HOUSE BILL NO. 175 "An Act relating to an appearance before a judicial officer after arrest; relating to penalties for operating a vehicle without possessing proof of motor vehicle liability insurance or a driver's license; relating to penalties for certain arson offenses; amending Rule 5(a)(1), Alaska Rules of Criminal Procedure, and Rule 43.10, Alaska Rules of Administration; and providing for an effective date." 2:18:46 PM JOHN J. BURNS, ATTORNEY GENERAL, DEPARTMENT OF LAW, explained that HB 175 would provide statutory clarifications. ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES SECTION, CRIMINAL DIVISION, DEPARTMENT OF LAW, provided details about the legislation. House Bill 175 would solve four inconsistencies between the court rules and the statutes. She explained that three of the inconsistencies had been created over the years with statutes enacted in one year and later changed; she took personal responsibility for the fourth one, which resulted from the comprehensive updating and revision of bail statutes that was passed the year prior. There was one mistake: the bill changed the deadline before which a person arrested for a crime had to be brought before a judicial officer from 24 hours to 48 hours. She added that the law still provided that a person arrested had to be brought in front of a judicial officer without unnecessary delay; however, there were cases in which 48 hours was much more practical, such as arrests made in the early-morning hours. There were also cases in which it was not possible to find the victim in time to provide notification of the arraignment. Ms. Carpeneti noted that the issue had been discussed extensively the previous year. The court rules had been changed (at the department's suggestion), but the statute had not been brought before the legislature to be changed. She detailed that HB 175 would change the statute in the arrest law and in the extradition law. Ms. Carpeneti reviewed the first of three other inconsistencies that would be addressed by HB 175. She detailed that there was an inconsistency regarding the penalty for failing to carry a driver's license when operating an automobile; it was currently a Class B misdemeanor, but under the bail schedules in the court rules, it was also a $50 correctable offense. The legislation would make the offense of failing to carry a driver's license an infraction rather than a Class B misdemeanor. Ms. Carpeneti reviewed the second inconsistency in the law, related to failure to carry proof of automobile insurance while driving. Under Title 28, the offense was a Class B misdemeanor; it was also on the bail schedules as a correctable offense with a mandatory fine of $500 dollars. House Bill 175 would make the activity an infraction with a mandatory fine of $500 dollars for failure to carry proof of insurance, but it would be correctable; a person could bring proof of insurance to the police department and the offense would be dismissed. Ms. Carpeneti reviewed a [third] inconsistency related to the arson law. In 2006, the legislature created the Knik River Public Use Area. The Department of Natural Resources was asked to adopt regulations regarding conduct in the area, and required the court system to establish a bail schedule for the offenses. One of the offenses was burning a vehicle in the public use area, which carried a $50 fine in the bail schedule. Two years later in 2008, legislation was adopted making the offense of burning a vehicle on any public property a Class C felony. Therefore it was currently a Class C felony to set fire to a vehicle on property in any place besides the Knik River Public Use Area, where it would still result only in a $50 fine. 2:24:34 PM Representative Joule queried the issue of not possessing a driver's license while driving. He wondered whether it helped if a person knew the pertinent information (such as the driver's license number and expiration dates). Ms. Carpeneti believed the situation could depend on how well the officer who stopped the person knew them. In any case, a person could later bring the license into the police department, and the charge would be dismissed or voided. HB 175 was HEARD and HELD in committee for further consideration.