HB 400-MITIGATING FACTOR: CARE FOR DRUG OVERDOSE  CHAIR FRENCH announced the consideration of HB 400. 10:04:36 AM AURORA HAUKE, Staff to Representative Beth Kerttula, sponsor of HB 400, reported that each year about 85 Alaskans die from drug overdoses, which is well above the national average. A recent interview of drug users in New York indicated that over half had witnessed a drug overdose, and that more than 30 percent of the witnessed overdoses went without a call for help. The most commonly cited reason for non-reporting was fear of police response. HB 400 encourages people to call 911 by creating a mitigating factor for drug charges when a person is a witness and is seeking medical assistance for another person who is experiencing a drug overdose. MS. HAUKE noted the written testimony from Angela Hall who lost her daughter to a drug overdose. The adults who participated in the illegal drug use and witnessed the overdose didn't call 911. It was only when her children came home that a call for help was made. It was too late for her, but it's not too late for others, she said. 10:05:43 AM CHAIR FRENCH directed attention to page 3, line 19, and said he assumes that AS 11.71 refers only to drug offenses so the mitigating factor would only relate to the drug charge. If someone makes a call for help about a drug overdose that occurs during or as a result of an assault, murder, rape, or robbery there would be no mitigation in sentencing on those other charges. MS. HAUKE said that's correct. CHAIR FRENCH asked her to describe how a mitigater works. MS. HAUKE relayed that AS 12.55.155(a) sets out how a mitigating factor works and the court determines whether there is a mitigating factor on two levels. If the low-end of the presumptive range is 0-4 years, the judge can reduce the sentence to zero, and if the low-end of the presumptive range is over 4 years, the judge may decide to reduce the sentence by half. CHAIR FRENCH summarized that this bill grants the judge the opportunity to reduce a sentence to one half the presumptive sentence. MS. HAUKE said that's correct, and the judge may decide there's a mitigating factor and decide not to reduce the sentence as well. CHAIR FRENCH added that the judge may decide that the defendant doesn't get the effect of the mitigater because of other bad behavior that occurred during the course of the incident. 10:08:16 AM SENATOR THERRIAULT asked if the mitigater would apply to just the person who possesses the drug or to the drug pusher as well. CHAIR FRENCH said his understanding is it would apply to any drug offense. MS. HAUKE agreed; the statute governing misconduct involving a controlled substance makes it difficult to separate possession and distribution as the severity of the drug increases. SENATOR McGUIRE added that the severity of the drug is higher so the sentence that would be mitigated would be higher. She agreed that the judge has the discretion to look at the totality of the circumstances and decide not to consider the mitigater. But the stronger message is that you want people to take the step to help save a person's life, she said. CHAIR FRENCH said you can imagine an array of circumstances where everyone would think that someone did the right thing and deserves a break. There are also a lot of circumstances where you'd say tough luck. The authority is appropriately turned over to the judge to make the decision because he or she has all the facts and testimony right there. "And we hope we're putting good judges on the bench and that they all come to good decisions," he said. CHAIR FRENCH found no further testimony and asked for a motion. 10:10:44 AM SENATOR McGUIRE motioned to report HB 400 and attached fiscal note(s) from committee with individual recommendations. CHAIR FRENCH announced that without objection, HB 400 is moved from the Senate Judiciary Committee.