HOUSE BILL 159 "An Act allowing a person under age 21 to be arrested by a peace officer without a warrant for illegal possession, consumption, or control of alcohol; relating to the offenses of driving with a revoked license, driving while intoxicated, or failure to submit to a chemical test of breath or blood; and providing for an effective date." REPRESENTATIVE BRIAN PORTER testified in support of HB 159 noting that it would allow the court the option of ordering a person to take Antibes or a similar drug as a condition of parole or probation. Also, the bill would require a person convicted of a felony Driving While Intoxicated (DWI) to be evaluated by an alcohol screening agency before that person is sentenced. Additionally, the legislation would allow the court to impose suspended jail time on a person convicted of a felony DWI, who fails to complete the alcohol treatment ordered by the court. Representative Porter distributed to Committee members a handout titled "Impaired Driving Assessment". [Attachment #5]. Representative Porter emphasized that the most frequent violent crime in the country is drunk driving. A study published by the Alaska Department of Transportation and Public Facilities (DOTPF) stated that alcohol was a factor in 982 accidents statewide in 1993. He added that repeat offenders account for a disproportionate number of fatal accidents. In fatal accidents in which the driver is drunk, those persons with a prior conviction for drunk driving would be five times more likely to be involved than that person with no record. Representative Porter concluded, driving is a privilege, not a right! HB 159 would give Alaska one of the toughest drunk driving statutes in the nation and the legislation would send a clear message that Alaskans will no longer tolerate persons who drive drunk. Representative Porter requested that Section #1 which would allow a person under the age 21 to be arrested by a peace officer, without a warrant, for illegal possession, consumption, or control of an alcoholic beverage and Section ignition interlock device as a part of a fine imposed for convictions of driving while intoxicated or refusal to take 8 a breath test, to remain in the legislation if changes are made. MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, commented that the current Administration supports getting tough on drunk drivers, although, she noted two troublesome sections of the legislation. The first area of concern would be the fiscal impact. Felony case costs are much more to prosecute than misdemeanors. Each case would be required to go to the grand jury. Ms. Knuth noted that there would be 300 to 400 hundred persons each year who would qualify for DWI treatment. She added, that because of felony sanctions, defendants who are accused of felonies more often go to trial than they would on a misdemeanor. For that reason, the Department has submitted fiscal notes requesting four new positions. Ms. Knuth added that the legislation would establish what sentences should be imposed for a felony offense. For the first felony offense, the court would impose a sentence of (120) one hundred twenty days, whereas, for second felony offense, the sentence would be (240) two hundred forty days, and the third sentence would be (360) three hundred sixty days. The Legislature has adopted presumptive sentencing for felony cases. She stressed that the costs associated with the legislation would be significant. MIKE CORHILL, (TESTIFIED VIA TELECONFERENCE), PRESIDENT, ALASKA PEACE OFFICER ASSOCIATION, ANCHORAGE, spoke in support of the legislation. He stated that the Alaska Peace Officer Association believes that a harsher way in dealing with drunk drivers should be implemented. Mr. Corhill reflected on the seriousness of the problem and recommended that the situation be handled criminally. He thought that a Class "C" felony would serve as a deterrent factor to the current crime associated with drinking. Representative Martin asked which section of the legislation would ease the concerns for the Department of Law. Ms. Knuth stated that Section #7 of the bill contains a provision which makes the third and subsequent offenses a felony. Sections (1), (a)(b) & (c), specifies a sentence that is less than what presumptive sentencing requires. Representative Martin asked if problems with the persons individual rights could occur in that section of the legislation dealing with the breath test. Ms. Knuth responded that Alaska was the first State to specify that a blood sample could not be taken from someone suspected of drunk driving. The courts have allowed, as an alternative, the same sanction as if a person were found to be a drunk driver. Ms. Knuth pointed out that law had been challenged and was upheld. 9 JERRY SHRINER, SPECIAL ASSISTANT, OFFICE OF THE COMMISSIONER, DEPARTMENT OF CORRECTIONS, stated that the Department does not oppose the legislation although emphasized that the fiscal impact would be significant. To raise the offense from a misdemeanor to a felony would require the Department to supervise and write court reports on a group of people not currently being supervised. He emphasized that passage of the legislation would require absolute funding. Representative Martin asked if the Department could refer the person to a detox center. Mr. Shriner advised that the Department of Corrections does not have that flexibility. Ms. Knuth interjected that there are inpatient programs which count the same as jail time because they create such an imposition on the persons freedom. (Tape Change, HFC 95-100, Side 2). LOREN JONES, DIRECTOR, DIVISION OF ALCOHOLISM & DRUG ABUSE, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, stated that the Department had concerns with Section #7. He pointed out that as part of the imposition of sentence, the court would be allowed to order, as a condition of parole, that an individual take a drug or combination of drugs which would then prevent the consumption of alcohol. He explained that not everyone would be physically capable of taking the recommended drug Antibuse. Research has shown that the drug only works well when the client is monitored in a treatment program. DEL SMITH, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY, noted that the Department would be supportive of any effort to remove drunken drivers off the highways, although pointed out the fiscal impact costs associated with the potential jail sentences, resulting in court trial overtime. Representative Brown asked if the current planned enhancements would address information resulting from prior DWI's. Ms. Knuth replied that it would be difficult to determine which DWI offense would be for the offense that person committed in determining sentencing. Representative Brown inquired if the $1.8 million dollar fiscal impact would equal the benefit in safety provided by the legislation. Mr. Smith advised that it is important for public safety to get drunk drivers off the road. Discussion followed among Committee members regarding the fiscal cost and the safety that would be potentially provided through the legislation. 10 Representative Martin MOVED to report CS HB 159 (JUD) out of Committee with individual recommendations. There being NO OBJECTION, it was so ordered. CS HB 159 (JUD) was reported out of Committee with "no recommendations" and with fiscal notes by the Department of Administration, the Department of Public Safety dated 3/29/95, the Alaska Court System dated 3/29/95, the Department of Corrections dated 3/29/95 and the Department of Law dated 3/29/95.