Legislature(1995 - 1996)
03/17/1995 02:59 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SJUD - 3/17/95
SB 26 OFFENSES BY JUVENILE USING FIREARMS
SENATOR DONLEY, sponsor of SB 26, testified before the committee.
He stated in Anchorage there is a clear problem with juveniles
bringing guns to school. Progress has been made over the past
eight years in decreasing the problem, but police are concerned
about the fact that the penalty is not a significant deterrent as
offenders are treated through the juvenile process. SB 26 is aimed
at second-time firearm violation offenders, and would require them
to be waived into adult court.
Number 340
SENATOR DONLEY stated there are a lot of suspensions occurring in
Anchorage. He noted there is a new federal mandate relating to
firearm offenders in educational facilities. He explained SB 26
deals with all firearms violations, not only those at educational
facilities. He added that six years ago a law was passed which
made it illegal to have a firearm on school property, but because
the offenders are juveniles, the penalties are ineffective. Even
when students were expelled, they were allowed to re-enroll in
another school in the same school district after a certain period
of time.
Number 376
SENATOR ADAMS asked what the penalty would be for the second
offense. SENATOR DONLEY clarified it would depend on the crime.
The range would be huge, and would include a felony for armed
robbery. SENATOR TAYLOR asked what the penalty would be for
bringing a gun to school for the second time. SENATOR DONLEY
replied it is a misdemeanor.
Number 390
SENATOR GREEN noted that in conversations with judges, they have
expressed great frustration that serious offenses by juveniles
remain sealed. SENATOR DONLEY replied for a second offense, the
individual would be tried as an adult in court which is open to the
public.
Number 402
MARGOT KNUTH, assistant attorney general with the Department of
Law, testified. She noted Governor Knowles introduced HB 206 which
relates to juveniles and guns, and several other measures are
pending before the legislature on the same subject. She stated the
administration cannot support SB 26, which has an automatic waiver
for juveniles age 14 and over for a second weapon offense, for
several reasons. She stated the bill goes too far, too early. HB
206, the Governor's bill, expands the use it, lose it concept, so
that driving privileges would be revoked for offenses. According
to Shirley Warner of the Anchorage Police Department, the use it,
lose it approach has done more to curb alcohol use among juveniles,
and the same holds true in Juneau.
MS. KNUTH continued. Part of the problem is the dynamics of
offenders. It isn't the severity of the sanction that deters
people from committing crimes, but how much they believe they are
going to get caught, and whether the imposition of sanctions seems
realistic to them. Juveniles have difficulty believing they will
end up in jail for certain offenses, but they do believe they may
have their licenses revoked. She noted the state will lose $38
million in federal funds if, by October, a statute is not in place
that requires the expulsion of a student for a minimum of one year
for bringing guns on to school grounds. HB 28, sponsored by
Representative Bunde, attempts to do that. The question of what to
do with students that have been expelled needs to be addressed. HB
28 would also raise the level of the offense from a class B
misdemeanor to a class A misdemeanor. Under existing law, the
ability to petition for waiver of a juvenile exists, at any age,
when unamenability to treatment can be shown. It is not automatic,
but if the juvenile has committed a second offense, that argument
is feasible. For those reasons, Ms. Knuth asked the committee to
hold the bill.
Number 450
SENATOR ADAMS asked what the state's plan is for continuing the
education of a student who has been expelled from school. MS.
KNUTH replied that issue is currently being discussed.
SENATOR TAYLOR commented SB 26 does not provide for expulsion.
Number 458
SENATOR ELLIS asked if SB 26 were to become law, a 14 yr. old, who
brought a gun to school for the second time, would be waived into
adult court. He also asked where the sentence would be served.
MS. KNUTH responded the juvenile could not serve the sentence in
the same institution as an adult due to federal prohibitions. She
was not sure whether juveniles would serve the sentence at
McLaughlin or whether special wings exist in adult prisons.
SENATOR ELLIS noted McLaughlin is full, therefore they would most
likely be at overcrowded adult facilities but segregated from the
adult population. MS. KNUTH agreed.
SENATOR TAYLOR added a judge could also fine the offender and take
money from the individual's permanent fund dividend check, or
assign community work.
Number 472
KATHY TIBBLES, Director of the Division of Family and Youth
Services, testified in opposition to SB 26 primarily because of the
age range covered in the measure. She stated there are adolescents
who are increasingly difficult to deal with, but at age 14 the
opportunity to turn some juveniles around still exists. Existing
statutes allow juveniles to be waived to adult court for heinous
crimes which serves the purpose better than an automatic waiver,
particularly for children as young as 14.
Number 482
SENATOR TAYLOR stated no 14 year old would ever be impacted by SB
26 unless they had, at 13, committed the same offense. He
commented the bill only applies to recidivists. MS. TIBBLES
replied it is possible that an adolescent could be charged and
adjudicated at 13 or 14 years of age for taking a weapon to school,
or for shooting a stop sign. The second offense could be more
serious, perhaps a felony offense. She added the federal law
prohibiting transfer of a juvenile to an adult court starts at age
16. She thought it was possible that a 14 year old could end up in
an adult jail as a result of a conviction in adult court if waived.
She believed that would preclude any second chance available to try
to turn the adolescent around.
Number 499
SENATOR GREEN asked if a judge would be precluded at that point
from alternate sentencing. SENATOR TAYLOR responded no judge in the
state would be so naive to think he/she could place a 14 year old
into an adult facility.
Number 504
SENATOR DONLEY noted the administration recently supported a bill
in the Finance Committee that required a child of any age to go to
adult court for stealing a motor vehicle, for a first offense. He
reiterated a second time firearm offender is a greater public
safety threat than a person who commits a joyriding offense. He
felt the administration's position to be inconsistent.
Number 522
SENATOR GREEN suggested combining SB 26 with the "use it, lose it"
bill and Representative Bunde's bill.
SENATOR MILLER moved SB 26 out of committee with individual
recommendations. There being no objection, the motion carried.
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