04/08/2009 01:00 PM House JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| HB140 | |
| HB194 | |
| HB138 | |
| HB9 | |
| HJR30 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 194 | TELECONFERENCED | |
| *+ | HJR 30 | TELECONFERENCED | |
| *+ | HB 138 | TELECONFERENCED | |
| += | HB 140 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 9 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 8, 2009                                                                                          
                           1:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Carl Gatto                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Mike Chenault                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 140                                                                                                              
"An Act relating to juries in criminal cases; and providing for                                                                 
an effective date."                                                                                                             
                                                                                                                                
     - FAILED TO MOVE OUT OF COMMITTEE                                                                                          
                                                                                                                                
HOUSE BILL NO. 194                                                                                                              
"An Act relating to the operation of low-speed vehicles."                                                                       
                                                                                                                                
     - MOVED CSHB 194(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 138                                                                                                              
"An Act relating to cruelty to animals."                                                                                        
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 9                                                                                                                
"An  Act  relating  to murder;  authorizing  capital  punishment,                                                               
classifying murder in  the first degree as a  capital felony, and                                                               
allowing  the  imposition  of  the   death  penalty  for  certain                                                               
murders;   establishing   sentencing   procedures   for   capital                                                               
felonies; and amending Rules 32,  32.1, and 32.3, Alaska Rules of                                                               
Criminal Procedure, and Rules 204, 209, 210, and 212, Alaska                                                                    
Rules of Appellate Procedure."                                                                                                  
                                                                                                                                
     - MOVED CSHB 9(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 30                                                                                                   
Relating to the case of the United States v. Wade and to the                                                                    
decision of the Attorney General of the United States with                                                                      
respect to that case.                                                                                                           
                                                                                                                                
     - MOVED HJR 30 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 140                                                                                                                  
SHORT TITLE: JURY NULLIFICATION                                                                                                 
SPONSOR(S): REPRESENTATIVE(S) COGHILL                                                                                           
                                                                                                                                
02/18/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/09       (H)       JUD                                                                                                    
03/18/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/18/09       (H)       Heard & Held                                                                                           
03/18/09       (H)       MINUTE(JUD)                                                                                            
03/30/09       (H)       JUD AT 8:00 AM CAPITOL 120                                                                             
03/30/09       (H)       -- MEETING CANCELED --                                                                                 
04/08/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 194                                                                                                                  
SHORT TITLE: LOW-SPEED MOTOR VEHICLES                                                                                           
SPONSOR(S): REPRESENTATIVE(S) WILSON                                                                                            
                                                                                                                                
03/18/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/18/09       (H)       TRA, JUD                                                                                               
03/26/09       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
03/26/09       (H)       Moved CSHB 194(TRA) Out of Committee                                                                   
03/26/09       (H)       MINUTE(TRA)                                                                                            
03/27/09       (H)       TRA RPT CS(TRA) 3DP 3NR                                                                                
03/27/09       (H)       DP: DOOGAN, GRUENBERG, WILSON                                                                          
03/27/09       (H)       NR: JOHANSEN, MUNOZ, JOHNSON                                                                           
04/08/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 138                                                                                                                  
SHORT TITLE: CRUELTY TO ANIMALS                                                                                                 
SPONSOR(S): REPRESENTATIVE(S) GATTO                                                                                             
                                                                                                                                
02/18/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/09       (H)       JUD, FIN                                                                                               
04/08/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 9                                                                                                                    
SHORT TITLE: CAPITAL PUNISHMENT                                                                                                 
SPONSOR(S): REPRESENTATIVE(S) CHENAULT                                                                                          
                                                                                                                                
01/20/09       (H)       PREFILE RELEASED 1/9/09                                                                                
01/20/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/20/09       (H)       JUD, FIN                                                                                               
02/23/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/23/09       (H)       Heard & Held                                                                                           
02/23/09       (H)       MINUTE(JUD)                                                                                            
02/25/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/25/09       (H)       Heard & Held                                                                                           
02/25/09       (H)       MINUTE(JUD)                                                                                            
03/02/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/02/09       (H)       Heard & Held                                                                                           
03/02/09       (H)       MINUTE(JUD)                                                                                            
03/23/09       (H)       JUD AT 8:00 AM CAPITOL 120                                                                             
03/23/09       (H)       Heard & Held                                                                                           
03/23/09       (H)       MINUTE(JUD)                                                                                            
03/23/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/23/09       (H)       Heard & Held                                                                                           
03/23/09       (H)       MINUTE(JUD)                                                                                            
03/30/09       (H)       JUD AT 8:00 AM CAPITOL 120                                                                             
03/30/09       (H)       -- MEETING CANCELED --                                                                                 
04/06/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/06/09       (H)       Heard & Held                                                                                           
04/06/09       (H)       MINUTE(JUD)                                                                                            
04/08/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HJR 30                                                                                                                  
SHORT TITLE: DEATH PENALTY FOR JOSHUA WADE                                                                                      
SPONSOR(S): REPRESENTATIVE(S) STOLTZE                                                                                           
                                                                                                                                
04/01/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/01/09       (H)       JUD                                                                                                    
04/08/09       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RICK SVOBODNY, Deputy Attorney General                                                                                          
Central Office                                                                                                                  
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                             
questions during discussion of HB 140.                                                                                          
                                                                                                                                
REPRESENTATIVE PEGGY WILSON                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 194.                                                                                       
                                                                                                                                
REID HARRIS, Staff                                                                                                              
Representative Peggy Wilson                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Assisted with  the presentation of HB 194 on                                                             
behalf of the sponsor, Representative Wilson.                                                                                   
                                                                                                                                
GERALD HERBRANDSON                                                                                                              
Solar Wind of Alaska                                                                                                            
Petersburg, Alaska                                                                                                              
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
HB 194.                                                                                                                         
                                                                                                                                
MEGAN PASTERNACK                                                                                                                
Sitka, Alaska                                                                                                                   
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
HB 194.                                                                                                                         
                                                                                                                                
CARL SPRINGER, JR., Registrar                                                                                                   
Director's Office                                                                                                               
Division of Motor Vehicles (DMV)                                                                                                
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to  questions during discussion of                                                             
HB 194.                                                                                                                         
                                                                                                                                
SANDRA WILSON, Staff                                                                                                            
Representative Carl Gatto                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Assisted with  the presentation of HB 138 on                                                             
behalf of the sponsor, Representative Gatto.                                                                                    
                                                                                                                                
CHAVA LEE, Executive Director                                                                                                   
Gastineau Humane Society (GHS)                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During discussion  of  HB  138,  provided                                                             
comments and  expressed her  hope that the  bill would  be passed                                                               
from committee.                                                                                                                 
                                                                                                                                
KAYLA EPSTEIN                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided comments during discussion of                                                                   
HB 138.                                                                                                                         
                                                                                                                                
DALE BARTLETT, Deputy Manager                                                                                                   
Animal Cruelty Issues                                                                                                           
The Humane Society of the United States (HSUS)                                                                                  
Washington D.C.                                                                                                                 
POSITION STATEMENT:  Testified in Support of HB 138.                                                                          
                                                                                                                                
NANCY K. EDLUND                                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 138.                                                                          
                                                                                                                                
LUCINDA EDLUND                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 138.                                                                          
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section                                                                                                          
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to HB 138, and                                                                   
responded to questions.                                                                                                         
                                                                                                                                
REPRESENTATIVE BILL STOLTZE                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HJR 30.                                                                                       
                                                                                                                                
SUSAN C. ORLANSKY, Attorney at Law                                                                                              
Feldman Orlansky & Sanders                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Urged the committee to vote against HJR 30,                                                              
and provided comments.                                                                                                          
                                                                                                                                
RICH CURTNER                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HJR 30.                                                                       
                                                                                                                                
SUE JOHNSON, Coordinator                                                                                                        
Alaskans Against the Death Penalty (AADP)                                                                                       
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
HJR 30.                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:07:52 PM                                                                                                                    
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting to  order at 1:07  p.m.  Representatives  Ramras, Holmes,                                                               
Coghill,  Gatto, and  Lynn were  present  at the  call to  order.                                                               
Representatives Dahlstrom  and Gruenberg  arrived as  the meeting                                                               
was   in  progress.     Representative   Chenault  was   also  in                                                               
attendance.                                                                                                                     
                                                                                                                                
HB 140 - JURY NULLIFICATION                                                                                                   
                                                                                                                                
1:08:38 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE  BILL NO.  140,  "An  Act relating  to  juries in  criminal                                                               
cases; and providing for an effective date."                                                                                    
                                                                                                                                
CHAIR RAMRAS noted that public testimony on HB 140 was closed.                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL,  speaking as the sponsor,  indicated that                                                               
HB 140  is meant to  provide jurors  with more of  an independent                                                               
voice because  currently they  are totally  under the  control of                                                               
the  judge, and  thus  need  more discretion  of  their own;  "My                                                               
general move is  to try to include the jurors  in the application                                                               
of the  law ... and the  exoneration or conviction of  people who                                                               
are charged by  the state."  He relayed that  he favors Amendment                                                               
1, which,  he posited, would  address concerns regarding  what he                                                               
called  "renegade  juries"; Amendment 1,  labeled  26-LS0603\A.1,                                                               
Luckhaupt, 3/31/09, read:                                                                                                       
                                                                                                                                
     Page 1, line 1, following "cases;":                                                                                      
          Insert "amending Rule 16, Alaska Rules of                                                                           
     Criminal Procedure;"                                                                                                     
                                                                                                                                
     Page 2, following line 8:                                                                                                  
     Insert new subsections to read:                                                                                            
          "(g)  Except as provided in (h) of this section,                                                                      
     Rule 16,  Alaska Rules  of Criminal  Procedure, applies                                                                    
     to  discovery in  cases  where  the defendant  requests                                                                    
     that the jury be informed  of the jury's power to judge                                                                    
     the  just application  of the  law and  to vote  on the                                                                    
     verdict according to conscience.                                                                                           
          (h)  At least 30 days before trail, the defendant                                                                     
     shall disclose to the prosecution                                                                                          
               (1)  the defendant's intent to request that                                                                      
     the jury be  informed of the jury's power  to judge the                                                                    
     just application of the law  and to vote on the verdict                                                                    
     according to conscience;                                                                                                   
               (2)  the legal theory of the defendant's                                                                         
     claim  that   the  law  is  unjustly   applied  to  the                                                                    
     defendant;                                                                                                                 
               (3)  a list of witnesses, other than expert                                                                      
     witnesses,  that the  defendant  is likely  to call  in                                                                    
     support of the  claim that the law  is unjustly applied                                                                    
     to the defendant."                                                                                                         
                                                                                                                                
     Page 2, following line 8:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "*  Sec.  2. The  uncodified  law  of the  State  of                                                                  
     Alaska is amended by adding a new section the read:                                                                        
          INDIRECT COURT RULE AMENDMENT. AS 12.45.017(g)                                                                        
     and (h), added  by sec. 1 of this Act,  have the effect                                                                    
     of  amending   Rule  16,   Alaska  Rules   of  Criminal                                                                    
     Procedure,  by  requiring  certain disclosures  by  the                                                                    
     defendant."                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
CHAIR RAMRAS  offered his  belief that  Amendment 1,  by amending                                                               
Rule 16 of the Alaska  Rules of Criminal Procedure, would provide                                                               
safeguards for jury nullification.                                                                                              
                                                                                                                                
1:14:25 PM                                                                                                                    
                                                                                                                                
RICK SVOBODNY, Deputy Attorney  General, Central Office, Criminal                                                               
Division, Department of  Law (DOL), said Amendment  1 would allow                                                               
for discovery  of the legal  theory that's going to  be presented                                                               
to the  jury.  Presently,  both sides  know what the  theory [for                                                               
the  prosecution] is  going  to be  because  that information  is                                                               
provided in the indictment, and  although the prosecution doesn't                                                               
get information  about the defense's case  because Alaska doesn't                                                               
have reciprocal  discovery, that generally hasn't  been a problem                                                               
because the prosecution  can usually figure out  what the factual                                                               
disputes  will be.   However,  in instances  where the  defendant                                                               
seeks jury nullification, there is  no way for the prosecution to                                                               
know  what theory  will  be used  in an  attempt  to justify  the                                                               
defendant's  actions  in committing  a  crime.   He  indicated  a                                                               
preference for  having that type of  discovery if HB 140  ends up                                                               
passing.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  HOLMES   asked  why  [Amendment   1's  reciprocal                                                               
discovery] wouldn't  be barred by  existing Alaska  Supreme Court                                                               
decisions, given that it would occur  before the guilt phase of a                                                               
trial is over.                                                                                                                  
                                                                                                                                
MR. SVOBODNY pointed out that  Amendment 1 simply stipulates that                                                               
the prosecution shall be informed of  what theory will be used in                                                               
an attempt  to justify  the defendant's  actions in  committing a                                                               
crime.   He  explained that  in  the Alaska  Supreme Court  case,                                                               
Scott v.  State, 519  P.2d 774 (Alaska  1974), the  court allowed                                                             
the State to  be notified of legal defenses -  theories - but not                                                               
of who  the defense's witnesses would  be.  Under HB  140, "it'll                                                               
be cowboy time" with no  one knowing beforehand what legal theory                                                               
would be presented by the defense.                                                                                              
                                                                                                                                
CHAIR RAMRAS  made a motion  to adopt Amendment 1  [text provided                                                               
previously].                                                                                                                    
                                                                                                                                
1:19:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  whether  the  DOL would  support                                                               
HB*140 if Amendment 1 were not adopted.                                                                                         
                                                                                                                                
MR.  SVOBODNY  said no.    In  response  to other  questions,  he                                                               
clarified that [the  DOL] doesn't support HB 140,  either with or                                                               
without Amendment 1, but feels that  HB 140 would be "less worse"                                                               
with  the  adoption of  Amendment  1.    In response  to  further                                                               
questions,  he  acknowledged  that   Amendment  1  has  potential                                                               
constitutional difficulties, but doesn't  think it would increase                                                               
the risk  that the  whole bill  would be  found unconstitutional.                                                               
House Bill 140  is doing away with  representative government, he                                                               
remarked, adding that  although it is technically  correct to say                                                               
that  the  concept  of  jury   nullification  is  not  inherently                                                               
unconstitutional and simply has  equal protection and due process                                                               
problems,  and although  constitutional scholars  differ on  what                                                               
"deciding law"  means, "under  either theory, this  is new."   In                                                               
response  to  questions,  he reiterated  his  comments  regarding                                                               
Scott.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  pointed out,  though, that  [counter to                                                               
Scott,]  Amendment   1  requires  the  defense   to  provide  the                                                             
prosecution  with a  list of  the witnesses  the defense  will be                                                               
calling.  Doesn't this increase the risk of unconstitutionality?                                                                
                                                                                                                                
MR. SVOBODNY  observed that there  is always a risk  of something                                                               
being  declared unconstitutional  whenever  the prosecution  asks                                                               
for information from the defense.   "My view is, the bill will be                                                               
found unconstitutional and it is  less likely that ... [Amendment                                                               
1]  -  if it  were  attached  to  another  bill that  dealt  with                                                               
something else - would be  found unconstitutional than the entire                                                               
idea of the bill."                                                                                                              
                                                                                                                                
1:23:38 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Coghill,  Gatto,                                                               
Lynn, and Ramras voted in  favor of Amendment 1.  Representatives                                                               
Dahlstrom, Gruenberg,  and Holmes  voted against it.   Therefore,                                                               
Amendment 1 was adopted by a vote of 4-3.                                                                                       
                                                                                                                                
1:24:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  moved to report  HB 140, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected.                                                                                              
                                                                                                                                
REPRESENTATIVE COGHILL  said he disagrees with  the argument that                                                               
passage of  HB 140  would result  in lawlessness,  surmising that                                                               
everyone in  the criminal  justice system  except for  jurors are                                                               
currently  entrusted  with  understanding   their  roles  in  the                                                               
system.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  DAHLSTROM said,  "We as  a legislature  determine                                                               
the law,  and I  think we run  into a huge  problem when  we have                                                               
different  regions  of  the  state   interpreting  the  laws  ...                                                               
[differently]."  If  HB 140 were to pass, it  would become common                                                               
knowledge that  a person  could go  to a  particular area  of the                                                               
state  and get  away with  certain crimes  simply because  of how                                                               
jurors in that area are applying the law.                                                                                       
                                                                                                                                
REPRESENTATIVE  GATTO said  he's  seen this  occur in  situations                                                               
involving the crime of driving  under the influence (DUI); jurors                                                               
that  have  been  convicted  of DUI  themselves  are  willing  to                                                               
forgive defendants charged with DUIs.   "I'm very concerned about                                                               
application, here;  ... I believe  in trusting the  citizens, but                                                               
laws  are  difficult to  understand,"  he  remarked, adding  that                                                               
jurors would have to read  all laws, which even legislators don't                                                               
do except in part.                                                                                                              
                                                                                                                                
REPRESENTATIVE  COGHILL  offered  his  belief  that  Amendment  1                                                               
addresses the jury's  power to judge the just  application of the                                                               
law.                                                                                                                            
                                                                                                                                
CHAIR  RAMRAS  noted  that  the  appointee  to  the  position  of                                                               
attorney general, Wayne  Anthony Ross, has bragged  about his use                                                               
of jury nullification in a case in Kotzebue.                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said  he opposes HB 140  because it only                                                               
goes one  way, and if a  guilty defendant is acquitted  then that                                                               
can't be cured because the case would then not be reviewable.                                                                   
                                                                                                                                
CHAIR RAMRAS  indicated that  he agrees  with Mr.  Ross regarding                                                               
jury nullification.                                                                                                             
                                                                                                                                
1:30:36 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Coghill and Ramras                                                               
voted in favor  of reporting HB 140, as  amended, from committee.                                                               
Representatives  Gatto, Lynn,  Gruenberg,  Holmes, and  Dahlstrom                                                               
voted against  it.  Therefore, HB  140, as amended, failed  to be                                                               
reported from  the House Judiciary  Standing Committee by  a vote                                                               
of 2-5.                                                                                                                         
                                                                                                                                
HB 194 - LOW-SPEED MOTOR VEHICLES                                                                                             
                                                                                                                                
1:31:42 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 194, "An  Act relating  to the operation  of low-                                                               
speed vehicles."  [Before the committee was CSHB 194 (TRA).]                                                                    
                                                                                                                                
1:32:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PEGGY  WILSON, Alaska State  Legislature, sponsor,                                                               
noted that  HB 194 was  introduced at the urging  of constituents                                                               
in two  of her communities,  and offered that  low-speed vehicles                                                               
("LSVs") are  very useful in  small communities such as  those in                                                               
her district,  and fill a  transportation niche not being  met by                                                               
standard  passenger  vehicles, which  are  not  efficient at  low                                                               
speeds  or over  short  distances.   House  Bill  194 would  give                                                               
smaller  communities -  those with  [a population  of less]  than                                                               
35,000 -  the option to allow  LSVs on roads that  have a maximum                                                               
speed limit of 45 miles per hour (mph).                                                                                         
                                                                                                                                
1:33:07 PM                                                                                                                    
                                                                                                                                
REID  HARRIS, Staff,  Representative Peggy  Wilson, Alaska  State                                                               
Legislature,  added  on  behalf of  the  sponsor,  Representative                                                               
Wilson, that  the intent of HB  194 is to increase  the number of                                                               
roads available  to LSVs in order  to promote their use  in small                                                               
communities,  and that  the bill  does so  [in part]  by allowing                                                               
LSVs in certain, qualifying communities  to be used on roads that                                                               
have a maximum  speed limit of 45 mph; currently,  LSVs cannot be                                                               
used on  roads that have  a maximum speed  limit of more  than 35                                                               
mph.  The National Highway  Traffic Safety Administration (NHTSA)                                                               
and Alaska's Division of Motor Vehicles  (DMV) define an LSV as a                                                               
passenger  vehicle that  has  four wheels,  has  a maximum  gross                                                               
vehicle weight  rating (GVWR) of  3,000 pounds, and can  attain a                                                               
minimum speed  of 20  mph and  a maximum  speed of  25 mph.   The                                                               
NHTSA  has adopted  regulatory standards  for  LSVs that  require                                                               
much  of   the  same  technology  found   in  standard  passenger                                                               
vehicles,   including  headlights,   taillights,  turn   signals,                                                               
reflectors, a windshield that conforms  to federal standards, and                                                               
seatbelts for all designated seats.                                                                                             
                                                                                                                                
MR. HARRIS  noted that the  term "low-speed vehicle" refers  to a                                                               
legal class  of vehicle that meets  the aforementioned standards,                                                               
and not  to slow-moving vehicles  such as farm,  construction, or                                                               
snow-removal equipment.   The bill provides  a unique opportunity                                                               
for small  and rural communities  to allow themselves a  new form                                                               
of  transportation.   Such  vehicles are  convenient  and can  be                                                               
cheaper  for short  trips than  standard passenger  vehicles; not                                                               
all  people  want to  drive  their  full-size vehicle  the  short                                                               
distance to  the grocery store,  for example,  particularly given                                                               
the  high price  of  gasoline in  rural  communities.   Low-speed                                                               
vehicles  can reduce  gasoline usage,  dramatically cut  down the                                                               
amount of  air-borne pollution a community  produces, satisfy the                                                               
demand  for reduced-emission  transportation, and  be powered  by                                                               
gasoline,  electricity, or  a combination  of  both gasoline  and                                                               
electricity.                                                                                                                    
                                                                                                                                
MR. HARRIS said  that although there are concerns  that LSVs will                                                               
cause congestion  on public  roads, the  bill seeks  to alleviate                                                               
those concerns  by requiring that  qualifying communities  have a                                                               
population of  less than 35,000 and  not be connected by  road to                                                               
Anchorage or  Fairbanks.  Furthermore,  the bill  stipulates that                                                               
an LSV  may only cross a  highway that has a  maximum speed limit                                                               
greater than  45 mph if the  crossing is made at  an intersection                                                               
where the  roads on both  sides of  the highway are  eligible for                                                               
LSV  use.    In  conclusion,  he mentioned  that  the  bill  also                                                               
stipulates that  otherwise qualifying communities must  also pass                                                               
a local ordinance allowing for  the operation of LSVs as provided                                                               
for in  the bill; this will  ensure that LSVs are  welcome in the                                                               
communities  that choose  to accept  them,  and not  a burden  on                                                               
those communities that do not.                                                                                                  
                                                                                                                                
REPRESENTATIVE DAHLSTROM, noting that  she believes in the intent                                                               
of  HB 194,  asked what  position law  enforcement agencies,  the                                                               
DMV, and insurance companies have taken on the bill.                                                                            
                                                                                                                                
MR. HARRIS  said he's  not yet  spoken with  representatives from                                                               
any of those  groups, but surmised that  law enforcement officers                                                               
would be  able to ticket  any LSV  that isn't complying  with the                                                               
law.   In response  to other questions,  he reiterated  that LSVs                                                               
are  required  to have  all  the  standard safety  features  that                                                               
regular passenger  vehicles are  required to have,  and indicated                                                               
that  studded tires  are probably  available for  LSVs, and  that                                                               
certain  models  might come  with  all-wheel  drive and  traction                                                               
control.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GATTO  expressed concern  that LSVs be  capable of                                                               
driving in [winter] conditions.                                                                                                 
                                                                                                                                
CHAIR RAMRAS,  in response to  comments, noted that  existing law                                                               
already  addresses LSV  usage,  and  that HB  194  would just  be                                                               
expanding that existing law.                                                                                                    
                                                                                                                                
MR. HARRIS  remarked that  it would  be up to  an LSV's  owner to                                                               
decide whether  he/she wanted to  drive his/her LSV in  less than                                                               
optimum  driving  conditions.   In  response  to a  question,  he                                                               
reiterated that LSVs can be  powered by gasoline, electricity, or                                                               
a combination of both gasoline  and electricity, adding that LSVs                                                               
are  required to  be  self  propelled.   In  response to  another                                                               
question,  he   offered  his  understanding   that  [Segway-type]                                                               
vehicles are  not LSVs, and  would probably not be  practical for                                                               
the communities HB 194 is intended to address.                                                                                  
                                                                                                                                
1:43:37 PM                                                                                                                    
                                                                                                                                
GERALD HERBRANDSON,  Solar Wind  of Alaska,  said that  there are                                                               
currently  10  LSVs  operating in  Petersburg,  with  a  combined                                                               
mileage of well  over 10,000 miles.  These LSVs  are small, four-                                                               
door  sedans with  hatchbacks; they  seat  four adult  passengers                                                               
comfortably;  they have  all the  same  lights that  conventional                                                               
cars have; and,  with snow tires or studded tires,  they are very                                                               
aggressive in snow and slush,  and have bypassed four-wheel drive                                                               
vehicles that  have gotten  stuck.   The only  difference between                                                               
regular  vehicles  and  LSVs  is  that the  LSVs  go  slower  and                                                               
conserve  energy.    In  Petersburg,  there  a  couple  of  short                                                               
stretches of the highway that  have a maximum speed limit greater                                                               
than 35 mph,  and so passage of  HB 194 would allow  LSVs on even                                                               
those  stretches,  thereby making  LSVs  ideally  suited for  the                                                               
community of Petersburg and other similar communities.                                                                          
                                                                                                                                
MR.  HERBRANDSON  offered  his   belief  that  regular  passenger                                                               
vehicles are not well-suited to  driving short distances, whereas                                                               
LSVs  are  ideal  for  such  trips, and  that  most  drivers  [in                                                               
Petersburg] generally  don't drive very  far when taking  care of                                                               
daily  errands.     Low-speed  vehicles  are   energy  efficient,                                                               
convenient  to use,  and can  be fully  insured through  numerous                                                               
insurance  companies.   He mentioned  that he's  given the  local                                                               
police chief a ride  in an LSV, and found the  police chief to be                                                               
supportive of the  concept of LSVs.  In  conclusion, he mentioned                                                               
that  LSVs  do   have  heaters,  and  that   he  appreciates  the                                                               
opportunity [being  provided via  HB 194] for  people to  be more                                                               
energy conscious.                                                                                                               
                                                                                                                                
1:46:45 PM                                                                                                                    
                                                                                                                                
MEGAN PASTERNACK,  in response  to a  question, relayed  that her                                                               
LSV, which  she has owned  for more than  a year, still  has less                                                               
than  3,000 miles  on it.    She offered  her understanding  that                                                               
currently there are  at least nineteen LSVs  in Southeast Alaska,                                                               
two  in Kodiak,  and possibly  more  throughout the  rest of  the                                                               
state.   Her LSV is a  fully enclosed vehicle with  a crush-proof                                                               
body;  it has  lights,  windshield wipers,  mirrors, front  wheel                                                               
drive,  and turn  indicators;  it meets  or  exceeds the  federal                                                               
motor vehicle safety standards for LSVs  - "FMVSS 500"; and it is                                                               
fully insured.   She opined that  HB 194 is about  much more than                                                               
just cheap transportation  - it is also  another much-needed step                                                               
toward   helping   eliminate   pollution   and   protecting   the                                                               
environment,  and will  help  legislators, Alaska's  communities,                                                               
the state  of Alaska, the  United States,  and the world.   House                                                               
Bill 194 will  help those who must transit 45-mph  zones for work                                                               
or other purposes  and who have had reservations  about owning an                                                               
LSV  because  of  the  current 35-mph  limitation;  if  the  bill                                                               
passes, such  people would then be  able to make the  decision to                                                               
join others who are trying to [lessen] their carbon footprints.                                                                 
                                                                                                                                
MS. PASTERNAK said  that as an LSV driver, she  is very conscious                                                               
of the  traffic around her, and  does not impede others  who wish                                                               
to go faster than her allowed speed  of 25 mph; that to that end,                                                               
she waits to enter a  roadway until approaching traffic [has gone                                                               
past], and  pulls over whenever  possible to allow  other drivers                                                               
to pass  her.  She  surmised that other  LSV drivers are  just as                                                               
conscientious.   Many LSVs are  in use  in Europe, and  have been                                                               
for quite some  time.  She offered her understanding  that one of                                                               
the reasons LSVs are safe is  that when involved in a crash, they                                                               
are  so lightweight  that they  tend to  just bounce  away rather                                                               
than absorb  the full force  of the impact.   House Bill  194 has                                                               
great flexibility  in that it requires  individual communities to                                                               
decide,  based on  local  conditions, whether  to  allow LSVs  to                                                               
travel in  45-mph zones.   Although some have argued  that owners                                                               
of  LSVs won't  be contributing  to  the building  and upkeep  of                                                               
roads and highways  because they won't be purchasing  [as much if                                                               
any]  fuel and  thus won't  be paying  the associated  taxes, she                                                               
would be more than  willing to pay a tax or  fee specific to LSVs                                                               
when  registering   or  renewing   license  tabs,   she  relayed.                                                               
Furthermore,  she  posited, her  1,200-pound  LSV  does far  less                                                               
damage to  the roads  then overloaded  dump trucks  that traverse                                                               
them.                                                                                                                           
                                                                                                                                
MS. PASTERNAK,  in conclusion, opined  that if  legislators would                                                               
like  to  do  more  to  encourage LSV  usage,  they  should  also                                                               
consider allowing  LSVs to  be modified  so that  they can  go 35                                                               
mph; her  LSV had that  capability but the  modification allowing                                                               
such had to  be removed in order for her  to comply with Alaska's                                                               
LSV registration and licensing requirements.                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM asked whether the DMV supports HB 194.                                                                 
                                                                                                                                
1:50:55 PM                                                                                                                    
                                                                                                                                
CARL  SPRINGER, JR.,  Registrar, Director's  Office, Division  of                                                               
Motor Vehicles  (DMV), Department  of Administration  (DOA), said                                                               
the DMV  is not  opposed to  the bill  and has  the understanding                                                               
that it  would only change which  roads LSVs could travel  on and                                                               
would  have no  effect on  the DMV's  workload.   In response  to                                                               
another question, he  said that the two-year  registration fee of                                                               
$100  is  the same  for  LSVs  as  it  is for  regular  passenger                                                               
vehicles.  In  response to a further question,  he explained that                                                               
the  federal and  state definitions  of what  constitutes an  LSV                                                               
address  the minimum  and  maximum  speeds at  which  an LSV  can                                                               
travel, not the size or type  of engine or how much horsepower it                                                               
has;  if an  LSV is  modified to  exceed that  maximum speed,  it                                                               
cannot be  registered as an LSV  in Alaska.  In  response to more                                                               
questions, he said  that LSVs are manufactured to  meet their own                                                               
standards,  which  are  not  as stringent  as  those  of  regular                                                               
passenger  vehicles; that  such standards  [in part]  address the                                                               
crash-worthiness of vehicles in  head-on collisions; that he does                                                               
not have  any information regarding  rear-end collisions  of LSVs                                                               
compared to regular passenger vehicles;  that any such collisions                                                               
will most  likely cause damage  unless the vehicle  impacting the                                                               
LSV is  traveling at  a very  slow speed;  that because  LSVs are                                                               
required to  have seatbelts, they can  therefore also accommodate                                                               
child restraint systems; and that LSVs do not have airbags.                                                                     
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 194.                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG, in  response  to  a question,  relayed                                                               
that  he  would  not  be   offering  the  amendment  labeled  26-                                                               
LS0715\P.3, Luckhaupt, 4/1/09, which read:                                                                                      
                                                                                                                                
     Page 1, line 6, following "may":                                                                                           
          Insert "operate that vehicle"                                                                                     
                                                                                                                                
     Page 1, line 7:                                                                                                            
          Delete "operate that vehicle"                                                                                     
                                                                                                                                
     Page 2, lines 3 - 8:                                                                                                       
          Delete all material and insert:                                                                                       
               "(2)  across an intersection with [CROSS] a                                                                  
     highway that has a maximum  speed limit greater than is                                                                
     permissible  [OF MORE  THAN  35 MILES  AN  HOUR IF  THE                                                                
     CROSSING  IS MADE  AT THE  INTERSECTION WITH  A HIGHWAY                                                                    
     THAT IS  AUTHORIZED] for low-speed vehicles  under this                                                                
     subsection."                                                                                                           
                                                                                                                                
REPRESENTATIVE HOLMES said she thought  that that amendment would                                                               
clarify the one part of the bill that she found confusing.                                                                      
                                                                                                                                
REPRESENTATIVE WILSON,  in response  to a question,  relayed that                                                               
both  she   and  the  Department   of  Transportation   &  Public                                                               
Facilities  (DOT&PF)  prefer  the  language  currently  in  [CSHB
194(TRA)].                                                                                                                      
                                                                                                                                
MR. HARRIS, in  response to a question, relayed  that LSVs cannot                                                               
drive on  the shoulder  of the road  but can pull  over on  it in                                                               
order to let other vehicles pass;  LSVs are to be operated in the                                                               
same fashion as regular passenger vehicles.                                                                                     
                                                                                                                                
1:58:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to   report  CSHB  194(TRA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  note.    There  being no  objection,  CSHB  194(TRA)  was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
HB 138 - CRUELTY TO ANIMALS                                                                                                   
                                                                                                                                
1:58:53 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE BILL NO. 138, "An Act relating to cruelty to animals."                                                                    
                                                                                                                                
CHAIR  RAMRAS moved  to adopt  the proposed  committee substitute                                                               
(CS) for  HB 138,  Version 26-LS0351,  Luckhaupt, 4/2/09,  as the                                                               
work draft.   There being no objection, Version P  was before the                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GATTO,  speaking as the sponsor,  pointed out that                                                               
currently a person could be  charged with a felony for destroying                                                               
a painting  of a  family pet,  but could only  be charged  with a                                                               
misdemeanor for  destroying the  actual pet  the painting  is of,                                                               
and  opined that  this doesn't  make any  sense to  him; HB  138,                                                               
therefore, is  intended to correct  this by amending  the cruelty                                                               
to animals statute.                                                                                                             
                                                                                                                                
2:02:22 PM                                                                                                                    
                                                                                                                                
SANDRA  WILSON, Staff,  Representative Carl  Gatto, Alaska  State                                                               
Legislature,  relayed on  behalf of  the sponsor,  Representative                                                               
Gatto, that  HB 138  would establish the  two separate  crimes of                                                               
cruelty to animals in the first  degree and cruelty to animals in                                                               
the  second degree.    Under  the proposed  crime  of cruelty  to                                                               
animals  in the  first  degree, knowingly  inflicting severe  and                                                               
prolonged physical  pain or suffering  on an  animal, [committing                                                               
the crime  of cruelty to  animals in  the second degree  three or                                                               
more times  within 10  years,] killing or  injuring an  animal by                                                               
use  of  a decompression  chamber,  or  intentionally killing  or                                                               
injuring  a pet  or  livestock  via poison  would  be  a class  C                                                               
felony, whereas  under the proposed  crime of cruelty  to animals                                                               
in the  second degree,  failing - with  criminal negligence  - to                                                               
care  for an  animal  and thus  causing the  death  of or  severe                                                               
physical pain or  prolonged suffering to an  animal, or knowingly                                                               
killing  or injuring  an animal  with the  intent to  intimidate,                                                               
threaten,  or  terrorize  another  person  would  be  a  class  A                                                               
misdemeanor.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  indicated  that   the  proposed  crime  of                                                               
cruelty to  animals in the  first degree pertains  to intentional                                                               
acts, whereas  the proposed  crime of cruelty  to animals  in the                                                               
second degree could in part pertain to unintentional acts.                                                                      
                                                                                                                                
MS. WILSON, in  response to a question, pointed  out that Section                                                               
3 of  HB 138 establishes the  crime of cruelty to  animals in the                                                               
second degree.                                                                                                                  
                                                                                                                                
REPRESENTATIVE GATTO,  in response to questions,  expressed doubt                                                               
that anyone would report the accidental death of a family pet.                                                                  
                                                                                                                                
MS. WILSON  added that under  current law, the definition  of the                                                               
term "animal" [for purposes of  Title 11] excludes fish, and that                                                               
[although it might not ever be  reported] under both the bill and                                                               
current  law, even  the accidental  death of  a family  pet would                                                               
constitute a class A misdemeanor.                                                                                               
                                                                                                                                
CHAIR  RAMRAS  asked  how proposed  AS  1161.142(f)(3)  would  be                                                               
enforced;  under that  provision,  the court  could "prohibit  or                                                               
limit  the  defendant's  ownership,  possession,  or  custody  of                                                               
animals for up to 10 years.                                                                                                     
                                                                                                                                
REPRESENTATIVE  GATTO  said  the enforcement  of  that  provision                                                               
would  fall  to  others  rather  than to  the  legislature.    In                                                               
response to further questions, he  offered his understanding that                                                               
the humane  destruction of animals,  even via the use  of poison,                                                               
is exempted; the bill's primary  intent is to address willful and                                                               
deliberate acts of animal cruelty.                                                                                              
                                                                                                                                
2:10:15 PM                                                                                                                    
                                                                                                                                
CHAVA LEE,  Executive Director,  Gastineau Humane  Society (GHS),                                                               
pointed  out  that slitting  open  the  belly  of a  guinea  pig,                                                               
nailing  one  end  of  its  intestines to  the  ground  and  then                                                               
watching  it  run around  in  circles  is  a deliberate  act  and                                                               
constitutes animal cruelty; currently,  however, there's not much                                                               
that can be  done about such behavior.   Accidentally stepping on                                                               
a cat,  for example, and  killing it  is still just  an accident,                                                               
whereas throwing a bag kittens into  a body of water and watching                                                               
them drown  is animal cruelty.   She  said that although  the GHS                                                               
doesn't get  many calls  about acts  that turn  out to  be actual                                                               
cruelty, the  GHS does get  a lot of  calls about acts  that turn                                                               
out be the  result of stupidity.  With the  latter type of calls,                                                               
staff attempts  to educate  callers about how  to care  for their                                                               
and  their  children's  animals.     From  her  perspective,  she                                                               
remarked,  she can  see a  big difference  between stupidity  and                                                               
cruelty:     cruelty  constitutes  a  deliberate,   obvious,  and                                                               
disgusting act.                                                                                                                 
                                                                                                                                
MS. LEE said  that that type of animal cruelty  is perpetrated by                                                               
human beings  committing deliberate and painful  acts of violence                                                               
on innocent  animals, and  it is  a known  fact that  such people                                                               
often go on  to commit similar acts of violence  on human beings.                                                               
She offered  her hope  that [the legislature]  will pass  HB 138,                                                               
surmising that  it will  put some teeth  into the  animal cruelty                                                               
statutes so that  such crimes can be prosecuted.   She noted that                                                               
not  all  reported  instances  of animal  cruelty  end  up  being                                                               
prosecuted;  once such  cases are  investigated,  they are  often                                                               
found  to be  situations in  which people  are behaving  stupidly                                                               
rather than intentionally cruelly.                                                                                              
                                                                                                                                
CHAIR RAMRAS - noting the  existing pressures on law enforcement,                                                               
the Alaska Court System (ACS), and  the Department of Law (DOL) -                                                               
questioned  at what  point would  pursuing  animal cruelty  cases                                                               
begin to encroach  on the resources necessary  for pursuing cases                                                               
involving crimes against a person.                                                                                              
                                                                                                                                
REPRESENTATIVE GATTO  pointed out that  70 percent of  the abused                                                               
women at  shelters say  that their  abuser first  started abusing                                                               
animals; there is  a direct link between those  who abuse animals                                                               
and  those who  abuse  women.   "Perhaps a  call  early on  would                                                               
result in no call later on," he remarked.                                                                                       
                                                                                                                                
CHAIR  RAMRAS reiterated  his concern  about putting  pressure on                                                               
the existing criminal justice system.                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG   disclosed  a  possible   conflict  of                                                               
interest in that he and the next testifier are married.                                                                         
                                                                                                                                
2:17:52 PM                                                                                                                    
                                                                                                                                
KAYLA EPSTEIN,  after mentioning that  she serves on  two animal-                                                               
related boards, said that she is  for HB 138.  She then recounted                                                               
a  few instances  wherein  animals have  warned  human beings  of                                                               
danger and/or sacrificed themselves  on their human's behalf, and                                                               
then  indicated  that she  was  providing  the committee  with  a                                                               
picture of  some Malamutes and  of a  cat that was  burned alive.                                                               
She  said that  a  few  years ago,  she  learned  about a  police                                                               
officer who refused to charge a  man for kicking a dog sufficient                                                               
to break its ribs.  How can a  police officer charge a man with a                                                               
misdemeanor for kicking  a dog, when burning a cat  alive is also                                                               
only a misdemeanor,  she queried.  She  offered her understanding                                                               
that  [law  enforcement]  is now  being  more  proactive  towards                                                               
animal  cruelty because  they now  see  the relationship  between                                                               
animal cruelty  and cruelty  towards humans.   Animal  cruelty is                                                               
very significant in  domestic violence (DV) cases,  is often used                                                               
by abusers to punish their  partners and children, and many women                                                               
won't leave  a bad situation for  fear of what their  abuser will                                                               
do to their pets or livestock when they leave.                                                                                  
                                                                                                                                
MS.  EPSTEIN  offered  her understanding  that  members'  packets                                                               
include a  letter from a  friend who's dog was  seriously injured                                                               
when it  attempted to protect its  owner from an attacker,  a man                                                               
who  was  well known  by  the  police as  a  violent  man with  a                                                               
criminal record;  the officer who investigated  her friend's case                                                               
didn't  think   he  could  charge  the   attacker  with  anything                                                               
significant, and  so suggested  she not  pursue charges  even for                                                               
the  animal  abuse.   Referring  to  a  recent case  involving  a                                                               
drunken man  who'd stabbed several  of his neighbor's  sled dogs,                                                               
she raised  the question of what  would happen if next  time this                                                               
man instead goes into a school yard.                                                                                            
                                                                                                                                
2:23:01 PM                                                                                                                    
                                                                                                                                
DALE BARTLETT, Deputy Manager, Animal  Cruelty Issues, The Humane                                                               
Society of the  United States (HSUS), indicated that  he would be                                                               
speaking in support  of HB 138.  He acknowledged  that under both                                                               
current law and  HB 138, three or more convictions  for the crime                                                               
of cruelty to animals within a  10-year period would be a felony,                                                               
and that HB  138 provides that certain other types  of cruelty to                                                               
animals crimes  would also be a  felony.  Although Alaska  law is                                                               
in line  with most of  the rest of the  country - with  46 states                                                               
having  felony animal  cruelty laws  - Alaska  is the  only state                                                               
that requires previous convictions in  order to charge the person                                                               
with a felony.                                                                                                                  
                                                                                                                                
MR. BARTLETT  - with  regard to the  link between  animal cruelty                                                               
and violence against people, particularly  women - noted that the                                                               
latest  research   indicates  that  those  who   are  capable  of                                                               
horrendous  acts of  violence against  animals are  likely to  be                                                               
involved  in other  violent  crimes.   For  example, the  Chicago                                                               
police  department  released  a  study  in  2008  illustrating  a                                                               
startling  propensity of  offenders charged  with crimes  against                                                               
animals to  commit other violent  offenses toward  human victims.                                                               
In that study, investigators found  that 86 of those arrested for                                                               
animal cruelty or  animal fighting had two or  more past arrests;                                                               
70 percent had  been arrested for felonies  - including homicide;                                                               
70 percent  had been  arrested for  narcotics crimes  - including                                                               
trafficking crimes; and 65 percent  had been arrested for battery                                                               
crimes.   A study  conducted in  Massachusetts of  those arrested                                                               
for  animal   cruelty  illustrates  that  70   percent  had  been                                                               
convicted of other crimes within 10  years - either post or prior                                                               
to  their  animal  cruelty  arrest.    A  Canadian  police  study                                                               
illustrates that 70 percent of  those arrested for animal cruelty                                                               
had prior records of violent crimes, including homicide.                                                                        
                                                                                                                                
MR. BARTLETT opined  that it's clear from all  this research that                                                               
those capable of  atrocious acts of animal  cruelty are dangerous                                                               
to society,  and therefore stronger  laws are needed in  order to                                                               
properly deal with  such people.  In the largest  study of serial                                                               
killers  ever  undertaken,  nearly half  admitted  to  committing                                                               
animal  cruelty as  adolescents, and  over one-third  admitted to                                                               
harming  or killing  animals  as adults.    Referring to  earlier                                                               
comments, he  opined that if a  person is able to  slit an animal                                                               
open  and  nail  its  intestines  to  the  floor,  then  that  is                                                               
indicative  of a  level of  violent criminal  behavior that  most                                                               
people  are simply  not capable  of;  such an  act constitutes  a                                                               
significant crime.   On the  issue of using limited  resources to                                                               
pursue cruelty to  animals crimes instead of  property crimes, he                                                               
said  that  if someone  broke  into  his  garage and  stole  some                                                               
property, he would be far less  concerned than if that person had                                                               
broken into his garage and killed his dog.                                                                                      
                                                                                                                                
MR. BARTLETT, in  conclusion, opined that there  really should be                                                               
a distinction  in the law  for the willful and  malicious killing                                                               
of  an animal.    In response  to a  question,  he remarked  that                                                               
theoretically, having  a stronger  punishment would be  a greater                                                               
deterrent, and that  deterrence is not the only goal  of the law.                                                               
He elaborated:                                                                                                                  
                                                                                                                                
     I think that ... by  classifying something as a felony,                                                                    
     it  clearly  indicates  that the  legislature  believes                                                                    
     that this  is a  serious offense,  and that  message is                                                                    
     taken  up  by  investigators, by  prosecutors,  and  by                                                                    
     judges.  Often,  with animal cruelty cases,  one of the                                                                    
     biggest ... challenges we face  is for ... officers and                                                                    
     judges who  see rape  and murder  [cases] on  a regular                                                                    
     basis  to [be  convinced]  ...  that these  significant                                                                    
     animal  cruelty   crimes  are  a  part   of  that  same                                                                    
     paradigm ....                                                                                                              
                                                                                                                                
2:30:05 PM                                                                                                                    
                                                                                                                                
NANCY  K. EDLUND  said that  as families  in society  become more                                                               
dispersed,  more and  more people  are viewing  their animals  as                                                               
extended  family  members, and  so  abuse  of these  animals,  no                                                               
matter  what their  species, is  a very  serious matter  to these                                                               
people.   As such a person  herself, she said in  conclusion, she                                                               
supports HB 138.                                                                                                                
                                                                                                                                
2:30:42 PM                                                                                                                    
                                                                                                                                
LUCINDA EDLUND  said it  has been difficult  to hear  examples of                                                               
severe  animal  cruelty   and  then  find  that   they  are  just                                                               
misdemeanor crimes.  This is really  an embarrassment to her as a                                                               
human  being, she  remarked,  adding that  she  doesn't know  how                                                               
serious  and   prolonged  abuse   of  animals  cannot   be  taken                                                               
seriously; it's outrageous to think  that such atrocities are not                                                               
felonies.   In  conclusion, she  said  she supports  HB 138,  and                                                               
implores the legislature to adopt HB  138 and show that the abuse                                                               
of animals is being taken very seriously.                                                                                       
                                                                                                                                
2:32:33 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section,  Criminal Division,  Department  of  Law (DOL),  relayed                                                               
that  the  DOL opposes  raising  the  penalty  for the  crime  of                                                               
cruelty  to animals  from  a class  A misdemeanor  to  a class  C                                                               
felony.   In 1978, the  criminal code revision  committee debated                                                               
this same  issue, whether the  crime of cruelty to  animals ought                                                               
to be a  felony or a misdemeanor, and although  the State's first                                                               
chief prosecutor  advocated for it to  be a felony, the  vote was                                                               
in  strong opposition  based on  the concept  of proportionality,                                                               
which  is  also the  basis,  now,  for  the DOL's  opposition  to                                                               
HB 138,  particularly since  in  Alaska,  most domestic  violence                                                               
assaults are resolved only as class  A misdemeanors due to a lack                                                               
of resources.   This  opposition doesn't mean  that the  crime of                                                               
cruelty to animals isn't an  important or serious offense, but it                                                               
is  the DOL's  position that  one  year in  jail is  enough of  a                                                               
penalty for such behavior.                                                                                                      
                                                                                                                                
MS. CARPENETI noted  that last year, when the  legislature made a                                                               
third conviction  for such an  offense within a 10-year  period a                                                               
class  C felony,  that  was  thought to  be  a pretty  reasonable                                                               
compromise, particularly in terms  of proportionality and the way                                                               
[the DOL]  deals with limited  resources in the  criminal justice                                                               
system.   In conclusion,  she said that  the DOL  opposes raising                                                               
the penalty for first and second convictions of this crime.                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  whether  a  history  of  animal                                                               
cruelty is an aggravating factor.                                                                                               
                                                                                                                                
MS. CARPENETI  said it's not  a provision  of law, but  judges do                                                               
take all evidence of past behavior into consideration.                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG pondered  whether another approach might                                                               
be  to simply  make a  history of  animal cruelty  an aggravating                                                               
factor when  sentencing someone for a  felony-level crime against                                                               
a person; doing so could  perhaps address the issue of escalating                                                               
behavior.                                                                                                                       
                                                                                                                                
MS.  CARPENETI  indicated  that she  would  research  that  point                                                               
further.   In response  to another question,  she said  she would                                                               
research what sentence the crime  of cruelty to animals typically                                                               
results  in, but  surmised  that  most cases  don't  result in  a                                                               
multi-year  sentence, so  there might  be room  for more  serious                                                               
sentences.                                                                                                                      
                                                                                                                                
2:38:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN questioned whether  the bill could be altered                                                               
so that the proposed class C  felony would only apply to the most                                                               
egregious behavior.                                                                                                             
                                                                                                                                
MS. CARPENETI offered her belief  that that provision of the bill                                                               
is  already   limited  to  only  the   most  egregious  behavior;                                                               
regardless, the DOL  would still argue that  the existing penalty                                                               
of  one  year in  jail  is  adequate.    In response  to  further                                                               
questions,  she pointed  out that  current law  already prohibits                                                               
the poisoning  of pets  or livestock,  the torturing  of animals,                                                               
and knowingly  killing or injuring  an animal with  the intention                                                               
of  intimidating,  threatening,  or terrorizing  another  person;                                                               
such behavior is  currently a class A misdemeanor,  and the bill,                                                               
in part, is  proposing to make some of those  behaviors a class C                                                               
felony.                                                                                                                         
                                                                                                                                
CHAIR RAMRAS relayed that HB 138, Version P, would be held over.                                                                
                                                                                                                                
HB 9 - CAPITAL PUNISHMENT                                                                                                     
                                                                                                                                
2:43:08 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE  BILL  NO.  9,  "An Act  relating  to  murder;  authorizing                                                               
capital punishment, classifying  murder in the first  degree as a                                                               
capital felony, and allowing the  imposition of the death penalty                                                               
for  certain  murders;  establishing  sentencing  procedures  for                                                               
capital felonies; and  amending Rules 32, 32.1,  and 32.3, Alaska                                                               
Rules of  Criminal Procedure, and  Rules 204, 209, 210,  and 212,                                                               
Alaska Rules of Appellate Procedure."   [Before the committee was                                                               
the  proposed committee  substitute (CS)  for HB  9, Version  26-                                                               
LS0036\E, Luckhaupt, 2/18/09, which had  been adopted as the work                                                               
draft on 2/23/09, and amended on 4/6/09.]                                                                                       
                                                                                                                                
CHAIR RAMRAS noted that public testimony on HB 9 was closed.                                                                    
                                                                                                                                
2:43:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG mentioned  that he'd  read a  newspaper                                                               
article  indicating  that the  U.S.  Supreme  Court has  recently                                                               
ruled that  [giving weight to] confessions,  even voluntary ones,                                                               
if  they   are  the  product   of  prolonged   interrogation,  is                                                               
unconstitutional.                                                                                                               
                                                                                                                                
[Chair Ramras turned the gavel over the Vice Chair Dahlstrom.]                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  indicated that  this ruling  appears to                                                               
be in  conflict with  the provision of  Amendment 3,  as amended,                                                               
that stipulated the  death penalty could be sought if  there is a                                                               
videotaped voluntary  confession by the defendant  to the murder,                                                               
and  characterized this  ruling by  the U.S.  Supreme Court  as a                                                               
significant one.   Noting  that he would  be opposing  passage of                                                               
HB 9, he  suggested that the  committee consider  either removing                                                               
that potentially  conflicting language  from the bill  or holding                                                               
the  bill over  in order  to do  more research  regarding whether                                                               
that U.S. Supreme Court opinion  really would impact the language                                                               
of Amendment 3, as amended.                                                                                                     
                                                                                                                                
[Vice Chair Dahlstrom returned the gavel to Chair Ramras.]                                                                      
                                                                                                                                
2:47:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN remarked  that HB  9 raises  life and  death                                                               
issues,  not only  for murderers  but also  for potential  future                                                               
victims.  He  then spoke a bit about religion  and some religious                                                               
beliefs  and  stories, but  acknowledged  that  from a  religious                                                               
perspective, there don't  appear to be any  absolutes with regard                                                               
to the death penalty.  Murder  victims have no choice and receive                                                               
no trial;  in contrast, murderers make  the choice to kill  - and                                                               
such choices  have consequences - and  they receive a trial.   At                                                               
trial, when defendants  are found guilty of murder,  the odds are                                                               
that  they actually  are guilty.    He likened  having the  death                                                               
penalty  to  allowing for  abortion,  and  surmised that  from  a                                                               
logical  perspective, if  one  is provided  for,  then the  other                                                               
should be provided  for as well.  Being prolife,  which he is, he                                                               
remarked,  means protecting  citizens  from  murderers, and  many                                                               
believe  that  capital  punishment   provides  the  best  way  of                                                               
providing that  protection.  On  the question of  whether capital                                                               
punishment is  a deterrent, he  said he  doesn't know if  that is                                                               
really  the  case,  but  noted   that  although  most  statistics                                                               
indicate that  it is not, once  a person has been  executed, that                                                               
certainly deters him/her from killing in the future.                                                                            
                                                                                                                                
REPRESENTATIVE  LYNN   observed  that  ample   evidence  provided                                                               
indicates  that   many  innocent  people  have   been  wrongfully                                                               
convicted and  sentenced to death;  odds are, therefore,  that if                                                               
Alaska  institutes capital  punishment, innocent  people will  be                                                               
put  to  death  by  the  State,  in  other  words,  in  part,  by                                                               
legislators.    He  added:    "Would any  of  us  here,  at  this                                                               
committee  table,  pull  the  switch  or  personally  inject  the                                                               
poison,  inject that  needle?    If we  can't  do  that maybe  we                                                               
shouldn't ask somebody  else to do it."  A  person serving a life                                                               
sentence but  later found to  be innocent could be  released from                                                               
prison and  perhaps compensated to  some small degree.   However,                                                               
an  innocent person  that's been  executed can't  be resurrected.                                                               
Some  have argued  that a  life sentence  without possibility  of                                                               
parole  is  worse  punishment than  execution,  but  families  of                                                               
murder  victims  suffer their  own  life  sentence -  a  lifetime                                                               
sentence of  sorrow.  From  a practical standpoint, if  the State                                                               
executes several  murderers but  no deterrence results,  at least                                                               
those dead  murderers won't  murder again,  but if  murderers are                                                               
not  executed  and then  kill  again,  then  the State  will,  in                                                               
effect, have enabled the murder of more innocent people.                                                                        
                                                                                                                                
REPRESENTATIVE  LYNN offered  an  example of  one murderer  who'd                                                               
killed a 14-year-old  girl, and then, after he  was released from                                                               
prison,  murdered  a  mother  of  three  children;  because  this                                                               
murderer was  not executed  for the murder  of the  girl, another                                                               
person was  murdered.  Can a  sentence of life in  prison without                                                               
the possibility  of parole take  the place of  capital punishment                                                               
and provide  for the  desired level  of public  safety?   Sure it                                                               
can.   But can the  judicial system  be depended upon  to protect                                                               
people via appropriate  sentencing?  "I have my  doubts on that,"                                                               
he remarked, surmising  that if the judicial system  did a better                                                               
job of protecting  the public's safety, then  perhaps there would                                                               
be less demand  for the death penalty.   Furthermore, he queried,                                                               
if a judge  sets a violent criminal with  multiple prior offenses                                                               
loose on  society, and that  criminal commits  additional heinous                                                               
crimes, should that judge then  be removed from the bench, suffer                                                               
liability, or be put in jail himself/herself as an enabler?                                                                     
                                                                                                                                
REPRESENTATIVE LYNN,  on the issue  of whether the  death penalty                                                               
would be  disproportionately applied  to minorities,  opined that                                                               
it  is probably  more  accurate  to instead  say  that the  death                                                               
penalty would  be disproportionately applied to  poor folks, who,                                                               
regardless of their  race, won't have the money to  hire a "legal                                                               
dream team."   Being a  member of a  minority, or being  poor, or                                                               
living  in a  horrific environment  is problematic,  but it's  no                                                               
excuse for committing  crimes.  "Unfortunately, we do  live in an                                                               
imperfect world, where prejudice  too often translates [into] ...                                                               
gross unfairness,  ... and bigots  still exist, ...  [but] that's                                                               
reality "  he added.   With regard to the  issue of cost  and the                                                               
question of  whether a life  sentence without the  possibility of                                                               
parole  is more  expensive than  the  death penalty,  he said  he                                                               
doesn't care  about which is  more expensive because  he believes                                                               
that cost shouldn't be the  determining factor for whether or not                                                               
to establish  capital punishment  - life  shouldn't have  a price                                                               
tag.                                                                                                                            
                                                                                                                                
REPRESENTATIVE LYNN  also questioned how  much sense it  makes to                                                               
impose a death penalty but then  not carry it out for 10-20 years                                                               
[due to  numerous appeals]; to  be any  kind of a  deterrent, the                                                               
punishment should  come shortly after  the sentence.   He relayed                                                               
that when  he ran  for U.S.  Congress in  1972 in  California, he                                                               
supported  capital  punishment  and  stated so  in  his  campaign                                                               
literature;  however, even  then,  he believed  that any  capital                                                               
punishment law  should be applied  fairly and be limited  to only                                                               
the most egregious  and most heinous of crimes,  and that's still                                                               
his position  today.  He said  that his sympathy for  victims and                                                               
their families  is boundless.  Although  imprisonment without the                                                               
possibility of  parole sounds good, in  today's tolerant judicial                                                               
system, how many  judges can be trusted to put  murders in prison                                                               
and  then truly  throw away  the key?   Probably  not enough,  he                                                               
surmised.                                                                                                                       
                                                                                                                                
REPRESENTATIVE LYNN  recalled prior testimony indicating  that it                                                               
is quite  difficult to empanel a  jury for a major  trial in Bush                                                               
Alaska due  to the limited  number of residents and  close family                                                               
relationships in such  areas.  He also  offered his understanding                                                               
that any  jury members empanelled  for a capital  punishment case                                                               
must  be "death  penalty qualified."   Such  a requirement  would                                                               
narrow  the  pool of  prospective  jurors  in rural  Alaska  even                                                               
further.   Moreover, if such  a jury ever were  empanelled, would                                                               
that really  be a  jury of  one's peers,  since all  jurors would                                                               
have to be in favor of  the death penalty?  He questioned whether                                                               
to truly be a jury of  one's peers, jurors empanelled for a death                                                               
penalty case should  instead be made up of  people with differing                                                               
views on the  subject - just like in everyday  life - and whether                                                               
this issue could raise constitutional concerns.                                                                                 
                                                                                                                                
REPRESENTATIVE LYNN  noted that the bill  prohibits the execution                                                               
of the  mentally retarded  and defines  mental retardation  as an                                                               
intelligence quotient  of 70 or below.   In other words,  when it                                                               
comes  time  to receive  a  sentence,  if  the defendant  has  an                                                               
intelligence quotient  of 71, then  he/she will be  executed, but                                                               
not if he/she  has an intelligence quotient 70.   This raises the                                                               
question of who would be  picking the intelligence quotient test,                                                               
from  the  many  that  are  out there,  that  would  be  used  to                                                               
determine   mental   retardation   for   purposes   of   possibly                                                               
instituting the  death penalty.   Would an  intelligence quotient                                                               
of  70 on  one test  also be  an intelligence  quotient of  70 on                                                               
another test?   Furthermore, which type of  intelligence would be                                                               
being tested?   His concerns about this issue,  he remarked, have                                                               
not yet been  answered to his satisfaction, and  opined that this                                                               
issue  needs to  be  addressed before  the  State starts  putting                                                               
people  to death.   These  aspects of  the bill  and the  complex                                                               
questions  surrounding  them  are  another  illustration  of  the                                                               
practical   difficulty  of   writing   fair  capital   punishment                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN concluded by  saying that although he worries                                                               
about  the effectiveness  of  lifelong  imprisonment compared  to                                                               
capital punishment, he  is not convinced that  any legislature in                                                               
the world  is capable of creating  capital punishment legislation                                                               
that has  the level  of fairness  that should  be demanded  of it                                                               
before it's used,  and by saying that he would  be voting "No" on                                                               
HB 9.                                                                                                                           
                                                                                                                                
3:01:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG provided  members  with a  copy of  the                                                               
aforementioned  newspaper  article   regarding  the  recent  U.S.                                                               
Supreme Court ruling that even  a voluntary confession may not be                                                               
used in  federal court if  the defendant was held  in questioning                                                               
for  more  than six  hours  before  he/she made  the  confession,                                                               
citing the  fact that there have  been a number of  people who've                                                               
confessed to a crime but were  later proven to be innocent by DNA                                                               
evidence  and  had  simply  confessed  because  of  undue  police                                                               
pressure.   This highlights three  points:  one,  that scientific                                                               
evidence can  change; two, that  legal standards can  change; and                                                               
three, that  they can be  changed via a  single vote on  the U.S.                                                               
Supreme Court.   The issue, here, is finality:   when all is said                                                               
and done, a  death sentence [that has been carried  out] is final                                                               
- there is no reconsideration, there  is no appeal, and it cannot                                                               
be  undone to  correct  a mistake.   He  said  he would  strongly                                                               
support legislation  that established lifetime  sentences without                                                               
possibility  of  parole,  because   then  if  something  changes,                                                               
justice in an  individual case could still be provided  for.  The                                                               
U.S.  Supreme Court  ruling, with  its limitation  of six  hours,                                                               
sets a  bright line demarcation  for ease of  administration, but                                                               
in the case of  HB 9, such a ruling and the  difference of a mere                                                               
15  minutes  of  police  questioning could  mean  the  difference                                                               
between taking someone's life or not.                                                                                           
                                                                                                                                
3:05:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL noted that the  issue of confidence in the                                                               
people  who operate  the  judicial system  has  been raised,  and                                                               
indicated his belief  that the bill's standard of  proof beyond a                                                               
reasonable doubt will address that  issue.  Noting that there are                                                               
several advocacy  groups standing up  for the rights of  those on                                                               
death row, he questioned who would  be standing up for the rights                                                               
of the innocent people who  were murdered, particularly given the                                                               
extensive judicial process already in  place for those accused of                                                               
murder  compared to  the lack  of  any such  process afforded  to                                                               
murder victims or their families.   He said he thinks instituting                                                               
the death penalty,  regardless of the costs involved,  is the way                                                               
to  rectify  the apparent  lack  of  recognition afforded  murder                                                               
victims  and  their  families.    In  conclusion,  Representative                                                               
Coghill added:                                                                                                                  
                                                                                                                                
     I think if  we move forward with this bill,  what we do                                                                    
     is we  make our system  stand up  and take note  of its                                                                    
     failures, number  one, because if we're  failing people                                                                    
     who  are  sentenced  to  death,  then  we're  certainly                                                                    
     failing people  who are sentenced  to life in  prison -                                                                    
     ... and they never even  get a second look, nobody goes                                                                    
     out and takes a look at  ... [their cases].  So I think                                                                    
     it's good  for the justice  system to have to  bear the                                                                    
     responsibility, and therefore I'm voting for the bill.                                                                     
                                                                                                                                
CHAIR RAMRAS agreed, adding that  he is satisfied with having had                                                               
Amendment  3,  as amended,  adopted,  and  with moving  the  bill                                                               
forward.                                                                                                                        
                                                                                                                                
3:10:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES relayed that for  a variety of reasons, she                                                               
would be  voting against HB 9.   One reason pertains  to the cost                                                               
of the  bill; the fiscal  notes, which she surmised  are probably                                                               
conservative, total  about $85 million  in the first  five years,                                                               
and that's  before the  State would even  come close  to actually                                                               
executing someone under  the bill.  Moreover,  because the fiscal                                                               
notes only  estimate costs over  the next five years,  they don't                                                               
include a lot  of the implementation costs  because they wouldn't                                                               
occur within  the first five years.   For that same  money, there                                                               
are a  lot of other things  the legislature could be  doing.  New                                                               
Jersey, in  recent years,  repealed its  death penalty  laws, but                                                               
only  after  spending  about  $.25  billion  and  never  actually                                                               
executing anybody, and New Mexico  has also recently repealed its                                                               
death penalty laws.                                                                                                             
                                                                                                                                
[Chair Ramras turned the gavel over the Vice Chair Dahlstrom.]                                                                  
                                                                                                                                
REPRESENTATIVE HOLMES  said she is  also opposed to HB  9 because                                                               
according  to information  from other  states, it's  pretty clear                                                               
that  innocent people  will be  executed  despite any  procedural                                                               
safeguards that  might be put  in place -  as long as  its humans                                                               
running the  system, there are  going to  be errors, some  due to                                                               
problems with  contaminated biological  samples, and some  due to                                                               
problems with  false confessions.   Testimony has  indicated that                                                               
racial  elements were  at play  back  when Alaska  had the  death                                                               
penalty, and so she is worried  that the death penalty will again                                                               
be disproportionately  applied to  minorities.   She said  she is                                                               
also  concerned  about  the requirement  that  jurors  be  "death                                                               
penalty   certified,"  concurring   that   defendants  would   be                                                               
disenfranchised because  such a jury  would not really be  a jury                                                               
of one's peers.                                                                                                                 
                                                                                                                                
REPRESENTATIVE HOLMES  said she is  also worried about  the moral                                                               
issues raised, and  that the bill won't actually  be applied only                                                               
to the  most heinous of  crimes because what  constitutes heinous                                                               
would be  hard to categorize  in law.   She said she  has concern                                                               
that  the bill  is  unconstitutional for  a  variety of  reasons,                                                               
among them that it [doesn't  specifically prohibit] the execution                                                               
of a minor,  and, with the adoption of Amendment  2, now contains                                                               
a reciprocal discovery  provision.  Another concern  she said she                                                               
has is  that the ongoing  appeal process for death  penalty cases                                                               
will simply run the families  of victims through the wringer over                                                               
and over again when appeals come up.                                                                                            
                                                                                                                                
REPRESENTATIVE HOLMES  concluded by saying  that in the  end, she                                                               
is deeply troubled  by the potential for a system  that is run by                                                               
humans  in all  of  its phases  to result  in  human errors  with                                                               
regard to  only executing those  who are actually guilty,  and so                                                               
she will  therefore be voting "No"  on the bill, and  urges other                                                               
members to do the same.                                                                                                         
                                                                                                                                
[Vice Chair Dahlstrom returned the gavel to Chair Ramras.]                                                                      
                                                                                                                                
3:15:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  offered his understanding that  the cost of                                                               
incarceration can  at times be  even higher  than the cost  of an                                                               
execution, and indicated a belief  that because other states have                                                               
the  death  penalty,  that Alaska's  legislation  will  be  found                                                               
constitutional.   He said  he wants certain  people to  know that                                                               
the  penalty  for  heinous  murders   will  be  the  harshest  of                                                               
punishments  - execution  -  surmising  that it  is  the fear  of                                                               
possibly  being executed  that will  deter crime.   He  expressed                                                               
favor  with having  a death  penalty  process that  takes a  long                                                               
time,  because  that will  give  plenty  of opportunity  for  [an                                                               
innocent] person to be exonerated before he/she is executed.                                                                    
                                                                                                                                
3:17:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM said  she has  some reservations  about                                                               
HB 9, acknowledging that the potential  for human error is one of                                                               
the  biggest risks  that all  legislation  faces.   She said  she                                                               
believes, however, that  there are some acts so  heinous that the                                                               
person committing them  is more of an animal than  a human being,                                                               
and so she will therefore be voting "Yes" on HB 9.                                                                              
                                                                                                                                
3:19:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to report the  proposed committee                                                               
substitute  (CS)  for  HB   9,  Version  26-LS0036\E,  Luckhaupt,                                                               
2/18/09,   as  amended,   out   of   committee  with   individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
REPRESENTATIVES HOLMES and GRUENBERG objected.                                                                                  
                                                                                                                                
3:19:20 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Gatto, Dahlstrom,                                                               
Coghill, and Ramras  voted in favor of reporting  the proposed CS                                                               
for HB  9, Version 26-LS0036\E,  Luckhaupt, 2/18/09,  as amended,                                                               
from  committee.   Representatives  Lynn,  Gruenberg, and  Holmes                                                               
voted against it.   Therefore, CSHB 9(JUD) was  reported from the                                                               
House Judiciary Standing Committee by a vote of 4-3.                                                                            
                                                                                                                                
HJR 30 - DEATH PENALTY FOR JOSHUA WADE                                                                                        
                                                                                                                                
3:19:46 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE  JOINT RESOLUTION  NO.  30,  Relating to  the  case of  the                                                               
United  States  v. Wade  and  to  the  decision of  the  Attorney                                                               
General of the United States with respect to that case.                                                                         
                                                                                                                                
3:20:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BILL  STOLTZE, Alaska State  Legislature, sponsor,                                                               
relayed that HJR 30 has a  very narrow focus on a specific issue,                                                               
that  of  asking  the  federal  government  to  consider  whether                                                               
capital punishment should  be a sentencing option in  the case of                                                               
Joshua Wade.   He noted that the language on  page 2 lines 13-22,                                                               
read:                                                                                                                           
                                                                                                                                
     WHEREAS  the United  States Department  of Justice  has                                                                  
     created a  capital case review procedure  to assist the                                                                    
     United States  Attorney General in making  decisions on                                                                    
     whether to seek the death penalty; and                                                                                     
     WHEREAS  the  capital  case review  procedure  requires                                                                  
     each United  States Attorney to  submit for  review all                                                                    
     cases  involving a  pending charge  of  an offense  for                                                                    
     which  the  death  penalty   is  a  legally  authorized                                                                    
     sanction,  regardless of  whether  or  not that  United                                                                    
     States Attorney  recommends seeking the  death penalty;                                                                    
     and                                                                                                                        
     WHEREAS,  during  the  capital case  review,  a  review                                                                  
     committee makes  a recommendation to the  United States                                                                    
     Attorney  General  as  to  whether  the  death  penalty                                                                    
     should be sought in a case; and                                                                                            
                                                                                                                                
REPRESENTATIVE STOLTZE noted  that the language on  page 2, lines                                                               
26-28 read:                                                                                                                     
                                                                                                                                
     BE IT RESOLVED that  the Alaska State Legislature urges                                                                  
     the United States Attorney General  to consider all the                                                                    
     evidence and,  if justified by the  evidence, carefully                                                                    
     consider the  death penalty as a  sentencing option for                                                                    
     Joshua Wade.                                                                                                               
                                                                                                                                
REPRESENTATIVE  STOLTZE  explained  that  under  current  federal                                                               
procedure,  the  issue  of whether  a  particular  case  warrants                                                               
consideration of  the death penalty  as a sentencing  option must                                                               
be determined before the trial starts,  and that HJR 30 is merely                                                               
a statement that the legislature  wants to have the death penalty                                                               
be considered  in this  situation.   In conclusion,  he mentioned                                                               
that  he has  not yet  spoken  with the  victims' families  about                                                               
HJR 30.                                                                                                                         
                                                                                                                                
REPRESENTATIVE   GRUENBERG   expressed  concern   about   getting                                                               
involved in ongoing litigation in  a criminal case, in that doing                                                               
so  would be  setting  a precedent  such  that the  legislature's                                                               
involvement  in a  variety of  cases  would be  requested in  the                                                               
future.                                                                                                                         
                                                                                                                                
3:27:29 PM                                                                                                                    
                                                                                                                                
SUSAN C. ORLANSKY,  Attorney at Law, Feldman  Orlansky & Sanders,                                                               
asked  the committee  to vote  against  HJR 30,  adding that  her                                                               
position  on the  resolution  is  not based  on  whether the  U.S                                                               
attorneys prosecuting Joshua  Wade should or should  not seek the                                                               
death penalty,  but rather  on a separation  of powers  issue and                                                               
division of  responsibility.  She  surmised that  the legislature                                                               
would  not  appreciate the  U.S.  Attorney's  Office telling  the                                                               
legislature how to  do its job, even if such  advice were to come                                                               
in  the form  of a  mild resolution.   Similarly,  she said,  she                                                               
thinks  it is  not appropriate  for  the legislature  to seek  to                                                               
influence the handling  of a particular criminal case.   The U.S.                                                               
Attorney's   Office  already   has  standards,   guidelines,  and                                                               
procedures  for determining  when to  treat a  case as  a capital                                                               
case; such  a determination influences  the office's  budget, its                                                               
allocation   of  manpower,   may  require   a  decision   to  not                                                               
investigate  or   prosecute  someone   else,  and   reflects  its                                                               
obligation to  have consistent, nationwide standards  so that the                                                               
government  can't  be accused  of  behaving  in an  arbitrary  or                                                               
unfair  fashion  when  deciding  to  ask  for  the  most  extreme                                                               
penalty.                                                                                                                        
                                                                                                                                
MS.  ORLANSKY  pointed  out  that   those  outside  of  the  U.S.                                                               
Attorney's Office don't  have all the facts that  weigh into such                                                               
decision  making, and  so for  the legislature  to start  telling                                                               
prosecutors what to consider or  how to exercise their discretion                                                               
in a particular case appears to her  to set a bad precedent.  She                                                               
surmised that everyone  has recently seen how  high profile cases                                                               
can be mishandled,  especially when decisions are  rushed or when                                                               
prosecutors  are   perhaps  influenced   by  a  desire   to  make                                                               
headlines.  Winning a conviction  or a particular penalty doesn't                                                               
accomplish anything  if the process is  flawed and has to  be set                                                               
aside.  If  the goal is to see Joshua  Wade prosecuted fairly and                                                               
effectively and be punished appropriately  if convicted, then the                                                               
best approach would  be to let the prosecutors do  their job in a                                                               
professional manner  uninfluenced by public pressures.   She said                                                               
she is  not aware  of the legislature  having previously  taken a                                                               
public  position  on  how federal  or  state  prosecutors  should                                                               
handle a  particular case,  and she  thinks, therefore,  that the                                                               
legislature's not  having done so  reflects a wise  deference and                                                               
appropriate  perspective  on  the different  roles  of  different                                                               
branches of government.   In conclusion, she  urged the committee                                                               
to follow that same course and vote against HJR 30.                                                                             
                                                                                                                                
3:30:30 PM                                                                                                                    
                                                                                                                                
RICH CURTNER  said he would  be speaking against HJR  30, opining                                                               
that  it  sets  bad  public policy  by  attempting  to  influence                                                               
ongoing  litigation and  the discretion  of  the [U.S.  Attorney]                                                               
The  U.S. Department  of Justice  (DOJ) has  strict protocol  for                                                               
handling  [death penalty  cases], and  HJR  30 could  be seen  as                                                               
possibly having influenced the  U.S. Attorney's Office decisions.                                                               
House  Joint  Resolution  30  sends  some  bad  messages  to  the                                                               
citizens of  Alaska:  one,  it disregards  the verdict of  the 12                                                               
Alaskan jurors who  initially found Mr. Wade not  guilty; two, it                                                               
makes  an assumption  about the  State's criminal  justice system                                                               
and  the presumption  of innocence,  since Mr.  Wade has  not yet                                                               
been  convicted, and  so the  resolution  could be  viewed as  an                                                               
attempt to presume guilt and  influence the system; and three, it                                                               
could potentially result  in a change of venue  due to additional                                                               
pretrial publicity.   In conclusion,  he pointed out that  HJR 30                                                               
would be  speaking to the  same people that prosecuted  then U.S.                                                               
Senator  Ted Stevens,  and opined  that caution  should be  taken                                                               
whenever the  legislature proposes  any resolution that  could be                                                               
viewed as an attempt to  influence the DOJ's treatment of ongoing                                                               
litigation.                                                                                                                     
                                                                                                                                
3:33:22 PM                                                                                                                    
                                                                                                                                
SUE  JOHNSON, Coordinator,  Alaskans  Against  the Death  Penalty                                                               
(AADP),  said  that HJR  30  appears  to  involve one  branch  of                                                               
government  - the  legislative branch  - attempting  to influence                                                               
another branch of government -  the judicial branch.  The federal                                                               
government already has a thoughtful  process in place that allows                                                               
a criminal  case to be elevated  to the level of  a death penalty                                                               
case.   She  said  she thinks  that it  would  therefore be  very                                                               
inappropriate  for the  legislature  to get  involved  in such  a                                                               
decision or to  even be perceived as getting involved.   She also                                                               
pointed out that  many family members of murder  victims are very                                                               
opposed to executing those who have killed their loved ones.                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  said she  would be  voting against  HJR 30                                                               
because  she  feels it  would  be  setting  a bad  precedent  for                                                               
legislators to be weighing in on criminal cases.                                                                                
                                                                                                                                
CHAIR  RAMRAS, having  previously  ascertained that  no one  else                                                               
wished to testify, closed public testimony on HJR 30.                                                                           
                                                                                                                                
3:35:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to report  HJR 30 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE HOLMES objected.                                                                                                 
                                                                                                                                
A roll call vote was  taken.  Representatives Dahlstrom, Coghill,                                                               
Gatto,  and  Ramras voted  in  favor  of  reporting HJR  30  from                                                               
committee.   Representatives  Lynn, Gruenberg,  and Holmes  voted                                                               
against  it.   Therefore,  HJR  30 was  reported  from the  House                                                               
Judiciary Standing Committee by a vote of 4-3.                                                                                  
                                                                                                                                
3:36:41 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:36 p.m.                                                                 
| Document Name | Date/Time | Subjects | 
|---|---|---|
| 01 HB138 Sponsor Statement.pdf | HJUD       4/8/2009 1:00:00 PM | HB 138 | 
| 01 HB194 Sponsor Statement.pdf | HJUD       4/8/2009 1:00:00 PM | HB 194 | 
| HB140 Amendment A.1.pdf | HJUD       4/8/2009 1:00:00 PM | HB 140 | 
| 02 HB138 CS version P.pdf | HJUD       4/8/2009 1:00:00 PM | HB 138 | 
| 03 HB138 version S.pdf | HJUD       4/8/2009 1:00:00 PM | HB 138 | 
| 04 HB138 DOC FN.pdf | HJUD       4/8/2009 1:00:00 PM | HB 138 | 
| 05 HB138 LAW-CRIM-FN.pdf | HJUD       4/8/2009 1:00:00 PM | HB 138 | 
| 06 HB138 Lettrs of SupportOpposition.pdf | HJUD       4/8/2009 1:00:00 PM | HB 138 | 
| 02 HB194 Bill version P.pdf | HJUD       4/8/2009 1:00:00 PM | HB 194 | 
| 03 HB194 DOT FN.pdf | HJUD       4/8/2009 1:00:00 PM | HB 194 | 
| 04 HB194 Backup.pdf | HJUD       4/8/2009 1:00:00 PM | HB 194 | 
| 05 HB194 Amendment P.3.pdf | HJUD       4/8/2009 1:00:00 PM | HB 194 | 
| HJR 30 version R.pdf | HJUD       4/8/2009 1:00:00 PM |