Legislature(1993 - 1994)
01/19/1994 01:36 PM House FIN
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* first hearing in first committee of referral
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HOUSE BILL NO. 28
"An Act relating to the penalty for providing alcoholic
beverages to a person under the age of 21; and
providing for an effective date."
REPRESENTATIVE BILL WILLIAMS provided members with written
testimony in support of CSHB 28 (JUD) (copy on file). He
summarized his written remarks. He noted that CSHB 28 (JUD)
would make providing alcohol to a minor a class "C" felony
on the second offense, if the offender had been convicted
within the past five years.
MARGOT KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW expressed
concern that the legislation would not accomplish the
sponsor's desired goal as a deterrent. She pointed out that
the Superior Court has a busier docket than the District
Court. She estimated that the offense would receive greater
attention as a serious misdemeanor than as a less serious
felony.
Ms. Knuth emphasized that the legislation would result in
additional costs to the state. She pointed out that felony
charges would have to go before a grand jury and/or have a
preliminary hearing. She added that felony cases generally
result in supervision. She did not think that offenders of
the offense would warrant costly supervision.
Representative Parnell asked if the Superior Court could
delegate cases to the District Court. Ms. Knuth replied
that cases could not be heard by the District Court unless
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the charge was reduced to a misdemeanor. Ms. Knuth
preferred the revision made in the House Judiciary Committee
to the original legislation. House Bill 28 was amended in
the House Judiciary Committee to reduce the felony penalty
from the first to the second offense.
Representative Martin suggested that the legislation would
be a good deterrent.
Representative Brown asked if a parent could legally provide
alcohol to their own under age child. Ms. Knuth explained
that statutes that provide permission for a parent to allow
their child to consume alcohol would not be altered. The
right to consume alcohol in a religious ceremony would not
be effected. The legislation would only change the penalty
for existing crimes.
Ms. Knuth estimated that a superior court judge would issue
a lesser sentence than a district court judge because of the
seriousness of the offenses before their court.
Representative Williams emphasized that the "slap on the
wrist" approach is not effective. He asserted that a
stiffer penalty is needed.
In response to a question by Co-Chair MacLean, Ms. Knuth
explained that a bootlegger involved in providing alcohol to
a minor would have additional charges brought against them.
Representative Navarre asked if the legislation would affect
minors who provide alcohol to other minors. Ms. Knuth
explained that the age of majority would be 18 for the
offense. Minors under the age of 18 would be referred to
the Division of Family and Youth Services.
JEANNEANE HENRY, KETCHIKAN testified on behalf of the
legislation. She asserted that minors are not
psychologically prepared for the consumption of alcohol.
She strongly urged the Committee to adopt stronger penalties
for providing alcohol to minors.
Ms. Knuth interjected that the Department of Law feels that
alcohol consumption by minors is a serious problem. She
stressed the need for stronger enforcement of existing laws.
Representative Hoffman spoke in support of the legislation.
He felt that the penalty should match the crime. Ms. Knuth
reiterated that the Superior Court may not issue a stiffer
sentence.
Representative Brown questioned the zero fiscal note issued
by the Department of Law. Ms. Knuth emphasized that the
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Department of Law would try to do more with less.
On behalf of the sponsor, Representative Foster provided
members with Amendment 1 (copy on file). Representative
Williams explained that the amendment provides that if a
person dies or is seriously injured as a result of alcoholic
beverages furnished to a minor, the person who furnished the
alcohol would have committed a felony, even if it is a first
offense.
Representative Therriault expressed concern that the penalty
is based on the outcome of the act. He observed that the
intent of the defendant would not differ whether the minor
is injured or causes another to be injured.
(Tape Change, HFC 94-7, Side 1)
Representative Foster WITHDREW AMENDMENT 1.
In response to a question by Co-Chair MacLean, Ms. Knuth
described other non violent felony crimes.
Representative Foster MOVED to report CSHB 28 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 28 (JUD) was reported out of Committee with a "do pass"
recommendation and with a zero fiscal note by the Department
of Law; two zero fiscal notes by the Department of
Administration; and with a zero fiscal note by the
Department of Public Safety; a fiscal impact note by the
Department of Revenue; a fiscal impact note by the
Department of Corrections; a fiscal impact note by the
Alaska Court System.
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