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HOUSE JUD COMMITTEE -1- February 12, 2014 01/21/14 (H) JUD 02/12/14 (H) JUD at 1:00 PM CAPITOL 120

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HOUSE JUD COMMITTEE -1- February 12, 2014 01/21/14 (H) JUD 02/12/14 (H) JUD at 1:00 PM CAPITOL 120 ALASKA STATE LEGISLATURE HOUSE JUDICIARY STANDING COMMITTEE February 12, 2014 1:10 p.m. MEMBERS PRESENT Representative Wes Keller, Chair Representative Bob Lynn, Vice Chair Representative Neal Foster Representative Gabrielle LeDoux Representative Charisse Millett Representative Lance Pruitt Representative Max Gruenberg MEMBERS ABSENT All members present COMMITTEE CALENDAR HOUSE BILL NO. 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." - HEARD & HELD HOUSE BILL NO. 255 "An Act relating to unmanned aircraft systems; and relating to images captured by an unmanned aircraft system." - HEARD & HELD PREVIOUS COMMITTEE ACTION BILL: HB 218 SHORT TITLE: PENALTY: ASSAULT ON CORRECTIONAL EMPLOYEE SPONSOR(s): REPRESENTATIVE(s) CHENAULT, MILLETT, HERRON, LYNN 01/21/14 (H) PREFILE RELEASED 1/10/14 01/21/14 (H) READ THE FIRST TIME - REFERRALS HOUSE JUD COMMITTEE -1- February 12, 2014 01/21/14 (H) JUD 02/12/14 (H) JUD AT 1:00 PM CAPITOL 120 BILL: HB 255 SHORT TITLE: UNMANNED AIRCRAFT SYSTEMS SPONSOR(s): REPRESENTATIVE(s) HUGHES, HIGGINS, THOMPSON, PRUITT 01/21/14 (H) PREFILE RELEASED 1/17/14 01/21/14 (H) READ THE FIRST TIME - REFERRALS 01/21/14 (H) STA, JUD 01/28/14 (H) STA AT 8:00 AM CAPITOL 106 01/28/14 (H) Heard & Held 01/28/14 (H) MINUTE(STA) 02/04/14 (H) STA AT 8:00 AM CAPITOL 106 02/04/14 (H) Moved CSHB 255(STA) Out of Committee 02/04/14 (H) MINUTE(STA) 02/05/14 (H) STA RPT CS(STA) 3DP 4NR 02/05/14 (H) DP: ISAACSON, KREISS-TOMKINS, HUGHES 02/05/14 (H) NR: MILLETT, GATTIS, KELLER, LYNN 02/12/14 (H) JUD AT 1:00 PM CAPITOL 120 WITNESS REGISTER REPRESENTATIVE MIKE CHENAULT Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Testified as one of the joint prime sponsors of HB 218. RICHARD SVOBODNY, Deputy Attorney General Criminal Division Office of the Attorney General Department of Law Juneau, Alaska POSITION STATEMENT: Testified in support of HB 218. DOUGLAS MOODY, Deputy Public Defender Criminal Division Public Defender Agency Department of Administration Anchorage, Alaska POSITION STATEMENT: Advised the Public Defender Agency would like to give testimony at a later date. RONALD TAYLOR, Deputy Commissioner Office of the Commissioner Alaska Department of Corrections HOUSE JUD COMMITTEE -2- February 12, 2014 Juneau, Alaska POSITION STATEMENT: Testified in support of HB 218. TOM WRIGHT, Staff Representative Mike Chenault Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Spoke to research of HB 218. REPRESENTATIVE SHELLY HUGHES Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Testified as one of the joint prime sponsors of HB 255. GINGER BLAISDELL, Staff Representative Shelley Hughes Alaska State Legislature Juneau, Alaska POSITION STATEMENT: During hearing of HB 255, testified regarding her research of unmanned aircraft systems. LIEUTENANT STEVE ADAMS Statewide Search and Rescue Coordinator Alaska State Troopers Department of Public Safety Anchorage, Alaska POSITION STATEMENT: Testified in support of HB 255. DEAN DAWSON, Statewide Archivist Statewide Archives and Museums Department of Education Juneau, Alaska POSITION STATEMENT: During hearing of HB 255 testified regarding retention of images. ACTION NARRATIVE 1:10:27 PM CHAIR WES KELLER called the House Judiciary Standing Committee meeting to order at 1:10 p.m. Representatives Foster, LeDoux, Millet, Pruitt, Gruenberg and Keller were present at the call to order. Representative Lynn arrived as the meeting was in progress. HB 218-PENALTY: ASSAULT ON CORRECTIONAL EMPLOYEE HOUSE JUD COMMITTEE -3- February 12, 2014 1:11:33 PM CHAIR KELLER announced the first order of business would be House Bill 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." He noted an amendment offered by the Department of Law. 1:12:23 PM REPRESENTATIVE MIKE CHENAULT, Alaska State Legislature, speaking as one of the joint prime sponsors of HB 218, explained that the bill was introduced as a result of discussions with a correctional officer at the Spring Creek Correctional Center who had been assaulted. He noted that correctional officers are included in statutes setting the penalties for assault on certain uniformed officials, except in AS 12.55.155(c)(31), that covers the aggravating factor of misdemeanors. The aggravating factor in this statute allows a judge to impose a sentence above the presumptive range if the defendant has five previous for convictions class A misdemeanors. Convictions for two crimes that are part of a single criminal episode are counted as one prior conviction; however, current law provides that prior convictions for resisting arrest and/or a misdemeanor while attempting escape and/or assault on a police officer would each count as a prior conviction even though they were part of the same criminal episode. House Bill 218 extends this extra protection of counting prior for correctional officers by counting prior convictions for similar crimes committed against correctional officers. He noted his support for including the amendment included in the committee packet. 1:16:02 PM REPRESENTATIVE MILLETT moved that the committee adopt Amendment 1, labelled 28-LS0941\A.2, Strasbaugh, 2/11/14, which read: Page 1, line 3, following "employee": Insert "; 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" Page 1, following line 4: Insert a new bill section to read: HOUSE JUD COMMITTEE -4- February 12, 2014 "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT FOR SECTIONS 3 AND 4 OF THIS ACT. It is the intent of the legislature that AS 12.55.165(d), added by sec. 3 of this Act, and AS 12.55.175(g), added by sec. 4 of this Act, overturn the decision of the Alaska Court of Appeals in State v. Silvera, 309 P.3d 1277 (Alaska Ct. App. 2013), and the Alaska Supreme Court in Dale v. State, 626 P.2d 1062 (Alaska 1980) to the extent that the decisions hold that the risk of deportation may be considered a basis for referral of a felony sentencing to a three- judge panel." Page 1, line 5: Delete "Section 1" Insert "Sec. 2" Renumber the following bill section accordingly. Page 6, following line 4: Insert new bill sections to read: "* Sec. 3. AS 12.55.165 is amended by adding a new subsection to read: (d) A court may not refer a case to a three- judge panel under (a) of this section if the request for referral is based, in whole or in part, on the claim that a sentence within the presumptive range may result in the classification of the defendant as deportable under federal immigration law or that collateral consequences may or will result if the defendant is classified as deportable. * Sec. 4. AS 12.55.175 is amended by adding a new subsection to read: (g) A defendant being sentenced under AS 12.55.125(c), (d), (e) or (i) may not establish, nor may a three-judge panel find under (b) of this section or any other provision of law, that manifest injustice would result from imposing a sentence within the presumptive range based, in whole or in part, on the claim that the sentence may result in the classification of the defendant as deportable under federal immigration law or that collateral consequences may or will result if the defendant is classified as deportable. * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to read: HOUSE JUD COMMITTEE -5- February 12, 2014 APPLICABILITY. (a) Section 2 of this Act applies to offenses committed on or after the effective date of this Act. (b) Sections 3 and 4 of this Act apply to offenses committed before, on, or after the effective date of this Act if the sentence is imposed on or after the effective date of this Act. * Sec. 6. This Act takes effect July 1, 2014." REPRESENTATIVE GRUENBERG objected for purposes of discussion. 1:16:35 PM REPRESENTATIVE MILLETT explained that Amendment 1 includes a title change, prior to Section 1 is the insertion of a new section of legislative intent, and a new subsection of Section 3 specifying that a mitigating factor cannot be a reason to have a three-judge panel under this section of law. She requested that Mr. Svobody speak to the changes made in Sections 4 and 5. 1:18:04 PM The committee took a brief at-ease. [Chair Keller passed the gavel to Representative Pruitt.] 1:19:18 PM RICHARD SVOBODNY, Deputy Attorney General, Criminal Division Department of Law, stated that Amendment 1 also provides that a trial court could not send a case to a three-judge panel to go below the presumptive minimums on the sentence based upon the probabilities of deportation. However, if a case does go before a three-judge panel, the judges cannot make a decision based upon the probabilities of deportation. Mr. Svobodny agreed with Representative Millett that deportation could not be used as a mitigating factor for a trial court to place the case before a three-judge panel. 1:20:47 PM REPRESENTATIVE LEDOUX remarked she had mixed feelings about this issue as she has seen families torn apart as a result of deportation. On the other hand, it does not seem fair that an individual could commit a crime, particularly a violent crime, and receive a lesser sentence because he/she does not have citizenship.
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