02/08/1995 01:30 PM Senate JUD

 SJUD-2/8/95                                                                   
                                                                               
           SB  14 INCREASED PENALTIES FOR JOYRIDING                          
                                                                               
 SENATOR TAYLOR announced SB 14 was the next item on the agenda.  At           
 his request, the Department of Law prepared an amendment to include           
 juveniles.  The amendment (Amendment #1) makes joyriding a moving             
 traffic violation therefore both adult and juvenile violators would           
 be treated the same.  SENATOR ELLIS asked if this provision would             
 trigger the new law that requires the mandatory waiver of juveniles           
 into adult court.  SENATOR TAYLOR answered no, currently juveniles            
 are tried in adult court for moving traffic violations, such as               
 speeding or driving in a negligent manner.  The amendment would               
 specifically designate joyriding as a moving traffic violation.               
                                                                               
 SENATOR TAYLOR moved the adoption of Amendment #1.  Due to                    
 objection, the motion was under discussion.                                   
                                                                               
 Number 470                                                                    
                                                                               
 Margot Knuth, Assistant Attorney General with the Department of               
 Law, testified.  She explained Amendment #1 would specify joyriding           
 as a criminal offense in Title 28.  Title 47.10.010 (the statute              
 governing juvenile proceedings) requires that juveniles committing            
 offenses listed in Title 28 be waived to adult court.  By creating            
 the offense in Title 28, juveniles over 16 years of age would be              
 tried as adults.  The offense would also be reflected in the                  
 offender's record.  Driving privileges could then be suspended.               
 The amendment reflects several concerns of the Department of Law.             
 The first concern is the fiscal impact of raising first joyriding             
 offenses to a felony level, especially if juveniles are included,             
 because the number of joyriding incidents has doubled in Anchorage            
 alone.  If first offenses are designated as felonies, the                     
 Department of Law would have to prosecute those cases because                 
 felonies can only be prosecuted by the State, therefore the cases             
 currently being handled by the Anchorage Municipality would be                
 transferred to the State.  To further increase the workload, the              
 juvenile offenders, which comprise 50 percent of the cases, would             
 also be referred to the Department of Law.  The number of new                 
 felony cases prosecuted by the Department would be 400 to 800 per             
 year.  Secondly, juveniles would not be affected by changing the              
 first offense to a felony, because delinquency rules require those            
 offenders be treated as juveniles and the offense would not be                
 reflected in their records.                                                   
                                                                               
 Ms. Knuth explained the amendment leaves criminal mischief offenses           
 where they are now, and adds to Title 28 the joyriding offense                
 which would be recorded as a first offense unless the offender                
 causes $500 or more in damages to the vehicle, which is currently             
 a felony.  The intent is to target the hundreds of cases in                   
 Anchorage in which cars are taken but either not damaged, or in               
 which damages cost less than $500.  By placing the offense in Title           
 28, it will remain a misdemeanor and can be prosecuted by                     
 municipalities and the State, and an offender's license would                 
 automatically be suspended upon conviction.  This method would be             
 enforceable on a consistent and thorough basis, and could be                  
 considered an incremental approach to the problem.                            
                                                                               
 Ms. Knuth noted she has been advised by Anchorage police officers             
 that license suspension is the single most effective means of                 
 getting a juvenile's attention.  By including this measure in Title           
 28, points from the offense would carry over to further license               
 actions if the person re-offends.                                             
                                                                               
 Number 526                                                                    
                                                                               
 SENATOR ADAMS noted the amendment allows the offense to be                    
 considered a Class C felony, which is punishable by a fine of up to           
 $50,000 or five years of prison.  He asked what other types of                
 crimes are categorized as Class C felonies.  MS. KNUTH stated this            
 amendment does not change a second offense to a Class C felony;               
 that is already in statute.  Other Class C felonies include                   
 possession of cocaine, theft of property valued at more than $500,            
 and reckless tampering with the pipeline.  She noted Senator                  
 Leman's original bill would have made a first occasion joyriding              
 offense a Class C felony and would elevate a second offense to a              
 Class B felony.  The amendment maintains first offenses as                    
 misdemeanors, but allows a Class C felony designation for the                 
 second offense.                                                               
                                                                               
 SENATOR ADAMS asked Ms. Knuth if she believed joyriding should be             
 classified with other Class C felonies.  MS. KNUTH replied she was            
 unaware of the Administration's position on the existing law that             
 makes joyriding a felony when it is a second offense.                         
                                                                               
 SENATOR ADAMS noted the fiscal note from the Alaska State Troopers            
 indicates there are 700 thefts per year, yet reflects no costs                
 associated with the passage of SB 14.  He questioned the                      
 underestimation of costs.                                                     
                                                                               
 SGT. JOE D'AMICO, Alaska State Troopers (AST), responded to Senator           
 Adams' concern.  He noted the Alaska State Troopers response to               
 vehicle thefts would not be affected by raising the offense to a              
 felony since the type and amount of investigations conducted by the           
 AST would not change.  He estimated the AST solves about two-                 
 sevenths of the reported cases.  Approximately half of the reported           
 cases are not treated as criminal mischief cases, usually because             
 of the juvenile factor.   If the offense is classified as a felony,           
 approximately 100 cases would be prosecuted, and the only                     
 difference would be a Grand Jury hearing which would have a                   
 negligible fiscal impact on the Alaska State Troopers.  He stated             
 of the 700 cases, 2 went to trial.                                            
                                                                               
 SENATOR ADAMS asked if the State would be required to prosecute the           
 cases in court if the offense is changed to a felony.  SGT. D'AMICO           
 replied affirmatively.  SENATOR ADAMS expressed doubt that the AST            
 would have sufficient funds to apprehend these offenders.  He                 
 questioned the need for a supplemental appropriation and the                  
 additional 8 positions requested by the Alaska State Troopers.                
 SGT. D'AMICO stated if the crime is changed from a misdemeanor to             
 a felony, the investigative responsibility would not shift from the           
 municipality to the Alaska State Troopers, therefore there would be           
 no fiscal impact.  The fiscal impact would occur in the agency                
 prosecuting the cases.                                                        
                                                                               
 TAPE 95-5, SIDE B                                                             
                                                                               
 SENATOR TAYLOR asked if there was further objection to the                    
 amendment.  SENATOR ADAMS maintained his objection.  A roll call              
 vote was taken with the following result:  Senators Green, Miller,            
 and Taylor voted "Yea" and Senators Ellis and Adams voted "Nay."              
                                                                               
 SENATOR MILLER moved SB 14 as amended out of committee with                   
 individual recommendations.  SENATOR ELLIS asked if the committee             
 would be receiving a revised fiscal note from the Court System.               
 SENATOR TAYLOR replied that would have to be presented to the                 
 Finance Committee.  SENATOR ELLIS expressed concern that the                  
 amendment makes a significant fiscal impact to the bill.                      
                                                                               
 Number 556                                                                    
                                                                               
 Ms. Knuth clarified the amended version is the less expensive                 
 version.  Elevating first offenses to felonies and including                  
 juveniles would have increased the costs significantly.  The                  
 approach taken by the committee in adopting the amendment is more             
 economical than any other approach considered by the committee.               
 The original fiscal notes are much closer to being accurate to the            
 amended version.                                                              
                                                                               
 SENATOR TAYLOR stated the motion before the committee was to move             
 SB 14 as amended from committee with individual recommendations.              
 SENATOR ADAMS objected.  A roll call vote was taken with the                  
 following results:  Senators Miller, Taylor and Green voted "Yea"             
 and Senators Ellis and Adams voted "Nay."  The motion passed.