01/19/1994 01:36 PM House FIN

  SENATE BILL NO. 19                                                           
                                                                               
       "An Act relating to the crime of conspiracy."                           
                                                                               
  Representative Grussendorf expressed concern that the fiscal                 
  impact note by the Alaska Court System was reduced to zero.                  
                                                                               
  Representative Brown provided members with Amendment 1 (copy                 
  on file).   She  explained  that Amendment  1 would  prevent                 
  defendants  from  being  convicted  for  the crime  and  the                 
  conspiracy of the crime.                                                     
                                                                               
  DEAN GUANELI,  CHIEF ASSISTANT  ATTORNEY, DEPARTMENT  OF LAW                 
  spoke in opposition  to Amendment  1.  He  pointed out  that                 
  conspiracy  is  a  separate  crime.     He  emphasized  that                 
  prosecutors  may  only be  able to  get  a conviction  for a                 
  separate  lesser  charge,  although  strong  evidence  of  a                 
  conspiracy  exists.     He  added  that  if   a  defendant's                 
  conviction is overturned on appeal there would be no penalty                 
  unless a second conviction exists.                                           
                                                                               
  Mr.  Guaneli  pointed  out  that  conspiracy  would  not  be                 
  subjected to mandatory consecutive sentencing.                               
                                                                               
  (Tape Change, HFC 94-7, Side 2)                                              
                                                                               
  SENATOR  DONELY noted  that charges could  be stacked.   Mr.                 
  Guaneli  acknowledged   that  the   judicial  process   will                 
  determine the interpretation of the  sentencing for multiple                 
  count convictions including  conspiracy.  He noted  that the                 
  Court   of  Appeals  prevents   excessive  sentencing.    He                 
  continued to discuss consecutive sentencing practices.                       
                                                                               
  Representative   Brown   MOVED   to   ADOPT   AMENDMENT   1.                 
  Representative Hanley OBJECTED.  A roll call  vote was taken                 
  on the motion.                                                               
                                                                               
  IN FAVOR: Brown, Hoffman                                                     
  OPPOSED:  Foster,  Grussendorf,  Hanley,   Martin,  Navarre,                 
                                                                               
                                6                                              
                                                                               
                                                                               
  Parnell,       Therriault, Larson, MacLean                                   
                                                                               
  Representative Martin was not present for the vote.                          
                                                                               
  The MOTION FAILED (2-8).                                                     
                                                                               
  Representative Brown provided members with Amendment 2 (copy                 
  on file).                                                                    
                                                                               
  Representative  Brown  explained  that   Amendment  2  would                 
  provide  that the  prosecution would  have to  prove that  a                 
  defendant communicated their agreement to others involved in                 
  the  conspiracy.    She  observed  that, under  the  current                 
  legislation, guilt could be inferred through  circumstances.                 
                                                                               
                                                                               
  Mr. Guaneli spoke against Amendment 2.   He pointed out that                 
  it is difficult  to prove  what words were  spoken when  the                 
  action takes place in secret.                                                
                                                                               
  Representative Hanley  expressed concern that  the amendment                 
  would weaken the legislation.                                                
                                                                               
  Senator Donely interjected  that a defendant could  be found                 
  to  agree  if  they  do  not  actively  disagree.    Members                 
  expressed  concern that  an  individual's  failure to  share                 
  knowledge of a crime, due to  fear of personal injury, would                 
  be interpreted as an agreement.                                              
                                                                               
  BRANT MCGEE, DIRECTOR, OFFICE OF PUBLIC ADVOCACY, DEPARTMENT                 
  OF ADMINISTRATION testified  via the teleconference  network                 
  from  Anchorage.   He suggested  that "agree" be  changed to                 
  "communicate  agreement."   Mr. Guaneli  estimated that  the                 
  change suggested by Mr.  McGee would probably have  the same                 
  effect as Amendment 2.                                                       
                                                                               
  Mr. Guaneli assured members that  a defendants mere presence                 
  during contemplation of  a crime would not  be sufficient to                 
  obtain a conviction.                                                         
                                                                               
  Representative   Brown   MOVED   to   ADOPT   AMENDMENT   2.                 
  Representative Hanley OBJECTED.  A  roll call vote was taken                 
  on the motion to ADOPT AMENDMENT 2.                                          
                                                                               
  IN FAVOR: Brown, Hoffman, Grussendorf, Navarre, MacLean                      
  OPPOSED:  Foster,  Hanley,   Martin,  Parnell,   Therriault,                 
  Larson                                                                       
                                                                               
  The MOTION FAILED (5-6).                                                     
                                                                               
  HCS  CSSB  19 (FIN)am  was  HELD  in Committee  for  further                 
  discussion.                                                                  
                                                                               
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