From: Lisa Weissler

Sent: Monday, April 03, 2017 1:09 PM

To: Megan Rowe

Subject: FW: Questions re: HB 129

From: Schroeder, Kaci K (LAW) [mailto:[email protected]]
Sent: Monday, April 03, 2017 1:06 PM
To: Rep. Andy Josephson <[email protected]>; Peterson, Aaron C (LAW) <[email protected]>
Cc: Lisa Weissler <[email protected]>; Peterson, Darwin R (GOV) <[email protected]>; Gaffney, Emily D (GOV) <[email protected]>; Gorle, Nicole A (GOV) <[email protected]>; Hanzawa, Allison F (DPS) <[email protected]>
Subject: RE: Questions re: HB 129

Representative Josephson,

Below in red are the answers to your questions.  Please let us know if you have any follow up questions.

1) Section 4 expressly makes the “fix it” ticket portion not subject to a misdemeanor.  What was/is the penalty for violation of the AS 16.05.330(a) offenses?

Criminal rule 43.2 (Fish and Game bail schedule) makes AS 16.05.330(a)1 and AS 16.05.330(a)2 a “bailable offense with the punishment for (a)1 being set at $200 and the punishment for (a)2 being set at $250. (a) 3-5 are Class-A Misdemeanors.

2) How does an AS 12.55 misdemeanor compare in terms of sentencing after SB91 to the 6 months, $1,000 under current law noted in Section 4?

Misdemeanor sentencing under AS 12.55 provides that a class A misdemeanor is punishable by up to 30 days.  However, if the offense qualifies as being “among the most serious conduct included in the definition of the offense,” the person has at least two prior convictions for conduct similar in nature, the offense is an assault in the fourth degree, sexual assault in the fourth degree,  indecent exposure in the second degree, or harassment in the first degree if the contact involves another person’s genitals, buttocks, or female breast the person may be sentenced up to one year.  A person may also be sentenced up to a year if they have committed an offense which requires a mandatory minimum sentence of 30 days or more.  AS 12.55.135.  A court may also impose a fine of up to $25,000 for a class A misdemeanor.  AS 12.55.035.

A class B misdemeanor is generally punishable by up to 10 days for most offenses.  There are some special sentencing provisions for certain class B misdemeanors.  Those provisions can be found at AS 12.55.135.  A court may also impose a fine of up to $2,000 for a B misdemeanor.

3) In Section 5, were any of the offenses that will now be strict liability violations, formerly treated as misdemeanors? 

Yes.  We will now have the ability to charge either a misdemeanor or violation offense.

4) In Section 5, how would the state suffer a loss of federal monies from violations of AS 16.05?  (Answered by sectional).  Additionally, how is this restitution penalty different from general restitution?  Is there a difference?  Can they “run” consecutively?

When the state is defrauded money that should have been paid for licenses or tags by a person who fraudulently obtains the license or tag, the state actually loses matching federal dollars (3 to 1 match).

5) Relative to Section 8-10, what is the penalty for knowingly or intentionally taking a bear near a dump?

It is a class A misdemeanor which is the same penalty as it is if committed with criminal negligence (the current mental state).

6) Relative to Section 15 and similar sections, how do penalties for unclassified F&G misdemeanors compare to “pre” and to post-SB91 AS 12.55 misdemeanors?

Before the enactment of SB 91 a court could generally impose a sentence of up to one year for a class A misdemeanor and 90 days for a class B misdemeanor.  See former AS 12.55.135.  A court could also have imposed a fine of up to $10,000 for a class A misdemeanor and $2,000 for a class B misdemeanor. 

The post SB 91 sentencing structure can be found at AS 12.55.135 and in #2 above.

7) Are we changing any F&G offenses that are presently felonies to misdemeanors? No. Similarly, are we changing any Title 16 offenses only chargeable as misdemeanors to violations—only?

No, the bill provides the discretion to charge as a violation when there is no culpable mental state.

8) How often does a hunter voluntarily report an unlawful taking as outlined in Section 18?

Each year AWT gets a variety of self-turn in violations. Most of these have to do with moose and sheep.

In 2014 – AWT had 111 self-turn in big game cases.

In 2015- AWT had 115 self-turn in big game cases.

In 2016 – AWT had 114 self-turn in big game cases.

These numbers reflect approximately 33% of the total number of big game cases AWT handles each year statewide.

Finally, are there any significant differences between this bill and House Bill 286 from last year?  Was the failure of its passage principally due to the clock running out?

The only substantive change to the bill from the way it was introduced last year (HB286) are the changes in the restitution amounts made in house resources and house judiciary in 2016. Some of these restitution amounts were increased to reflect the individual desires of committee members. We introduced the bill this year as it died in committee last year reflecting these restitution changes.  

Kaci Schroeder

Assistant Attorney General

Criminal Division

Alaska Department of Law

465-4037

From: Rep. Andy Josephson [mailto:[email protected]]
Sent: Monday, April 03, 2017 8:14 AM
To: Schroeder, Kaci K (LAW); Peterson, Aaron C (LAW)
Subject: Questions re: HB 129

Dear Ms. Schroeder and Mr. Peterson:

I have the following questions for you regarding HB 129:

1) Section 4 expressly makes the “fix it” ticket portion not subject to a misdemeanor.  What was/is the penalty for violation of the AS 16.05.330(a) offenses?

2) How does an AS 12.55 misdemeanor compare in terms of sentencing after SB91 to the 6 months, $1,000 under current law noted in Section 4?

3) In Section 5, were any of the offenses that will now be strict liability violations, formerly treated as misdemeanors? 

4) In Section 5, how would the state suffer a loss of federal monies from violations of AS 16.05?  (Answered by sectional).  Additionally, how is this restitution penalty different from general restitution?  Is there a difference?  Can they “run” consecutively?

5) Relative to Section 8-10, what is the penalty for knowingly or intentionally taking a bear near a dump?

6) Relative to Section 15 and similar sections, how do penalties for unclassified F&G misdemeanors compare to “pre” and to post-SB91 AS 12.55 misdemeanors?

7) Are we changing any F&G offenses that are presently felonies to misdemeanors?  Similarly, are we changing any Title 16 offenses only chargeable as misdemeanors to violations—only?

8) How often does a hunter voluntarily report an unlawful taking as outlined in Section 18?

Finally, are there any significant differences between this bill and House Bill 286 from last year?  Was the failure of its passage principally due to the clock running out?

Thanks in advance,

State Rep. Andy Josephson