The rollback of SB 91? Getting rolled by House Finance - Must Read Alaska
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Wednesday, October 23, 2019
HomePoliticsThe rollback of SB 91? Getting rolled by House Finance

The rollback of SB 91? Getting rolled by House Finance

CAUTION: MORE CRIME, LEGAL RAPE AHEAD

Must Read Alaska has learned that the Democrat-led House Majority is preparing to reverse a compromise it made with the Dunleavy Administration on several key portions of HB 49, the governor’s legislation intended to fortify criminal justice. The matter is being taken up in House Finance on Monday at 9 am.

The Administration had agreed to a compromise on sections of HB 49, but even that was too tough-on-crime for the House Majority. They’ve decided they don’t agree with the Administration on key provisions and want to preserve sections of SB 91. Thus, they’re no longer in agreement on the compromise they made.

Some of the provisions that the Democrat-led House Majority are expected to offer on Monday include:

  • Reversing their agreement with the governor on eliminating the use of “marriage as a defense” in sexual assault cases. The Department of Law says actual instances in Alaska have occurred where a woman is incapacitated due to dementia, Alzheimers, or another condition that prevents her from knowingly consenting to sex. The Department of Law says one such case is even on film, but cannot be prosecuted. The House Majority has decided to water down the provision so that this type of rape remains legal.
  • Reversing their agreement on conditions of release. The governor had an agreement with the House Democrat-led Majority to make tougher sanctions on those who are  out of jail awaiting trial, but who violate terms of their release. The House Democrat-led Majority wants to  keep the SB-91 provisions and essentially eliminate jail time if people commit certain crimes while awaiting trial for prior offenses.
  • Reversing their agreement on presumptions for release on bail. The governor and House Republicans want to return provisions to pre-SB 91 rules that give judges discretion. Currently, under SB 91, judges must release suspects unless they have “clear and convincing evidence.” The Democrat-led majority is choosing to keep this at SB 91 levels, removing the discretion of judges.
  • Reversing their agreement on sanctions for technical violations to SB 91 levels. Under SB 91, people only go to jail for three days for a technical violation of their release. This is how they are importing drugs into prisons, critics say, because they swallow the drugs in containers and by the time they are released, they’ve excreted them and sold them in the correctional institutions. The governor wants to increase the range of sentences available for those who violate probation or parole. The House Democrat-led majority has decided to stick with SB 91.
  • Reversing their agreement on lawbreakers who abscond. With SB 91, judges can only give absconders 30 days in jail. The governor and the House Republicans wanted to give discretion back to judges. The Democrat-led Majority agreed to that last week but has since changed its mind and wants to preserve the lighter penalties of SB 91.
  • Reversing their agreement on a provision that makes driving with a suspended license a prosecutable offense. The House Democrat-led Majority wants to leave this offense of driving on a suspended license as one that cannot be prosecuted. Currently, it’s only prosecutable if it’s related to a DUI.

HB 49 is the governor’s crime bill with several provisions to reverse some of the more egregious problems with SB 91, criminal justice legislation that passed in 2016 and was signed into law by Gov. Bill Walker, which led to a serious and prolonged crime wave across the state.

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Suzanne Downing had careers in business and journalism before serving as the Director of Faith and Community-based Initiatives for Florida Gov. Jeb Bush and returning to Alaska to serve as speechwriter for Gov. Sean Parnell. Born on the Oregon coast, she moved to Alaska in 1969.

Latest comments

  • It would save a lot of time and money if the dims just did away with all laws. Seems like that’s where they’re headed anyway. Clean “house” and start all over. Close all the jails and prisons and give criminals a “posey” for the inconvenience of being arrested. Why have police and courts if they won’t be used for what they are meant? The “house” politicos probably have private security to keep themselves protected. In any case, the results will be dictated by the actions. I don’t think it will be pretty. SB-91 has set the “standard” and the dims seem intent on more of the same or worse.

  • Please follow this closely for us that cannot and let us know who is supporting what. Thanks for all your dedication to get us the best and freshest news…

  • It’s time for the good people to take control back from the criminals!
    We can

    Deadly force to protect and recover property. Stand you ground laws dont allow you to protect properity outside your home, not you car, or your shead, it dosent allow you to recover stolen property, this allows deadly force to protect and recover your property.

    A person or an agent of the person is justified in using deadly force against another to protect land or tangible, movable property:

    (1) if he would be justified in using deadly force against the other under Title… Chapter…section…

    (2) when and to the degree he reasonably believes the deadly force is immediately necessary:

    (A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft , or criminal mischief;  or

    (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft from escaping with the property;  and

    (3) he reasonably believes that:

    (A) the land or property cannot be protected or recovered in same the condition in less than 10 days by any other means;  or

    (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
    Sign the petition and we will start a citizen initiative to protect our property

    http://chng.it/rKFNrVq25Q

    • I agree and will sign the petition for sure!
      Sadly, Matt Claman and the Democrat-Socialists want is Criminal Justice and when we do use Deadly Force, that the Criminal and/or family members will be the “victim” and we the “criminal”, NOT protected by law!
      I truly believe that we armed Alaskans have shown great restraint in the use of Deadly Force. I am afraid that so long as crime continues, increases and is not prosecuted, much less even arrested, Deadly Force will start occurring more and more our of fear that we have no recourse and are constantly in fear of our lives.
      I’m 66 and never have had to pull that trigger because being armed stopped criminal actions. I would love to go another 66 years. Sadly, the more the criminal knows they can get away with harming Alaskans, the greater the threat and fear of lethal harm to us will occur and thus the more times Deadly Force will be used!

    • Carrie, I sent this to my AMAC members. We are about 200 strong with our chapter. All strong conservatives.

  • Pay attention to vote and vote em out next election. They’re not representing anybody.

  • It seems to me that the democrats wants the car thieves to thrive. I wonder why? Could the democrats be making money from the chop shops?

  • The first one seems strange for the administration to bring forth. Are they saying that once one of a married couple has that illness that they can’t exercise their conjugal duties? Exactly who would get to determine when someone has gone far enough to lose those rights?

  • Politicians and Law Makers are hiding. I say turn on the spotlights so the voting public know what and whom they are voting for. Right now we have a lot of tax dollars being wasted. The money is being spent, but their is no bang for our buck.

  • Suzanne. Watched the entire Finance. So did we win or loose on those amendments that are in your story?

  • Just off the phone with Colleen Sullivan-Leonard’s office. The above was a supposed CS that was supposed to be done today. Amendments and bill not the CS. So looks like we got a win out of this. Carpenter and Colleen No votes.
    Carpenter got all his excellent amendments through.

    • Correction, Colleen and Merrick were no.

  • I’d like to bring back public stocks. We’ve all read about them. The infraction on a sign, time in the stocks for folks to throw rotted fruits and veggies at them, and then let them go. Public humiliation for the criminal element.

    Oh wait, I think I mean miscreant legislators!

    (Just kidding!…..maybe)

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