Legislature(2017 - 2018)GRUENBERG 120

02/21/2018 01:00 PM JUDICIARY

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01:54:10 PM Start
01:54:38 PM Confirmation(s)
02:04:45 PM HB330
02:14:52 PM Confirmation
02:19:09 PM HB330
02:42:58 PM HB307
03:02:53 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:15 PM --
+ Confirmation Hearings: TELECONFERENCED
- Board of Governors Appointment
- Violent Crimes Compensation Board Appointment
+ HB 259 CONFINING VEHICLE LOADS TELECONFERENCED
<Bill Hearing Canceled>
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 307 MILITARY JUSTICE & MILITIA CIVIL RELIEF TELECONFERENCED
Moved CSHB 307(JUD) Out of Committee
+= HB 330 DNR: DISCLOSURE OF CONFIDENTIAL INFO TELECONFERENCED
Heard & Held
         HB 307-MILITARY JUSTICE & MILITIA CIVIL RELIEF                                                                     
                                                                                                                                
2:42:58 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next order of  business would be                                                               
HOUSE  BILL NO.  307,  "An  Act requiring  a  person who  commits                                                               
certain offenses under  the code of military  justice to register                                                               
as  a   sex  offender  or   child  kidnapper;  relating   to  the                                                               
Servicemembers Civil Relief Act; relating  to contracts made by a                                                               
member  of   the  organized  militia;  relating   to  nonjudicial                                                               
punishment  of  members of  the  organized  militia; relating  to                                                               
offenses subject to court-martial  proceedings; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
2:43:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX moved to adopt Amendment 1, Version 30-                                                                   
LS1099\D.1, Glover, 2/20/18, which read as follows:                                                                             
                                                                                                                                
     Page 11, following line 31:                                                                                                
     Insert new bill sections to read:                                                                                          
        "* Sec. 21. AS 26.05.855(b) is amended to read:                                                                     
          (b)  A member of the militia who (1) operates or                                                                      
     physically  controls a  nonmilitary vehicle,  aircraft,                                                                    
     or  vessel while  impaired  by  a controlled  substance                                                                
     [DESCRIBED IN  AS 26.05.870(c)], or (2) operates  or is                                                                    
     in actual  physical control  of a  nonmilitary vehicle,                                                                    
     aircraft,  or  vessel  while  under  the  influence  of                                                                    
     alcohol  or  when  the  alcohol  concentration  in  the                                                                    
     person's blood  or breath  is equal  to or  exceeds the                                                                    
     applicable  limit  under (d)  of  this  section may  be                                                                    
     punished  by   up  to  one  year   of  confinement,  by                                                                    
     separation  with  characterization up  to  dishonorable                                                                    
     discharge,  and by  such other  punishment as  a court-                                                                    
     martial may  direct, or  under (e)  of this  section if                                                                    
     the member is not in active  duty status at the time of                                                                    
     the offense, or by up  to five years of confinement, by                                                                    
     separation  with  characterization up  to  dishonorable                                                                    
     discharge,  and by  such other  punishment as  a court-                                                                    
     martial  may direct  if the  member is  in active  duty                                                                    
     status at the time of the offense.                                                                                         
        * Sec. 22. AS 26.05.855(c) is amended to read:                                                                        
          (c)  A member of the militia who (1) operates or                                                                      
     physically controls  a vehicle, aircraft, or  vessel of                                                                    
     the armed  forces of the  United States or  the militia                                                                    
     of a state  in a negligent or reckless  manner or while                                                                    
     impaired  by  a   controlled  substance  [DESCRIBED  IN                                                                
     AS 26.05.870(c)],  or  (2)  operates or  is  in  actual                                                                    
     physical control  of a vehicle, aircraft,  or vessel of                                                                    
     the armed  forces of the  United States or  the militia                                                                    
     of  a state  while under  the influence  of alcohol  or                                                                    
     when the  alcohol concentration  in the  person's blood                                                                    
     or breath is  equal to or exceeds  the applicable limit                                                                    
     under  (d) of  this section  may be  punished by  up to                                                                    
     five   years  of   confinement,   by  separation   with                                                                    
     characterization up  to dishonorable discharge,  and by                                                                    
     such other punishment as a court-martial may direct."                                                                      
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 12, line 4:                                                                                                           
          Delete "drug"                                                                                                     
          Insert "controlled substance"                                                                                     
                                                                                                                                
     Page 12, line 5:                                                                                                           
          Delete "indulgence in"                                                                                            
          Insert "the use of"                                                                                               
                                                                                                                                
     Page 12, lines 12 - 13:                                                                                                    
          Delete    "In    this   subsection,    "controlled                                                                    
     substance" has the meaning given in AS 26.05.870."                                                                         
                                                                                                                                
     Page 12, lines 14 - 23:                                                                                                    
          Delete all material and insert:                                                                                       
        "* Sec. 25. AS 26.05.865 is amended to read:                                                                          
          Sec. 26.05.865. Misbehavior of sentinel. A                                                                          
     sentinel or lookout  who (1) as a result of  the use of                                                                
     any alcoholic  beverage or drug, is  unable to properly                                                                
     perform  the sentinel's  or  lookout's  duties, (2)  is                                                                
     found [UNDER  THE INFLUENCE OF ALCOHOL  OR] sleeping on                                                                    
     the sentinel's  or lookout's post, (3)  [OR] leaves the                                                                
     sentinel's  or lookout's  post  before being  regularly                                                                
     relieved,  or (4)  loiters or  wrongfully sits  down on                                                                
     post may  be punished, if  the offense is  committed in                                                                
     time of war or emergency  as described in AS 26.05.070,                                                                    
     by  confinement   of  not  more   than  10   years,  by                                                                    
     separation  with  characterization up  to  dishonorable                                                                    
     discharge,  and by  such other  punishment as  a court-                                                                    
     martial may direct, but if  the offense is committed at                                                                    
     any other  time, by up  to one year of  confinement, by                                                                    
     separation  with  characterization up  to  dishonorable                                                                    
     discharge,  and by  such other  punishment as  a court-                                                                    
     martial may direct."                                                                                                       
                                                                                                                                
     Page 17, following line 18:                                                                                                
          Insert new bill sections to read:                                                                                     
        "* Sec. 37. AS 26.05.990 is  amended by adding a new                                                                
     paragraph to read:                                                                                                         
               (22) "controlled substance" means                                                                                
               (A) opium, heroin, cocaine, amphetamine,                                                                         
     lysergic     acid    diethylamide,     methamphetamine,                                                                    
     phencyclidine, barbituric acid, and marijuana;                                                                             
               (B) a compound or derivative of a substance                                                                      
     specified in (A) of this paragraph;                                                                                        
               (C) a substance not specified in (A) or (B)                                                                      
     of  this paragraph  that  is listed  on  a schedule  of                                                                    
     controlled  substances prescribed  by the  President of                                                                    
     the United States for the purposes of the armed forces                                                                     
         of the United States under 10 U.S.C. 801 - 946                                                                         
     (Uniform Code of Military Justice);                                                                                        
               (D) a substance not specified in (A) or (B)                                                                      
        of this paragraph or on a list prescribed by the                                                                        
      President under (C) of this paragraph that is listed                                                                      
     in 21 U.S.C. 812, schedules I through V;                                                                                   
               (E) an illicit synthetic drug identified in                                                                      
     AS 17.21.010.                                                                                                              
        * Sec. 38. AS 26.05.870(c) is repealed."                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 17, line 26:                                                                                                          
          Delete "sec. 26"                                                                                                      
          Insert "sec. 28"                                                                                                      
          Delete "sec. 27"                                                                                                      
          Insert "sec. 29"                                                                                                      
                                                                                                                                
     Page 17, line 27:                                                                                                          
          Delete "sec. 31"                                                                                                      
          Insert "sec. 33"                                                                                                      
          Delete "sec. 33"                                                                                                      
          Insert "sec. 35"                                                                                                      
                                                                                                                                
     Page 17, line 29:                                                                                                          
          Delete "26, 27, 31, and 33"                                                                                           
          Insert "28, 29, 33, and 35"                                                                                           
                                                                                                                                
      Page 18, line 7, following the second occurrence of                                                                       
     "Act,":                                                                                                                    
          Insert "AS 26.05.855(b), as amended by sec. 21 of                                                                     
      this Act, AS 26.05.855(c), as amended by sec. 22 of                                                                       
     this Act"                                                                                                                  
                                                                                                                                
     Page 18, line 8:                                                                                                           
          Delete "sec. 21"                                                                                                      
          Insert "sec. 23"                                                                                                      
          Delete "sec. 22"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 18, line 9:                                                                                                           
          Delete "sec. 23"                                                                                                      
          Insert "sec. 25"                                                                                                      
          Delete "sec. 24"                                                                                                      
          Insert "sec. 26"                                                                                                      
                                                                                                                                
     Page 18, line 10:                                                                                                          
          Delete "sec. 25"                                                                                                      
          Insert "sec. 27"                                                                                                      
          Delete "sec. 26"                                                                                                      
          Insert "sec. 28"                                                                                                      
                                                                                                                                
     Page 18, line 11:                                                                                                          
          Delete "sec. 27"                                                                                                      
          Insert "sec. 29"                                                                                                      
                                                                                                                                
     Page 18, line 12:                                                                                                          
          Delete "28"                                                                                                           
          Insert "30"                                                                                                           
          Delete "sec. 29"                                                                                                      
          Insert "sec. 31"                                                                                                      
                                                                                                                                
     Page 18, line 13:                                                                                                          
          Delete "sec. 30"                                                                                                      
          Insert "sec. 32"                                                                                                      
          Delete "sec. 32"                                                                                                      
          Insert "sec. 34"                                                                                                      
          Delete the first occurrence of "and"                                                                                  
                                                                                                                                
     Page 18, line 14:                                                                                                          
          Delete "sec. 34"                                                                                                      
          Insert "sec. 36"                                                                                                      
          Following "Act,":                                                                                                     
          Insert "and AS 26.05.990(22), enacted by sec. 37                                                                      
     of this Act,"                                                                                                              
                                                                                                                                
     Page 18, line 15:                                                                                                          
          Delete "9 - 30, 32, and 34"                                                                                           
          Insert "9 - 32, 34, 36, and 37"                                                                                       
                                                                                                                                
     Page 18, line 27:                                                                                                          
          Delete "8 - 34, and 35(b) - (d)"                                                                                      
          Insert "8 - 38, and 39(b) - (d)"                                                                                      
                                                                                                                                
     Page 18, line 29:                                                                                                          
          Delete "sec. 36"                                                                                                      
          Insert "sec. 40"                                                                                                      
                                                                                                                                
     Page 19, line 3:                                                                                                           
          Delete "8 - 34, and 35(b) - (d)"                                                                                      
          Insert "8 - 38, and 39(b) - (d)"                                                                                      
                                                                                                                                
     Page 19, line 5:                                                                                                           
          Delete "sec. 38"                                                                                                      
          Insert "sec. 42"                                                                                                      
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS objected.                                                                                         
                                                                                                                                
2:44:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX deferred to Kendra Kloster.                                                                               
                                                                                                                                
2:44:16 PM                                                                                                                    
                                                                                                                                
KENDRA KLOSTER,  Staff, Representative  Chris Tuck,  Alaska State                                                               
Legislature, referred  to HB 307,  [Sec. 21, AS  26.05.860], page                                                               
12, lines 1-8, and advised that  Sec. 21 is the crux of Amendment                                                               
1.   She noted that  a discussion  ensued during a  House Special                                                               
Committee  on  Military  and   Veterans'  Affairs  regarding  the                                                               
difference between  a drug and  a controlled substance,  and that                                                               
Amendment 1 is  a continuing effort to make  certain that section                                                               
is clarified.                                                                                                                   
                                                                                                                                
MS. KLOSTER  turned to  Amendment 1,  new sections,  Secs. 21-22,                                                               
and  advised  that  these  are  conforming  changes  because  the                                                               
definition  of   "a  controlled  substance"  is   moved  from  AS                                                               
26.05.870  to   the  definition  section,  AS   26.05.990.    She                                                               
explained that this is simply conforming and nothing is changed.                                                                
                                                                                                                                
2:45:13 PM                                                                                                                    
                                                                                                                                
MS. KLOSTER turned  to HB 307, [Sec. 21, AS  26.05.860], page 12,                                                               
lines 4-6, which read as follows:                                                                                               
                                                                                                                                
          ...  found under  the influence  of  alcohol or  a                                                                
     drug while  on duty, or  (2) as a result  of indulgence                                                            
     in  any  alcoholic  beverage  or  drug,  is  unable  to                                                                
     properly perform the member's duty                                                                                     
                                                                                                                                
MS. KLOSTER explained that the  amendment deletes the word "drug"                                                               
and inserts "a  controlled substance," on line 4,  and  explained                                                               
that the word  "drug" could be anything, such  as cough medicine.                                                               
She turned to  lines 5-6 and noted that the  word "indulgence" is                                                               
deleted and it inserts "the use of."                                                                                            
                                                                                                                                
MS. KOSTER turned to HB 307,  [Sec. 22, AS 26.05.860(b), page 12,                                                               
lines 12-13, which read as follows:                                                                                             
                                                                                                                                
          (b) ... accordance with a valid prescription                                                                          
      shall be punished as a court-martial may direct.  In                                                                      
     this   subsection,  "controlled   substance"  has   the                                                                    
     meaning given in AS 26.05.870.                                                                                             
                                                                                                                                
MS.  KLOSTER  advised  that  part of  the  conforming  change  is                                                               
removing the  "controlled substance" definition and  moving it to                                                               
the definition section, [AS 26.05.870].                                                                                         
                                                                                                                                
2:46:01 PM                                                                                                                    
                                                                                                                                
MS. KOSTER  turned to HB 307,  [Sec. 23, AS 26.05.865],  page 12,                                                               
lines 14-23 and  advised that that language is  deleted, but only                                                               
to put it back into Sec. 25.                                                                                                    
                                                                                                                                
MS. KOSTER  noted that line  23 read: "Misbehavior  of sentinel,"                                                               
and this case,  the sponsor is using similar  language under Sec.                                                               
21,  and putting  it  into Sec.  23  in order  to  conform.   She                                                               
referred to Amendment 1, [Sec. 25,  page 2, lines 22-31, and page                                                               
3,  line 1],  and advised  that  the amendment  language read  as                                                               
follows:                                                                                                                        
                                                                                                                                
          Sec.   26.05.865.  Misbehavior   of  sentinel.   A                                                                  
     sentinel or lookout  who (1) as a result of  the use of                                                                
     any alcoholic  beverage or drug, is  unable to properly                                                                
     perform  the sentinel's  or  lookout's  duties, (2)  is                                                                
     found [UNDER  THE INFLUENCE OF ALCOHOL  OR] sleeping on                                                                    
     the sentinel's  or lookout's post, (3)  [OR] leaves the                                                                
     sentinel's  or lookout's  post  before being  regularly                                                                
     relieved,  or (4)  loiters or  wrongfully sits  down on                                                                
     post may  be punished, if  the offense is  committed in                                                                
     time of war or emergency  as described in AS 26.05.070,                                                                    
     by  confinement   of  not  more   than  10   years,  by                                                                    
     separation  with  characterization up  to  dishonorable                                                                    
     discharge,  and by  such other  punishment as  a court-                                                                    
     martial may direct, but if  the offense is committed at                                                                    
     any other  time, by up  to one year of  confinement, by                                                                    
     separation  with  characterization up  to  dishonorable                                                                    
     discharge,  and by  such other  punishment as  a court-                                                                    
     martial may direct.                                                                                                        
                                                                                                                                
MS. KOSTER explained that the  sponsor duplicated the language in                                                               
Sec. 21 and inserted it into  Sec. 23.  The remaining portions of                                                               
the  amendment deletes  different sections,  and conforms  all of                                                               
the  sections  and  numbers, because  Amendment  1  includes  new                                                               
sections in the bill and renumbering.                                                                                           
                                                                                                                                
2:47:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  advised that after numerous  struggles and                                                               
discussions, she believes "this finally does the trick."                                                                        
                                                                                                                                
2:47:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHRIS  TUCK, in response  to Chair  Claman advised                                                               
that he supports Amendment 1.                                                                                                   
                                                                                                                                
REPRESENTATIVE  REINBOLD commented  to the  sponsor that  she was                                                               
pleased with  the discussions in  the House Special  Committee on                                                               
Military and Veterans' Affairs, and  with Amendment 1.  She asked                                                               
whether the  sponsor believes all  of the members'  concerns have                                                               
been addressed.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  TUCK  advised that  it  does  address the  voiced                                                               
concerns, and that  Sec. 21 was the tough section.   When looking                                                               
at   "or  a   drug,"   the  sponsor   looked  at   illegal/legal,                                                               
prescribed/non-prescribed  drugs and  they were  finally able  to                                                               
put  those  sidebars down.    He  advised  that his  office  went                                                               
through  two   different  attorneys  at  Legislative   Legal  and                                                               
Research  Services to  determine how  to frame  the language  and                                                               
added  that  the  language  was   framed  in  the  House  Special                                                               
Committee on Military and Veterans'  Affairs as far as prescribed                                                               
drugs used illegally.                                                                                                           
                                                                                                                                
2:49:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  commented that  the word "drug"  was too                                                               
broad and the  sponsors office worked hard "with all  of us," and                                                               
she supports Amendment 1.                                                                                                       
                                                                                                                                
2:49:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN acknowledged  that  the  word "drug"  was                                                               
changed to  "a controlled substance"  in a number  of situations.                                                               
Except,  he  pointed  out,  within   Amendment  1,  Sec.  25,  AS                                                               
26.05.865, page 2,  lines 22-31, and page 3, line  1, the sponsor                                                               
chose not  to make that  change.  He  asked why the  sponsor made                                                               
that choice, what drove the  language from "alcohol" to this more                                                               
expansive  "alcoholic  beverage  or drug,"  which  could  include                                                               
cough syrup.   He  requested examples, if  any, of  sentinels who                                                               
took non-controlled substances that impaired their duty.                                                                        
                                                                                                                                
REPRESENTATIVE TUCK explained that when  looking at the role of a                                                               
sentinel or  lookout, he  wanted to  encompass a  sentinel taking                                                               
aspirin, but not  impairing their ability to  perform their work.                                                               
In that  regard, the  sponsor used  the same  conforming language                                                               
under  Sec. 21,  "the last  half of  that."   Representative Tuck                                                               
explained  that they  also  wanted  to "throw  that  in there  by                                                               
changing the  definition and then  throwing that  section section                                                               
[sic] in  there that, if perhaps,  they have taken too  much cold                                                               
medicine,  or  something else,  that  does  make them  unable  to                                                               
perform -- properly  perform their duty, then some  action can be                                                               
taken."  The goal was to  not have action taken for simply taking                                                               
any drug, such as an aspirin, he explained.                                                                                     
                                                                                                                                
2:51:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked what  was driving Sec.  25, because                                                               
if someone was  taking a lawful drug, such as  aspirin, are there                                                               
occasions  where aspirin  has caused  people "to  do things  they                                                               
shouldn't be  doing," and  that there  must be  a way  to capture                                                               
that as an offense.                                                                                                             
                                                                                                                                
REPRESENTATIVE  TUCK  replied  that  Representative  Eastman  was                                                               
correct, except  probably it  would not  be aspirin  but possibly                                                               
cough medicine  instead.   This language  encompasses everything,                                                               
and in  this case, he pointed  out, taking too many  aspirin, and                                                               
not following  the directions on  the bottle may not  get someone                                                               
in trouble, but if it made  them unable to properly perform their                                                               
work, it would get them into  trouble.  He explained that this is                                                               
the  language previously  contained under  Sec. 21  and was  then                                                               
added into the new Sec. 25.                                                                                                     
                                                                                                                                
CHAIR  CLAMAN  suggested  that  someone  taking  over-the-counter                                                               
Benadryl could doze off under its sleep inducing effects.                                                                       
                                                                                                                                
2:52:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  advised  that a  sentinel  not  properly                                                               
performing their duty  is an offense in and of  itself.  He asked                                                               
why the need  to create this new scenario where  someone is using                                                               
a  lawful drug  and having  the same  effect, and  how is  that a                                                               
different offense.   He  pointed out that  the amendment  did not                                                               
necessarily say that the person  willfully used the substance, it                                                               
seems to  be a  strict liability type  of situation  because they                                                               
ate something and it was a  drug, and whether they even knew what                                                               
they were doing is not even part of this issue.                                                                                 
                                                                                                                                
REPRESENTATIVE  TUCK   responded  that  most  of   this  bill  is                                                               
conforming  language  to  the  United  States  Code  of  Military                                                               
Justice  (USMJ), and  the  language updates  Alaska  Title 26  to                                                               
conform  to  the  USMJ  model  language  for  all  states.    The                                                               
legislation was  modified a  small bit  to include  the sidebars,                                                               
but basically the model legislation  asked that this language for                                                               
the alcoholic beverages and for drugs is included.                                                                              
                                                                                                                                
2:54:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  offered  his   thought  that  the  model                                                               
legislation was  HB 307, and Amendment  1 was more of  a sidebar.                                                               
He asked whether the idea of  making it expansive to simply drugs                                                               
of any  kind, was intended to  be part of the  model legislation,                                                               
or was it part of a discussion that resulted in Amendment 1.                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  answered  that the  model  legislation  was                                                               
basically "a drug,"  and the question was raised  that if someone                                                               
needed to take a cold medicine  or an aspirin for the performance                                                               
of their work, should they be  in trouble for those actions.  Not                                                               
necessarily, he  said, unless  they are  unable to  perform their                                                               
work, and  that section  is added  within Amendment  1.   This is                                                               
similar to the  same conditions under Sec.  21, where drunkenness                                                               
and other  incapacitating offenses  are listed.   They  looked at                                                               
the second half  of that provision and the  two conditions: "were                                                               
found under  the influence of  alcohol or a  controlled substance                                                               
while  on duty;  or  (2) as  a  result of  use  of any  alcoholic                                                               
beverages or  drug, is  unable to  properly perform  the member's                                                               
duty," and they added "that section  to this one as well."  There                                                               
should be more  responsibility put on a lookout  or sentinel than                                                               
on the average member performing  their work, which is the reason                                                               
it  read:  "or loiters  or  wrongly  sits  down on  their  post,"                                                               
because these people need to watch out for everyone, he said.                                                                   
                                                                                                                                
2:56:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  withdrew  his objection.    There                                                               
being no objection, Amendment 1 was adopted.                                                                                    
                                                                                                                                
2:56:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN referred  to  HB 307,  Sec.  10, page  8,                                                               
lines 16-21,  and noted  that the  language discussed  a "serious                                                               
offense,"  and asked  whether that  is defined  elsewhere in  the                                                               
bill, and the interpretation of a "serious offense."                                                                            
                                                                                                                                
REPRESENTATIVE TUCK deferred to Lieutenant Colonel Weaver.                                                                      
                                                                                                                                
2:57:21 PM                                                                                                                    
                                                                                                                                
LIEUTENTANT COLONEL  CHRIS WEAVER,  Alaska National  Guard, asked                                                               
that the question be repeated.                                                                                                  
                                                                                                                                
CHAIR CLAMAN asked the definition  of "a serious offense" in Sec.                                                               
10 of HB 307, page 8, line 18.                                                                                                  
                                                                                                                                
LIEUTENANT COLONEL  WEAVER responded that "a  serious offense" is                                                               
any offense punishable under the  UCMJ by death or by confinement                                                               
for a term exceeding one year.                                                                                                  
                                                                                                                                
CHAIR CLAMAN explained that in modern  terms it would be called a                                                               
felony under state jurisdiction.                                                                                                
                                                                                                                                
2:58:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   REINBOLD  offered   her  appreciation   for  the                                                               
sponsor's  office working  with  the majority  and minority,  and                                                               
that she supports the bill.                                                                                                     
                                                                                                                                
REPRESENTATIVE   LEDOUX   reiterated  Representative   Reinbold's                                                               
comments  and added  that  this bill  is an  example  of how  the                                                               
committee process is supposed to work.   She pointed out that and                                                               
when the House Judiciary Standing  Committee worked on the entire                                                               
military justice  process legislation a  few years ago,  that was                                                               
also  an example  of how  the  committee process  is supposed  to                                                               
work.                                                                                                                           
                                                                                                                                
2:59:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  noted a  comment  made  in the  previous                                                               
hearing that there should be regular  updates to the USCMJ due to                                                               
the changes "in other places  and whatnot."  While he understands                                                               
the  reason for  the  updates  in this  case,  he mentioned  that                                                               
uniform  codes are  not  actually  designed to  be  updated on  a                                                               
regular basis or  every couple of years.  The  idea is that there                                                               
is a  code that  is known  and understood  and passed  on through                                                               
tradition  as   far  as  instruction.     There   are  non-lawyer                                                               
servicemembers  who  are  not  only  held by  the  code  but  are                                                               
applying  the  code, and  in  some  cases presiding  over  courts                                                               
martial with little  to no formal legal training.   He encouraged                                                               
judicious use of amendments to  the code and to hopefully capture                                                               
all of the needful amendments now  and not come back for at least                                                               
a few years.                                                                                                                    
                                                                                                                                
3:00:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP thanked  the sponsor  and his  staff because                                                               
this is a  critically needed piece of legislation.   The criminal                                                               
justice system is  always evolving, both on the  civilian end and                                                               
the  military  end  because  there  are  many  moving  pieces  in                                                               
criminal law.   Also, he  pointed out, as technology  changes and                                                               
the  ability  to  access information  changes,  criminal  justice                                                               
matters will continually come before  this committee.  He said he                                                               
does expect to  see amendments in the future,  and he appreciates                                                               
moving this bill.                                                                                                               
                                                                                                                                
3:01:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  moved  to report  CSHB  307(MLV),                                                               
Version   30-LS1099\D,  as   amended,  out   of  committee   with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being no  objection, CSHB 307(JUD) passed out  of the House                                                               
Judiciary Standing Committee.                                                                                                   

Document Name Date/Time Subjects
Board of Governors of the Alaska Bar Appointment-William Gordon Application 2.21.18.pdf HJUD 2/21/2018 1:00:00 PM
Violent Crimes Compensation Board Appointment-Jeffrey Stubblefield Application and Resume 2.21.18.pdf HJUD 2/21/2018 1:00:00 PM
HB330 ver A 2.16.18.pdf HJUD 2/16/2018 1:00:00 PM
HJUD 2/21/2018 1:00:00 PM
HJUD 2/23/2018 1:30:00 PM
HJUD 2/26/2018 1:00:00 PM
HRES 3/9/2018 1:00:00 PM
HRES 3/12/2018 1:00:00 PM
HRES 3/14/2018 1:00:00 PM
HB 330
HB330 Transmittal Letter 2.16.18.pdf HJUD 2/16/2018 1:00:00 PM
HJUD 2/21/2018 1:00:00 PM
HRES 3/9/2018 1:00:00 PM
HRES 3/12/2018 1:00:00 PM
HRES 3/14/2018 1:00:00 PM
HB 330
HB330 Opposing Document-UCM Letter 2.21.18.pdf HJUD 2/21/2018 1:00:00 PM
HRES 3/9/2018 1:00:00 PM
HRES 3/12/2018 1:00:00 PM
HRES 3/14/2018 1:00:00 PM
HB 330
HB330 Fiscal Note DNR-DOG 2.16.18.pdf HJUD 2/16/2018 1:00:00 PM
HJUD 2/21/2018 1:00:00 PM
HRES 3/9/2018 1:00:00 PM
HRES 3/12/2018 1:00:00 PM
HRES 3/14/2018 1:00:00 PM
HB 330
HB307 ver D 2.19.18.PDF HJUD 2/19/2018 1:30:00 PM
HJUD 2/21/2018 1:00:00 PM
HB 307
HB307 Sponsor Statement 2.19.18.pdf HJUD 2/19/2018 1:30:00 PM
HJUD 2/21/2018 1:00:00 PM
HB 307
HB307 Sectional Analysis ver D 2.19.18.pdf HJUD 2/19/2018 1:30:00 PM
HJUD 2/21/2018 1:00:00 PM
HB 307
HB307 Amendment #1 2.21.18.pdf HJUD 2/21/2018 1:00:00 PM
HB 307
HB307 Additional Document-Leg Legal Memo on Amendment #1 (D.1) 2.21.18.pdf HJUD 2/21/2018 1:00:00 PM
HB 307
HB307 Amendment #1 HJUD Final Vote 2.21.18.pdf HJUD 2/21/2018 1:00:00 PM
HB 307
HB307 Fiscal Note MVA-COM 2.19.18.pdf HJUD 2/19/2018 1:30:00 PM
HJUD 2/21/2018 1:00:00 PM
HB 307
HB307 Fiscal Note DPS-SWITS 2.19.18.pdf HJUD 2/19/2018 1:30:00 PM
HJUD 2/21/2018 1:00:00 PM
HB 307