03/20/1995 01:34 PM Senate JUD

 SJUD - 3/20/95                                                                
               HB 9 DAMAGE TO PROPERTY BY MINORS                              
                                                                              
 Number 486                                                                    
 REPRESENTATIVE THERRIAULT, sponsor of HB 9, testified before the              
 committee.  He read a sponsor statement into the record.  HB 9 is             
 a victims' rights bill, which encourages parents to accept                    
 responsibility for damages caused by juveniles and to provide                 
 recourse for victims who have lost property.  It is based on the              
 principle that the person having custody of the juvenile who has              
 caused the damage is monetarily responsible for the loss.  HB 9               
 increases the amount the victim may recover from $2,000 to $10,000.           
                                                                               
 REPRESENTATIVE THERRIAULT explained changes made by the House                 
 Judiciary Committee.  The words "as the result of knowing or                  
 intentional act," were added to limit liability to damages that               
 were caused purposely, but also includes unintentional damages that           
 might be caused as the result of the intentional act.  That                   
 language would cover damages resulting from a situation in which a            
 person breaks into a home in the winter to steal a television by              
 breaking a window to gain entry, causing additional damage                    
 sustained as a result of the broken window, i.e. frozen pipes.  The           
 House Judiciary committee substitute added a new section to                   
 incorporate the intent of HB 36.  It updates the permanent fund               
 dividend law to permit the taking of part, or all, of the dividend            
 to satisfy judgement.  It increases the amount that can be                    
 recovered from the minor's permanent fund dividend for injury or              
 damage caused by the minor from $2,000 to $10,000 to maintain the             
 parallel recovery provisions.                                                 
                                                                               
 REPRESENTATIVE THERRIAULT noted the House Finance Committee further           
 revised HB 9 to include a provision that relieves the legal                   
 custodian from liability in a runaway situation, when the runaway             
 report is filed by a parent before the damage occurs.                         
                                                                               
 REPRESENTATIVE THERRIAULT reviewed the history of this measure.  A            
 similar bill was acted upon by the Senate Rules Committee during              
 the last session.  The Senate Rules Committee added a provision               
 allowing the parent to mitigate the liability by showing that they            
 had taken action to try and control their child.  He was not                  
 opposed to such an amendment, and stated he preferred that language           
 to the blanket provision relieving the parent from liability by               
 declaring the child a runaway.                                                
                                                                               
 Number 500                                                                    
                                                                               
 SENATOR TAYLOR referred to page 2, and commented that the                     
 roadblocks placed in front of recovery in existing statute have               
 probably resulted in no one ever bringing a writ of execution.  He            
 cited the attachment of a permanent fund dividend provision on                
 lines 23 through 28.  Before an execution can be made on the                  
 dividend, a judgement is required, and the crime must be defined as           
 a crime against a person that injured the plaintiff, and for which            
 the minor was adjudicated a delinquent, or convicted as an adult.             
 He commented if the Department of Health and Social Services                  
 chooses not to follow through with the petition and actually have             
 a decree rendered, which is normal procedure, often the juvenile              
 will plea out and enter into something short of an adjudication               
 making a declaration of delinquency, which takes a severe offense.            
 He explained under the provisions in CSHB 9(FIN) the victim would             
 have to be injured by the juvenile and all of the state agencies              
 would have to follow through with their procedures before the                 
 victim could sue for the amount of $2,000.                                    
                                                                               
 REPRESENTATIVE THERRIAULT clarified the amount of damages one could           
 sue for is not capped at $2,000; that is the cap on the dividend              
 amount.  SENATOR TAYLOR felt the hurdles created by the measure               
 would discourage anyone from seeking restitution.  REPRESENTATIVE             
 THERRIAULT stated he was amenable to using the bill to change                 
 existing statutory language.  SENATOR TAYLOR suggested ending                 
 Subsection (A) of Section 3 on line 22.                                       
                                                                               
 Number 570                                                                    
                                                                               
 MARGOT KNUTH, assistant attorney general with the Criminal Division           
 of the Department of Law, commented CSHB 9(FIN) is consistent with            
 one of the Governor's crime bills which increases opportunities for           
 restitution by juveniles and their parents, therefore she assumed             
 the Administration would support the measure.                                 
                                                                               
 SENATOR TAYLOR cited the provisions for recovery on page 2, and               
 reiterated that they were too restrictive to be useful.  MS. KNUTH            
 replied it is the civil division rather than the criminal division            
 that works with juveniles, therefore she could not provide a                  
 definitive answer, but she did not feel the provisions were                   
 onerous.                                                                      
                                                                               
 TAPE 95-13, SIDE B                                                            
                                                                               
 SENATOR TAYLOR discussed the Fairbanks school system damage, and              
 stated no money from permanent fund dividends could be collected              
 according to the provisions in this measure.  MS. KNUTH agreed, in            
 the case of a separate civil action brought with respect to that              
 incident.  She noted the Governor's crime bill would allow                    
 restitution in this situation as part of a delinquency                        
 adjudication.                                                                 
                                                                               
 SENATOR TAYLOR noted line 26 contains the word "or."                          
 REPRESENTATIVE THERRIAULT explained that requires the plaintiff to            
 jump through less hoops.                                                      
                                                                               
 SENATOR GREEN asked if child support and other payments must be               
 made before restitution.  MS. KNUTH agreed, and stated child                  
 support is the number one obligation that must be fulfilled before            
 anything else.  Court ordered restitution would be the second                 
 obligation.  SENATOR TAYLOR stated once restitution has been                  
 defined, the greater qualifier would be applicable.  This                     
 restitution standard would apply to all people who receive a                  
 permanent fund dividend, and as a result the court could order                
 restitution under any of the provisions, but Subsection (A) states            
 damages can be covered under civil action if injury occurs, and to            
 cover property damage.                                                        
                                                                               
 SENATOR ELLIS asked if the Governor's bill would be before the                
 committee in the near future.  SENATOR TAYLOR replied affirmatively           
 but it is still in the House.  He commented he would like to                  
 further consider Subsection (A) and its possible deletion, and hold           
 it over until Wednesday.                                                      
                                                                               
 REPRESENTATIVE THERRIAULT clarified that any judgement made under             
 this bill would have to account for the parent's financial                    
 situation, therefore no one would end up bankrupted by the bill.              
 SENATOR TAYLOR added an individual has to earn over $34,000 per               
 year before an execution can be made on their wages.