HB 312-CRIMES AGAINST MEDICAL PROFESSIONALS  1:54:00 PM CHAIR CLAMAN announced that the first order of business would be HOUSE BILL NO. 312, "An Act relating to arrest without a warrant for assault in the fourth degree at a health care facility; and relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility." CHAIR CLAMAN recapped that during the 2/5/18 meeting, as members reviewed the bill and heard public testimony. Since that time, he advised that the Department of Health and Social Services (DHSS) submitted an amended Alaska Psychiatric Institute (API) zero fiscal note. CHAIR CLAMAN, in response to the questions as to why the Pioneer Homes and the Alaska Veterans Home was excluded from the health care facility definition, he explained that there are many different statutes defining health care facility. (Audio difficulties) past the deadline, "I've ruled and we won't be taking it up in the committee," he said. 1:57:37 PM REPRESENTATIVE LEDOUX asked Chair Claman to re-state his answer as to the Pioneer Homes and the Alaska Veterans Home. CHAIR CLAMAN explained that in reviewing the statutes, there are many different definitions as to health care facility. The sponsors did not include the Pioneer Homes and the Alaska Veterans Home because those entities are primarily assisted living homes and senior living facilities. While, he acknowledged, these entities provide medical care services, it is not their primary duty to provide medical care for those people coming in and seeking medical care. CHAIR CLAMAN further explained that within the reports heard by this committee as to where these abuses are issues, those reports did not come from these two entities. The sponsors tried to narrowly tailor the legislation to the concerns the community brought to the sponsors, he said. REPRESENTATIVE LEDOUX surmised that the legislature would wait until the Pioneer Homes or the Alaska Veterans Home communities comes in with a problem, and the legislature will just add that to one more of the exceptions. CHAIR CLAMAN opined that that would be one approach, and the committee can certainly continue discussions after finishing with the bill. In the event there was a sense the body was interested in that type of change, it could be amended on the floor of the House of Representatives, he offered. 1:58:14 PM REPRESENTATIVE LEDOUX pointed out that there are so many exceptions, perhaps it is time to actually revisit the whole issue. CHAIR CLAMAN said that Representative LeDoux's concerns were well noted. 1:58:30 PM [CHAIR CLAMAN and Representative Reinbold discussed the amendment process.] 1:59:27 PM REPRESENTATIVE KREISS-TOMKINS related that after public testimony, discovery, and the committee's questions, this legislation appears to be on point and that he now has greater awareness of some of the negative externalities of the drug and alcohol problems ravaging many of Alaska's communities. He said that he has enhanced curiosity about the relationship between law enforcement and the response to these social economic problems in the health care system and the role the health care system is being drafted into, to some extent. He said he is excited to support HB 312. 2:00:58 PM REPRESENTATIVE REINBOLD related that this bill is important and that it is sad post-Senate Bill 91 [passed in the Twenty-Ninth Alaska State Legislature] that there has been a dramatic increase in assaults to health care workers. She noted that "many other states" have felony fourth-degree assault against health care workers in a health care facility. It is critical to address the issues in the bill, which is a good first step, but something is missing, she said. 2:01:54 PM REPRESENTATIVE EASTMAN commented on the discussion procedure. He then noted that the committee heard from law enforcement regarding a desire for the ability to arrest someone engaging in abusive behavior at the hospital, a soup kitchen, or wherever that assault might take place. In his opinion, he said, assault is assault no matter where it takes place because the victim is just as injured, and the public is just as violated by the crime. He offered an interest in an amendment that would deal with the assault itself and give law enforcement the ability to arrest someone, if necessary, without tailoring it to specific exceptions such as health care facilities. 2:04:05 PM REPRESENTATIVE KOPP addressed the comments of Representative Eastman and advised that "speeding is speeding," it can be 20 miles outside of Cantwell on a 10-mile stretch of road or a person speeding through an elementary zone with 300 students getting onto the bus, yet those circumstances are especially different. This legislation is not an attempt to remove all due processes from the law, it respects a person's constitutional right as a high priority, thereby, going out of its way to not remove due process of arrest warrants in all misdemeanors. He explained that this legislation looks at high risk environments where patients, health care workers, and visitors of patients absolutely need to know they are safe. Health care facilities must be a place where care can be performed safely, and the state must recognize that health care facilities are much more sensitive to assaultive conduct occurring within the facility. This legislation gives law enforcement a tool to "not just cite and release" but to "hook and book," he said. 2:05:47 PM REPRESENTATIVE STUTES commented that having been in the health care industry many years ago, she could not be any more supportive than she is of this bill. She stressed that, "This is just a terrific bill, it's really needed" because the state's health care workers are at risk enough in other manners that they do not need to be at risk with assaults and being beat up by the people they are trying to help. 2:06:23 PM CHAIR CLAMAN, in response to the issues raised by Representative Eastman, remarked that he takes very seriously the oath legislators take to uphold the constitution. Part of that is due to the Constitution of the United States and constitutional rights, the United States Bill of Rights, and the Constitution of the State of Alaska and not being arrested without probable cause, he explained. When taking a step to loosen that requirement, he said that he believes it must be taken with tremendous caution for the same reasons Representative Kopp expressed, yet he has heard some police officers indicate that they would like to have greater authority to arrest for assault without a warrant under any circumstance. He pointed out that the Department of Law (DOL) is not here because, he opined, if asked, the Department of Law (DOL) would advise to go very cautiously when taking away a person's constitutional rights. For those reasons, he advised, he will not support an amendment that broadens the authority to arrest other than the narrow step taken in this legislation. This legislation is consistent with the legislature's obligation to protect the important constitutional rights of every single Alaskan, he stated. 2:07:37 PM REPRESENTATIVE LEDOUX commented that this is an important bill, except she is concerned that whenever the legislature singles out one group of people, such as medical health care workers or any other group, and decides that if a person assaults those people then there is an exception to the presumptive sentencing and the sentence moves higher. Therefore, if the legislature is willing to go higher for the policeman, fireman, nurse, or doctor, then the legislature needs to revisit the whole concept of the presumptive sentencing, she remarked. In the event anyone on the committee was assaulted or their children were assaulted, she opined that the sentences should conceivable be as high as if a doctor, nurse, or first-responder was assaulted. That is her concern, and she suggested possibly doing away with those presumptive maximums when it comes to everyone. 2:09:49 PM REPRESENTATIVE KREISS-TOMKINS moved to report HB 312, Version 30-LS1225\O out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE EASTMAN objected. 2:10:11 PM A roll call vote was taken. Representatives Kopp, Kreiss- Tomkins, LeDoux, Stutes, and Claman voted in favor of moving HB 312, Version 30-LS1225\O out of committee. Representatives Eastman and Reinbold voted against it. Therefore, HB 312 was reported out of the House Judiciary Standing Committee by a vote of 5-2. HB 312-CRIMES AGAINST MEDICAL PROFESSIONALS  2:37:56 PM CHAIR CLAMAN, in granting Representative Reinbold's request, allowed the committee to return to HB 312. REPRESENTATIVE REINBOLD noted that she wanted to make it clear to this committee that she absolutely supports the bill and will be a yes-vote. She said that she wanted it on the record that she supports this bill and was a no-vote due to the amendment. Whether the amendment passed or not is irrelevant, she pointed out, but having the minority voice heard is important to her, and that is why she was a no-vote.