased
employee for whom coverage has been elected [WHO ARE
DEPENDENT ON THE SURVIVING SPOUSE DESCRIBED IN (C) OF
THIS PARAGRAPH];
(2) for members first hired on or after
July 1, 1986,
(A) an employee who is receiving a monthly
benefit from the plan and who has elected coverage for
the employee;
(B) the spouse of the employee described in
(A) of this paragraph if the employee elected coverage
for the spouse;
(C) the dependent children of the employee
described in (A) of this paragraph if the employee
elected coverage for the dependent children;
(D) the surviving spouse of a deceased
employee who is receiving a monthly benefit from the
plan and who has elected coverage;
(E) the dependent children of a deceased
employee for whom coverage has been elected;
(3) for deceased members who were peace
officers or firefighters,
(A) the dependent children of the deceased
member who are eligible to receive a pension benefit
under AS 39.35.430 and for whom coverage has been
elected;
(B) the surviving spouse of the deceased
member who [ARE DEPENDENT ON THE SURVIVING SPOUSE
DESCRIBED IN (D) OF THIS PARAGRAPH IF THE SURVIVING
SPOUSE] has elected coverage and is eligible to
receive a pension benefit under AS 39.35.430 [FOR THE
DEPENDENT CHILDREN].
* Sec. 162. AS 39.35.535(c) is amended to read:
(c) A benefit recipient may elect major medical
insurance coverage in accordance with regulations and
under the following conditions:
(1) a person, other than a disabled member
or a disabled member who is appointed to normal
retirement, must pay an amount equal to the full
monthly group premium for retiree major medical
insurance coverage if the person is
(A) younger than 60 years of age and has
less than
(i) 25 years of credited service as a peace
officer under AS 39.35.360 and 39.35.370; or
(ii) 30 years of credited service under AS
39.35.360 and 39.35.370 that is not service as a peace
officer; or
(B) of any age and has less than 10 years
of credited service;
(2) a person is not required to make
premium payments for retiree major medical coverage if
the person
(A) is a disabled member;
(B) is a disabled member who is appointed
to normal retirement;
(C) is 60 years of age or older and has at
least 10 years of credited service; [OR]
(D) has at least
(i) 25 years of credited service as a peace
officer under AS 39.35.360 and 39.35.370; or
(ii) 30 years of credited service under AS
39.35.360 and 39.35.370 not as a peace officer; or
(E) is receiving a benefit under (a)(3) of
this section.
* Sec. 163. AS 39.35.870(c) is repealed and
reenacted to read:
(c) The following persons are eligible to elect
medical benefits under AS 39.35.880:
(1) a member who is eligible for retirement
under (a) of this section;
(2) a member's surviving spouse if the
member had retired or was eligible for retirement and
medical benefits at the time of the member's death;
(3) a deceased member's surviving spouse,
if the deceased member was a peace officer or
firefighter and the deceased member's surviving spouse
is eligible to receive a benefit under AS 39.35.892;
and
(4) a deceased member's dependent children
if the deceased member was a peace officer or
firefighter and the deceased member's surviving spouse
or dependent children are eligible to receive a
benefit under AS 39.35.892.
* Sec. 164. AS 39.35.870(d) is amended to read:
(d) A person [MEMBERS] shall apply for
retirement and medical benefits on the forms and in
the manner prescribed by the administrator.
* Sec. 165. AS 39.35.870(g) is repealed and
reenacted to read:
(g) If an eligible person elects not to
participate in the retiree major medical insurance
plan, the election becomes irrevocable upon
application for retirement and medical benefits or
when the person reaches 70 1/2 years of age, whichever
is later.
* Sec. 166. AS 39.35.870 is amended by adding a new
subsection to read:
(h) Notwithstanding cessation of benefits under
AS 39.35.892(b), medical benefits for a survivor under
(c)(3) and (4) of this section shall be paid until the
last day of the month in which there is no surviving
spouse and no dependent child.
* Sec. 167. AS 39.35.880(b) is repealed and
reenacted to read:
(b) Retiree major medical insurance plan
coverage elected by a person who is eligible under AS
39.35.870(c) covers
(1) the member, the spouse of the eligible
member, and the dependent children of the eligible
member if the member is the elector;
(2) the surviving spouse and the dependent
children of the eligible member who are dependent on
the surviving spouse if the surviving spouse is the
elector;
(3) the dependent child if the dependent
child, or a person authorized to act on behalf of the
dependent child, is the elector.
* Sec. 168. AS 39.35.880(d) is amended to read:
(d) Major medical insurance coverage takes
effect on the first day of the month following the
date of the administrator's approval of the election
and stops when the person who elects coverage is no
longer eligible to receive coverage [DIES] or fails to
make a required premium payment.
* Sec. 169. AS 39.35.880(g) is amended to read:
(g) The cost of premiums for retiree major
medical insurance coverage for an eligible person
[MEMBER OR SURVIVING SPOUSE] who is
(1) not eligible for Medicare is an amount
equal to the full monthly group premiums for retiree
major medical insurance coverage;
(2) eligible for Medicare is the following
percentage of the premium amounts established for
retirees who are eligible for Medicare:
(A) 30 percent if the member had 10 or
more, but less than 15, years of service;
(B) 25 percent if the member had 15 or
more, but less than 20, years of service;
(C) 20 percent if the member had 20 or
more, but less than 25, years of service;
(D) 15 percent if the member had 25 or
more, but less than 30, years of service;
(E) 10 percent if the member had 30 or more
years of service.
* Sec. 170. AS 39.35.880 is amended by adding a new
subsection to read:
(l) Notwithstanding (g) of this section, a
person who is eligible for major medical insurance
coverage under AS 39.35.870(c)(3) or (4) is not
required to pay premiums under (g)(1) of this section.
* Sec. 171. AS 39.35.894 is amended to read:
Sec. 39.35.894. Premiums for retiree major
medical insurance coverage upon termination of
disability benefits or survivor's pension. The premium
for retiree major medical insurance coverage payable
by an employee whose disability benefit is terminated
under AS 39.35.890(g) or by an eligible survivor whose
survivor pension is terminated under AS 39.35.890(k)
[OR 39.35.892(e)] when the employee would have been
eligible for normal retirement if the employee had
survived shall be determined under AS 39.35.880(g)(2)
as if the employee or survivor were eligible for
Medicare."
Renumber the following bill sections accordingly.
Page 112, following line 26:
Insert a new bill section to read:
"* Sec. 19. AS 39.35.880(c) is repealed."
Renumber the following bill sections accordingly.
Page 116, line 18:
Delete "sec. 160"
Insert "sec. 172"
Page 116, line 19:
Delete "sec. 167"
Insert "sec. 179"
Page 119, line 7:
Delete "sec. 175"
Insert "sec. 187"
Page 119, line 8:
Delete "175"
Insert "187"
Page 120, following line 26:
Insert new bill sections to read:
"* Sec. 198. The uncodified law of the State of
Alaska is amended by adding a new section to read:
TRANSITION: REGULATIONS. (a) The Department of
Administration may adopt regulations necessary to
implement secs. 160 - 171, 191, and 199 of this Act.
Regulations adopted by the Department of
Administration under this section relate to the
internal management of a state agency and are not
subject to AS 44.62 (Administrative Procedure Act)
under AS 39.30.160 and AS 39.35.005.
(b) Regulations adopted under this section may
not take effect before the effective date of the law
being implemented by the regulation.
* Sec. 199. The uncodified law of the State of
Alaska is amended by adding a new section to read:
RETROACTIVITY. Sections 160 - 171 and 191 of this
Act are retroactive to January 1, 2013."
Renumber the following bill sections accordingly.
Page 120, line 30:
Delete "sec. 175"
Insert "sec. 187"
Page 121, line 2:
Delete "sec. 179(a)"
Insert "sec. 192(a)"
Page 121, line 4:
Delete "sec. 179(b)"
Insert "sec. 192(b)"
Page 121, line 7:
Delete "sec. 179(c)"
Insert "sec. 192(c)"
Page 121, line 10:
Delete "sec. 179(d)"
Insert "sec. 192(d)"
Page 121, line 13:
Delete "sec. 179(e)"
Insert "sec. 192(e)"
Page 121, line 16:
Delete "and 91"
Insert ", 91, 198, and 199"
Page 121, line 18:
Delete "159 - 168, 178, 179(b), 179(c), and
179(d)"
Insert "159, 172 - 180, 190, 192(b), 192(c), and
192(d)"
Page 121, line 22:
Delete "169 - 171"
Insert "181 - 183, and 191"
Page 121, line 23:
Delete "176, 177, 179(a), and 179(e)"
Insert "188, 189, 192(a), and 192(e)"
Page 121, line 26:
Delete "sec. 175"
Insert "sec. 187"
AMENDMENT 17 [29-LS0541\X.16, Martin/Gardner, 4/13/16]
Page 58, line 23, through page 59, line 10:
Delete all material.
Renumber the following bill sections accordingly.
Page 60, line 25, following "person":
Insert "is participating in and"
Page 60, line 27, following "AS 28.35.028":
Insert ", and submits verification acceptable to
the department"
Page 61, lines 16 - 18:
Delete all material.
Renumber the following paragraphs accordingly.
Page 61, line 20:
Delete "subsection"
Insert "section"
Delete "section;"
Insert "section."
Page 61, lines 21 - 23:
Delete all material.
Page 65, line 23:
Delete "(b) or"
Page 65, line 27, following "a":
Insert "driving related"
Page 66, lines 11 - 12:
Delete all material and insert:
"(E) the person is otherwise eligible to
have the person's driving privileges restored as
provided in AS 28.15.211; in an application under this
subsection, a person whose license was revoked for a
violation of AS 28.35.030(n) or 28.35.032(p) is not
required to submit compliance as required under AS
28.35.030(h) or 28.35.032(l); and"
Page 113, line 15:
Delete "sec. 116"
Insert "sec. 115"
Page 116, line 13:
Delete "sec. 99"
Insert "sec. 98"
Page 116, line 14:
Delete "sec. 100"
Insert "sec. 99"
Page 116, line 15:
Delete "sec. 110"
Insert "sec. 109"
Page 116, line 16:
Delete "sec. 111"
Insert "sec. 110"
Page 116, line 17:
Delete "sec. 112"
Insert "sec. 111"
Page 116, line 18:
Delete "sec. 160"
Insert "sec. 159"
Page 116, line 19:
Delete "sec. 167"
Insert "sec. 166"
Page 117, line 5:
Delete "sec. 152"
Insert "sec. 151"
Page 117, line 11:
Delete "sec. 103"
Insert "sec. 102"
Page 117, line 12:
Delete "sec. 107"
Insert "sec. 106"
Page 117, line 13:
Delete "sec. 119"
Insert "sec. 118"
Page 117, line 14:
Delete "sec. 121"
Insert "sec. 120"
Page 118, line 12:
Delete "sec. 114"
Insert "sec. 113"
Page 118, line 17:
Delete all material.
Renumber the following paragraphs accordingly.
Page 118, line 18:
Delete "sec. 98"
Insert "sec. 97"
Page 118, line 19:
Delete "sec. 105"
Insert "sec. 104"
Page 118, line 22:
Delete "sec. 117"
Insert "sec. 116"
Page 118, line 23:
Delete "sec. 118"
Insert "sec. 117"
Page 118, line 24:
Delete "sec. 120"
Insert "sec. 119"
Page 118, line 25:
Delete "sec. 122"
Insert "sec. 121"
Page 118, line 26:
Delete "sec. 124"
Insert "sec. 123"
Page 118, line 27:
Delete "sec. 125"
Insert "sec. 124"
Page 118, line 28:
Delete "sec. 126"
Insert "sec. 125"
Page 118, line 29:
Delete "sec. 132"
Insert "sec. 131"
Page 118, line 30:
Delete "sec. 133"
Insert "sec. 132"
Page 118, line 31:
Delete "sec. 134"
Insert "sec. 133"
Page 119, line 1:
Delete "sec. 135"
Insert "sec. 134"
Page 119, line 2:
Delete "sec. 136"
Insert "sec. 135"
Page 119, line 3:
Delete "sec. 137"
Insert "sec. 136"
Page 119, line 4:
Delete "sec. 138"
Insert "sec. 137"
Page 119, line 5:
Delete "sec. 139"
Insert "sec. 138"
Page 119, line 6:
Delete "sec. 141"
Insert "sec. 140"
Page 119, line 7:
Delete "sec. 175"
Insert "sec. 174"
Page 119, line 8:
Delete "175"
Insert "174"
Page 119, line 20:
Delete "sec. 116"
Insert "sec. 115"
Page 119, line 23:
Delete "sec. 140"
Insert "sec. 139"
Page 119, line 24:
Delete "sec. 142"
Insert "sec. 141"
Page 119, line 25:
Delete "sec. 143"
Insert "sec. 142"
Page 119, line 26:
Delete "sec. 144"
Insert "sec. 143"
Page 119, line 27:
Delete "sec. 145"
Insert "sec. 144"
Page 119, line 28:
Delete "sec. 146"
Insert "sec. 145"
Page 119, line 29:
Delete "sec. 147"
Insert "sec. 146"
Page 119, line 30:
Delete "sec. 148"
Insert "sec. 147"
Page 119, line 31:
Delete "sec. 149"
Insert "sec. 148"
Page 120, line 1:
Delete "sec. 150"
Insert "sec. 149"
Page 120, line 2:
Delete "sec. 113"
Insert "sec. 112"
Page 120, line 3:
Delete "sec. 113"
Insert "sec. 112"
Page 120, line 4:
Delete "sec. 113"
Insert "sec. 112"
Page 120, line 5:
Delete "sec. 113"
Insert "sec. 112"
Page 120, line 6:
Delete "sec. 153"
Insert "sec. 152"
Page 120, line 7:
Delete "sec. 153"
Insert "sec. 152"
Page 120, line 8:
Delete "sec. 153"
Insert "sec. 152"
Page 120, line 9:
Delete "sec. 153"
Insert "sec. 152"
Page 120, line 26:
Delete "sec. 153"
Insert "sec. 152"
Page 120, line 30:
Delete "sec. 175"
Insert "sec. 174"
Page 121, line 2:
Delete "sec. 179(a)"
Insert "sec. 178(a)"
Page 121, line 4:
Delete "sec. 179(b)"
Insert "sec. 178(b)"
Page 121, line 7:
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Insert "sec. 178(c)"
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167, 177, 178(b), 178(c), and 178(d)"
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- 157, and 169 - 171"
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10:30:57 AM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 10:30 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 91 - House Judiciary Amendments 1-17.pdf |
HJUD 4/14/2016 8:00:00 AM |
SB 91 |
| CSSB91 HJUD Amendment Overview.pdf |
HJUD 4/14/2016 8:00:00 AM |
SB 91 |