1995-06-26                     Senate Journal                      Page 1943
SB 14                                                                        
Message of May 19 was received, stating:                                       
                                                                               
Dear President Pearce:                                                         
                                                                               
Under the authority of Art. II, sec. 15, of the Alaska Constitution,           
I have vetoed the following bill:                                              
                                                                               
CS for Senate Bill 14 (JUD)                                                   
"An Act relating to criminal mischief."                                       

1995-06-26                     Senate Journal                      Page 1944
SB 14                                                                        
I have both policy and fiscal concerns with CS for SB 14 (JUD).                
Under current law, juveniles are automatically tried as adults if they         
are at least 16 years of age and are charged with murder,                      
kidnapping, first degree sexual assault, or other similarly serious            
felony offenses.                                                               
                                                                               
This bill would have required juveniles to be automatically tried as           
adults, regardless of their age, for the misdemeanor offense of                
stealing a propelled vehicle, or riding in a stolen propelled vehicle.         
As defined in law, "propelled vehicle" includes cars, trucks, snow             
machines, all-terrain vehicles, motorcycles, boats, and construction           
equipment.                                                                     
                                                                               
The bill would have resulted in grossly inconsistent treatment of              
juvenile property offenders.  On one hand, the bill would have                 
required a 9-year-old who rode on a stolen snowmachine to be                   
automatically prosecuted as an adult, receive a permanent criminal             
record, and be subject to a potential year in jail and a $5000 fine.           
On the other hand, a 17-year-old who committed a burglary and                  
stole jewelry worth $10,000 would be prosecuted as a juvenile and              
would not receive a permanent criminal record.  Treating a child               
who commits a misdemeanor more harshly than a teenager who                     
commits a felony is illogical.                                                 
                                                                               
Joyriding is a potentially dangerous offense, and its impact on                
victims must be taken seriously.  However, we need a more                      
comprehensive and uniform response to the problem than is taken in             
this bill.                                                                     
                                                                               
Despite its flaws, this bill reflects a sentiment, which I share, that         
Alaska's juvenile justice system is not working well.  The juvenile            
code is outdated, and does not deal effectively with crimes                    
committed by juveniles.  Because we clearly need a comprehensive               
rewrite of the juvenile code that imposes meaningful penalties on              
juvenile offenders, several months ago I directed prosecutors and              
children's lawyers in the Department of Law to work with the                   
Departments of Public Safety and Health and Social Services to                 
revise and strengthen the juvenile code.  This project is already              
underway.  When the Departments have completed their initial draft             
of a new juvenile code, including recommendations on joyriding,  I             
will ask members of the public to actively participate in developing           
the bill that I will ultimately submit to the Legislature.                     
                                                                               

1995-06-26                     Senate Journal                      Page 1945
SB 14                                                                        
I also vetoed CS for SB 14 (JUD) because the Legislature failed to             
fully fund the fiscal notes accompanying the bill.  Despite testimony          
by the departments that CS for SB 14 (JUD) would cost $337.7 to                
implement, the Legislature only appropriated $149.5 for this purpose.          
We cannot continue to increase the responsibilities of the juvenile            
justice system without providing adequate funding to the agencies              
that are expected to carry out those responsibilities.                         
                                                                               
I look forward to working with the sponsor and co-sponsors of CS               
for SB 14 (JUD) to revise and adequately fund Alaska's juvenile                
justice system to deal effectively with the challenges presented by            
today's delinquent young people.                                               
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Tony Knowles                                                             
						Governor