HB 218-SENTENCING;AGGRAVATOR/DEPORTATION STATUS  2:31:10 PM CHAIR COGHILL announced the consideration of HB 218. "An Act relating to the aggravating factor at felony sentencing of multiple prior misdemeanors when a prior misdemeanor involves an assault on a correctional employee; providing that deportation is not a proper factor for referral of a case to a three-judge panel for sentencing for a felony; and providing for an effective date." He noted this was the second hearing and there was an amendment for the committee to consider. 2:31:39 PM SENATOR MCGUIRE moved to adopt Amendment 1, labeled 28- LS0941\U.3. CHAIR COGHILL objected for an explanation. AMENDMENT 1 OFFERED IN THE SENATE TO: CSHB 218(JUD) Page 6, line 18: Delete "or that collateral consequences may or will result if the defendant is classified as deportable" Page 6, line 26: Delete "or that collateral consequences may or will result if the defendant is classified as deportable" 2:31:46 PM TOM WRIGHT, Staff, Representative Mike Chenault, Alaska State Legislature, Juneau, Alaska, explained that Public Defender Quinlan Steiner brought the amendment forward after the first hearing and then worked with the Department of Law on compromise language. The essence is that deportation will not be a consideration in requesting a three-judge panel, whereas unduly harsh collateral consequences may be taken into consideration for requesting a three-judge panel. 2:33:04 PM ANNE CARPENETI, Assistant Attorney General, Criminal Division, Legal Services Section, Department of Law (DOL), Juneau, Alaska, affirmed that DOL discussed this with the Public Defender Agency and arrived at a fair compromise. She summarized that the fact of being deportable is not something that can go to a three- judge panel for sentencing, but if the defendant can establish unduly harsh collateral consequences and the sentencing judge finds that those claims are proved by clear and convincing evidence, that could be considered as a basis for going to a three-judge panel. 2:34:03 PM QUINLAN STEINER, Public Defender, Public Defender Agency, Department of Administration (DOA), said the intent of the amendment is to preserve a defendant's ability to plead unduly harsh collateral consequences that may flow from an eventual deportation, but the defendant would not be able to plead the fact that he/she would be deported as grounds for obtaining a three-judge panel. SENATOR WIELECHOWSKI asked for examples where keeping the provision would result in one decision and removing it would result in a different decision. MS. CARPENETI said a person whose sentence range is high enough to be considered deportable by immigration authorities would not be able to argue that fact to qualify for a three-judge panel. Whereas if the person was Syrian, for example, and could establish by clear and convincing evidence that the effect of being deported to Syria would result in unduly harsh collateral consequences, that could be argued to qualify for a three-judge panel. MR. STEINER added that if a person was trying to plead the fact that they'd be deported and nothing more, they wouldn't be entitled to argue that to obtain a three-judge panel. But if the person could plead some further consequence of the deportation such as it would result in death, then the person could argue that that qualifies for a three-judge panel. SENATOR MCGUIRE stated support for the amendment because it accommodates people seeking political asylum who might face murder if they're deported. CHAIR COGHILL removed his objection and Amendment 1 was adopted. Finding no further questions or comments, he solicited a motion. 2:37:53 PM SENATOR MCGUIRE moved to report CS for HB 218, as amended, from committee with individual recommendations and attached fiscal note(s). CHAIR COGHILL announced that without objection, SCS CSHB 218(JUD) passes from the Senate Judiciary Standing Committee.