HB 462 - DRUNK DRIVING: EVIDENCE AND SENTENCING Number 2055 CHAIRMAN PORTER noted that the next item of business was HB462. As sponsor of the bill, he explained that HB 462 did three things. "One, when we passed, as you remember, the DWI felony provisions, one thing that we put in and did not really mean was that we restricted the court ... to being required to institute the sum total of the suspended sentence if a defendant had failed to take any portion of his ... or her first treatment program," he said. He indicated that in those cases, usually some portion of the suspended sentence was put into effect to get the offender's attention, with continued attempts made at treatment. "This bill would restore the court's ability to invoke a portion of the suspended sentence in that situation but still have the opportunity to take another shot at treatment if it is indicated," he added. CHAIRMAN PORTER indicated the basis for getting into a felony-level prosecution was prior convictions. He said people frequently came to Alaska with prior convictions elsewhere. After being arrested here, they were required to go to grand jury in a felony case within ten days, and it was extremely difficult to get a certified copy of their record to the grand jury in time for that to be considered. "What this bill would allow would be to use the print- out, if you will, from the criminal history of that person's state for that evidence at grand jury, which, of course, doesn't find them guilty, it just binds them over for trial," he said, noting that the best evidence of the hard copy certification would still be required at trial. CHAIRMAN PORTER explained the bill would also disallow the requirement for a pre-sentence investigation in some cases. "This would require that if this were the second felony, that there would be a pre-sentence investigation, as is required under the other statutes now," he said. He noted that Jerry Shriner from the Department of Corrections was present to answer questions if needed. Number 2323 ANNE D. CARPENETI, Assistant Attorney General, Central Office, Criminal Division, Department of Law, testified that the department supported HB 462. REPRESENTATIVE GREEN referred to Section 7, page 3, and asked if a sentence had not already been given, whether this act would apply. MS. CARPENETI replied, "I think what this means is that for your third offense within five years, for the felony offense, it has to occur after the effective date of the act." However, prior convictions could have occurred before that, she indicated. Number 2395 REPRESENTATIVE TOOHEY pointed out there was an amendment in her packet. CHAIRMAN PORTER explained that amendments had been offered in other committees, which he, as sponsor, had been asked to entertain. He had declined. "I would speak against them when it gets to the floor, as a matter of fact," he said, "because there's been any number of second thoughts in this general area that have come about." REPRESENTATIVE TOOHEY made a motion that HB 462 move from committee with individual recommendations and attached fiscal notes. There being no objection, HB 462 moved from the House Judiciary Committee.