Legislature(1993 - 1994)

03/10/1993 01:12 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HOUSE BILL NO. 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  Brown asked  what would  be accomplished  by                 
  extending the parole requirement.                                            
                                                                               
  REPRESENTATIVE  TOOHEY  stated  that  the  extended   parole                 
  requirement will  help to  keep perpetrators  in line.   The                 
  original proposal was 5 to 99 years.                                         
                                                                               
  Representative  Parnell  asked  if  other  crimes  would  be                 
  impacted.   Representative Toohey clarified  that all crimes                 
  with a five year probation period would be brought up to ten                 
  years.  Representative Brown noted  that the legislation has                 
  been broadened  to cover all crimes.   She expressed concern                 
  that the zero fiscal note is inadequate.                                     
                                                                               
  MARGOT KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW explained                 
                                                                               
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  that  the  legislation  originally  addressed  the  stalking                 
  offense.    The  Department of  Law  expressed  concern that                 
  probation  for a  single offense  was dramatically  altered.                 
  She pointed out  that legislation  in the prior  legislative                 
  session  would  have  extended   probation  for  all  felony                 
  offenses  to  ten  years.    The House  Judiciary  Committee                 
  incorporated the legislation to extend  the probation period                 
  for all  felony offenses into HB 64.   She asserted that the                 
  fiscal  cost  will be  minimal  due  to the  fact  that most                 
  probation  violations  are new  crimes.   She  stressed that                 
  offenders  would  be  returned  to   jail  via  a  probation                 
  revocation rather than through a new prosecution.  Probation                 
  revocation proceedings  are  faster  and  less  costly  than                 
  prosecution proceedings.                                                     
                                                                               
  Representative Brown emphasized  that because the  potential                 
  time that  an offender could  have their  parole revoked  is                 
  extended there  would  be an  impact  on the  department  of                 
  Corrections.                                                                 
                                                                               
  JOHN SALEMI, DIRECTOR,  PUBLIC DEFENDERS AGENCY (PD)  stated                 
  that  the  parole  extension  will  result in  an  increased                 
  caseload.  He  disagreed with Ms.  Knuth.  He stressed  that                 
  most probation  revocations are due to  technical violations                 
  such  as  failure  to  appear  for meetings  with  probation                 
  officers, failing to comply  with rehabilitation programs or                 
  change  of  residence or  employment  without approval.   He                 
  added  that  probation   officers  feel  they  must   report                 
  technical violations  because of  civil liability  concerns.                 
  He expected a number of new cases would be filed as a result                 
  of the  parole extension.  He disagreed  with the Department                 
  of Corrections's assumption  that the impact would  be zero.                 
  The PD is asking for two paralegal assistants.                               
                                                                               
  Representative Brown observed that the fiscal note submitted                 
  by  the  Public  Defenders Agency  suggests  that  the anti-                 
  stalking  provision may be  susceptible to  a constitutional                 
  challenge.   Mr. Salemi stated  that the sponsor  has worked                 
  with the  Department of  Law to  address the  constitutional                 
  challenge.                                                                   
                                                                               
  Representative Brown asked  if the  probation extension  was                 
  limited to the  anti-stalking provision  if the fiscal  note                 
  would be  lower.   Mr. Salemi  stated that  if the  original                 
  probation provision  was reinstated  that the  fiscal impact                 
  would be minimal.  He stated that there would be no need for                 
  a fiscal impact note.                                                        
                                                                               
  Representative Toohey  offered Amendment  1 (Attachment  6).                 
  She observed that  the amendment would return  the probation                 
  period to five years.                                                        
                                                                               
                                                                               
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  Representative   Brown   MOVED   to   adopt   Amendment   1.                 
  Representative Martin  OBJECTED for  purpose of  discussion.                 
  He  asked  for  clarification  of  the  amendment's  effect.                 
  Representative  Toohey  clarified  that   the  deletions  in                 
  Amendment 1 would return current law.                                        
                                                                               
  Co-Chair Larson reiterated the motion  to adopt Amendment 1.                 
  There being NO OBJECTION, Amendment 1 was adopted.                           
                                                                               
  Representative Foster asked if a person sitting in a car all                 
  day long near  to the victims  place of employment would  be                 
  considered "stalking."   Ms. Knuth emphasized that  in order                 
  for an offense to be committed  the defendant must place the                 
  person  in fear of  death or physical  injury.  She  did not                 
  think the example given would be an offense.                                 
                                                                               
  Representative Brown  MOVED to report  CSHB 64 (FIN)  out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  (Tape Change, HFC 93-44, Side 1)                                             
                                                                               
  Representative Navarre questioned  if the creation of  a new                 
  law as proposed in  Amendment 1 would have fiscal  impact on                 
  the Public Defender Agency.                                                  
                                                                               
  Mr. Salemi clarified  that the impact  will be minimal.   He                 
  stated that it would be difficult to quantify.                               
                                                                               
  Representative Navarre WITHDREW HIS OBJECTION.                               
                                                                               
  Representative Parnell referred to page  2, line 23, CSHB 64                 
  (JUD).  He asked if it is the intent that the victim be held                 
  in reasonable fear of death.                                                 
                                                                               
  Ms. Knuth  answered  that  line 23  refers  to  the  victims                 
  subjective  fear.  She added that there  must be a basis for                 
  the fear in  reality.  She  noted that since stalking  often                 
  results  from a  prior relationship it  is possible  for the                 
  perpetuator  to  have  an  inside  knowledge  of  what  will                 
  frighten the victim.                                                         
                                                                               
  Representative Parnell asked  Mr. Salemi  to expound on  the                 
  definition of "in fear  of death".  Mr. Salemi  replied that                 
  the  fear must be reasonable.   He stated that the course of                 
  conduct issue may  be a larger issue.  He did not think that                 
  constitutional problems would arise.                                         
                                                                               
  In response to  a question from Representative  Parnell, Ms.                 
  Knuth explained that  the fear of death  element is included                 
  in existing assault statutes.                                                
                                                                               
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  Co-Chair Larson reiterated the motion  to MOVE CSHB 64 (FIN)                 
  out of  Committee with  individual recommendations  and with                 
  the accompanying fiscal notes.  There being NO OBJECTION, it                 
  was so ordered.                                                              
                                                                               
  CSHB 64 (FIN) was reported out of Committee with a "do pass"                 
  recommendation  and  with  two  zero  fiscal  notes  by  the                 
  Department  of Administration and with a zero fiscal note by                 
  the Department of Corrections and with a zero fiscal note by                 
  the Department  of Public  Safety, dated  3/1/93 and  with a                 
  zero fiscal note by the Department of Law, dated 3/1/93.                     

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