Legislature(2015 - 2016)BUTROVICH 205

03/09/2015 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled:
+= SB 51 UNIFORM INTER.CHILD SUPPORT;PARENTAGE TELECONFERENCED
Moved CSSB 51(JUD) Out of Committee
+= SB 5 RESTITUTION: PROPERTY AND INCOME LOSS TELECONFERENCED
Moved SB 5 Out of Committee
+= SB 41 PSYCHOLOGIST & ASSOC CRIM HISTORY CHECKS TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
           SB 5-RESTITUTION: PROPERTY AND INCOME LOSS                                                                       
                                                                                                                                
1:35:28 PM                                                                                                                    
CHAIR  MCGUIRE  announced the  consideration  of  SB 5.  "An  Act                                                               
relating to  loss of  income and valuing  property for  orders of                                                               
restitution."                                                                                                                   
                                                                                                                                
SENATOR MICCICHE expressed  hope that the committee  was ready to                                                               
move the bill.  He stated that loss of income  should be included                                                               
as  restitution,  actual damage  should  be  considered, and  the                                                               
victim  should be  made as  whole as  possible, depending  on the                                                               
financial capacity of the perpetrator.                                                                                          
                                                                                                                                
CHAIR  MCGUIRE   inquired  if  there   was  any   further  public                                                               
testimony. Finding none, she closed public testimony.                                                                           
                                                                                                                                
1:36:27 PM                                                                                                                    
SENATOR  WIELECHOWSKI   voiced  concern  about   creating  debtor                                                               
prisons. He  provided a  hypothetical example  of a  young person                                                               
making a mistake that follows  them through life. He acknowledged                                                               
that nobody  came forward  to testify about  that and  the public                                                               
defender didn't express concern.                                                                                                
                                                                                                                                
SENATOR COGHILL pointed  out that there is  a prohibition against                                                               
debtor prisons in the constitution.                                                                                             
                                                                                                                                
SENATOR MICCICHE said  he isn't interested in  keeping someone in                                                               
prison;  his  goal would  be  to  get  them  earning as  soon  as                                                               
possible and  take a fair  portion of  those earnings. SB  5 says                                                               
loss  of income  and  the  actual value  of  the  item should  be                                                               
considered for  restitution. He doesn't believe  in debtor prison                                                               
or indentured servitude. The goal  is to allow the perpetrator to                                                               
be responsible.  He acknowledged  that complete  restitution will                                                               
not be possible in many cases.                                                                                                  
                                                                                                                                
SENATOR COGHILL offered  to provide the citation  from the Alaska                                                               
Constitution.                                                                                                                   
                                                                                                                                
CHAIR MCGUIRE noted Senator Wielechowski  made the point that the                                                               
bill uses  "shall" and the  hope is  that every judge  would have                                                               
some discretion. She said it's good  to put it on the record that                                                               
debtor's prison isn't allowed in  Alaska. She agreed with Senator                                                               
Micciche that  there is a  real value  to the losses  that people                                                               
suffer and  that it's  an important policy  to change.  She asked                                                               
Senator Wielechowski if he wanted to offer an amendment.                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  answered  no. He  supports  victims  being                                                               
fully compensation,  but wanted  to say it  for the  record. He's                                                               
pleased that  there is no  intent to put  people in jail  if they                                                               
can't meet the  restitution payment. He noted that  the bill says                                                               
that courts  "shall take  into account"  and make  an appropriate                                                               
order.                                                                                                                          
                                                                                                                                
1:40:40 PM                                                                                                                    
SENATOR  COGHILL  motioned  to  report  SB  5,  version  H,  from                                                               
committee with individual recommendations and no fiscal note.                                                                   
                                                                                                                                
CHAIR MCGUIRE announced that without  objection, SB 5 is reported                                                               
from the Senate Judiciary Standing Committee.                                                                                   
                                                                                                                                

Document Name Date/Time Subjects
SB051A.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB051W.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_12 Uniform Interstate Family Support Act.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_1 Uniform Law Commission Summary.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_2 UIFSA (2008) Why States Should Adopt.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_3 Uniform Law Commission Map of States.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_4 UIFSA Testimony_Beaver.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_5 Letter to House State Affairs Committee.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_6 Supporting At-Risk Kids Act.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_7 HCCH International Recovery of Child Support.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_8 HCCH Countries.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_9 US Senate Press Release.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_10 Public Law Strengthening Families Act.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Doc_11 Title 42 Public Health and Welfare.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 FN1.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 FN2.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
SB51 Sectional Analysis.pdf SJUD 3/9/2015 1:30:00 PM
SB 51
1 SB5 Sponsor Statement.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
2 SB5 Sectional Analysis.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
3 SB5.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
4 SB5 Witnesses.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
5.1 SB5 AGC Support.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
5.2 SB5 State Chamber Support.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
5.3 SB5 Orion Marine Group Support.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
5.4 SB5 - ACAN Support.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
7 SB5 Appellate Court Opinion.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
9.1 SB5 Crime Index Offense Summary 2009-2013.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
6 SB5 AS 11 46 980.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
5_SB5 NFIB Support.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
9 SB5 2011 - 2013 Alaska Property Loss Summary.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
8 SB5 Welsh Case Brief and Commentary.pdf SJUD 3/9/2015 1:30:00 PM
SB 5
1 SB41 Sponsor Statement.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
2 SB41 Sectional Analysis vsn H.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
3 SB41 vsn H.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
4 SB41 Fiscal Note DCCED 2-18-15.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
5 SB41 Support AK Psychological Assn 2-14-15.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
5.1 SB41 Support Brainerd 2-17-15.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
5.2 SB41 Support Lisa Turner 2-17-15.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
5.3 SB41 Support Whipple 2-26-15.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
5.4 SB41 Support DeRuyter 2-27-15.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
6 SB41 Letter Alaska Psychological Association.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
6 SB41 Letter Alaska Psychological Association.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
7 SB41 Letetr Alaska Psychological Association.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
8 SB41 Letter Alaska Psychological Association.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
9 SB 41 Letter.pdf SJUD 3/9/2015 1:30:00 PM
SB 41
10 SB41 Letter.PDF SJUD 3/9/2015 1:30:00 PM
SB 41
11 SB 41 Letter.pdf SJUD 3/9/2015 1:30:00 PM
SB 41