03/09/1993 01:35 PM House FIN

  HB 64     An  Act  creating the  crimes  of stalking  in the                 
            first and second  degrees and providing  penalties                 
            for  their violation;  providing  a peace  officer                 
            with the authority  to arrest without a  warrant a                 
            person the peace  officer has reasonable  cause to                 
            believe has  committed stalking;  relating to  the                 
            release  before  trial  of  a  person  accused  of                 
            stalking;  and  prohibiting   the  suspension   of                 
            imposition of  sentence of  a person  convicted of                 
            stalking.                                                          
                                                                               
            HB  64   was  held   in   Committee  for   further                 
            discussion.                                                        
  HOUSE BILL 64                                                                
                                                                               
       "An Act  creating the crimes  of stalking in  the first                 
       and second  degrees and providing  penalties for  their                 
       violation; providing a peace officer with the authority                 
       to  arrest without a warrant a person the peace officer                 
       has reasonable cause to believe has committed stalking;                 
       relating  to  the  release  before  trial of  a  person                 
       accused of stalking; and prohibiting the  suspension of                 
       imposition  of  sentence  of   a  person  convicted  of                 
       stalking."                                                              
                                                                               
  REPRESENTATIVE  CYNTHIA  TOOHEY testified  that  FBI reports                 
  thirty  percent of female murder victims  in 1990 were slain                 
  by husbands or boyfriends.  Following a stalking death of an                 
  actress,  California  reacted  by  passing  the first  "anti                 
  stalking" law.  Thirty-one other  states have followed suit.                 
  These laws are the result  of stalking victims' frustrations                 
  with the current  inability of law enforcement  officials to                 
  intervene prior  to a victim being physically attacked.  One                 
  in  twenty  adults  will  be   stalked  in  their  lifetime,                 
  researchers say.                                                             
                                                                               
  HB 64 was modeled after the Michigan Law which was passed in                 
  1992.  It is supported by the Department of Law, the Council                 
  on Domestic Violence  and Sexual Assault, the  Department of                 
  Public  Safety, the  Homer and Anchorage  Police Departments                 
  and the Alaska Association of Chiefs of Police.                              
                                                                               
  Representative Navarre  asked  if violation  of a  temporary                 
  restraining  order  would  result  in  a  felony  charge  of                 
                                                                               
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  stalking.                                                                    
                                                                               
  MARGO KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW, testified                 
  violation of  a restraining order would meet  the element of                 
  stalking.                                                                    
                                                                               
  (Tape Change, HFC 93-42, Side 2).                                            
                                                                               
  Ms. Knuth  stated the  elements of the  stalking offense  is                 
  "knowingly  engaging  in  a course  of  conduct,  recklessly                 
  placing another person in fear of death or physical injury".                 
  The course of conduct is  based upon repeated non-consensual                 
  contact.                                                                     
                                                                               
  Representative Martin  asked the approximate number of cases                 
  per year would be filed.  Ms. Knuth expected that statewide,                 
  twelve cases per year would be filed and of those none would                 
  most  likely go to  trial.  Representative  Martin asked how                 
  many of  the twelve  cases would  be convicted.   Ms.  Knuth                 
  thought over half would be convicted.  Representative Martin                 
  noted his concern with added  probation costs that the  bill                 
  would incur.                                                                 
                                                                               
  MARCIA  MCKENZIE, COUNCIL  ON DOMESTIC  VIOLENCE AND  SEXUAL                 
  ASSAULT, (CDVSA) JUNEAU,  ALASKA testified in support  of HB
 and urged quick and prompt passage of the legislation.                    
                                                                               
  Representative  Brown  pointed  out  there would  be  fiscal                 
  impact by the Department of  Corrections.  Ms. Knuth replied                 
  probation revocation is based  on a new offense.   She added                 
  the convicted person  would be spending  the same amount  of                 
  time in  jail.   From the prosecutors  point of view,  it is                 
  easier  to  put   someone  back  in  jail   on  a  probation                 
  revocation.                                                                  
                                                                               
  SAM TRIVETTE, DIRECTOR  OF COMMUNITY CORRECTIONS, DEPARTMENT                 
  OF  CORRECTIONS,  stated   the  Department  of   Corrections                 
  provided a zero fiscal note because of experience based upon                 
  previous  probations  matters,  judges can  currently  place                 
  those  convicted on  probation for five  years.   Nearly all                 
  violations  occur   in   the   first   five   year   period.                 
  Representative Brown  disagreed and reiterated  her argument                 
  that there would be fiscal impact to that Department.                        
                                                                               
  Co-Chair Larson stated HB 64 would  be HELD in Committee for                 
  further discussion.