Legislature(1999 - 2000)
05/10/1999 01:45 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 3
An Act relating to the crimes of murder, solicitation
to commit murder in the first degree, manslaughter, and
criminally negligent homicide; relating to homicides of
children; and relating to the crime of interference
with custody of a child or incompetent person.
JULI LUCKY, STAFF, SENATOR RICK HALFORD, explained the
intent of SB 3 and the changes that it would incorporate
into criminal statute. She pointed out that last year SB 3
came through as SB 218. The current version would:
* Add a new form of first degree murder when the
death of a child results from the commission or
attempted commission of kidnapping or sexual
offense;
* Expands the list of offenses constituting felony
murder to include sexual abuse of a minor in the
first and second degrees;
* Adds a new form of second degree murder when a
person causes the death of a child with criminal
negligence and has a previous felony conviction
against a child;
* Elevates criminally negligent homicide from a
class C to a class B felony;
* Establishes a twenty year mandatory minimum
sentence for a person convicted of a murder of a
child under the age of sixteen;
* Increases the mandatory minimum sentence for
manslaughter, when the victim is a child under the
age of sixteen;
* Establishes a new sentencing provision, which
allows for a term of unsuspended imprisonment that
exceeds the presumptive term for certain felony
offenses if the victim is a child under the age of
16;
* Expands the crime of custodial interference in the
first degree to include the act of keeping a child
or incompetent person outside of the State;
* Clarifies language in the sex offender registry;
and
* Elevates solicitation of murder to an unclassified
felony.
Ms. Lucky emphasized that children deserve a responsible
level of care when they are entrusted to an adult. SB 3
would accomplish both the goal of deterrence and at the same
time would establish punishment more fitting for such crime.
Ms. Lucky provided a sectional analysis of changes made in
the House Judiciary Committee version:
Section 1- States the purpose of Section 15.
Section 2- Increases the penalty for the crime of
solicitation of first degree murder from a class A
felony to an unclassified felony.
Section 3- Simplifies the language and expands the range
of conduct constituting that particular form of first-
degree murder. It would create a new form of first
degree murder when the death of a child results from
the commission or attempted commission of kidnapping or
a sexual offense.
Section 4- Expands the list of offenses constituting
felony murder to include sexual abuse of a minor in the
first and second degrees and makes causing the death of
a child with criminal negligence a form of second
degree murder if there is a previous conviction.
Section 5- Increases the penalty for criminally
negligent homicide from a class C to a class B felony.
Section 6- Expands the definition of custodial
interference to include keeping a child or incompetent
person outside of the State.
Section 7 & 8-Adds solicitation to commit murder in the
first degree and conspiracy to commit murder in the
first degree to the listing of unclassified offenses
and unclassified felonies.
Section 9- Establishes a mandatory 20 year minimum
sentence for the murder of a child under 16 years of
age, providing the assailant was a legal guardian,
occupied a position of authority, or caused the death
of the child by committing a crime against a person.
Section 10-Increases the presumptive penalty for child
manslaughter from 5 to 7 years.
Section 11-Allows the courts to sentence a first felony
offender convicted of criminally negligent homicide of
a child under 16 years of age to a longer sentence than
the presumptive sentence for a second or third felony
offender convicted of the same crime.
Sections 12, 13 & 14-Adds sections to the definition of
aggravated sex offense in the definition sections of
the sex offender registration statutes.
Section 15-Clarifies that the definition for
"conviction" in the Sex Offender Registry Statutes.
Sections 16 & 17- Bifurcates applicability of the act.
Section 18-Definition for conviction in the sex
offender registry statutes applies to convictions that
occurred before, on or after the effective date.
Section 19-Immediate effective date.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, CRIMINAL
DIVISION, DEPARTMENT OF LAW, noted that the Department of
Law supports the legislation. He advised that portions of
the bill were part of HB 375 sponsored by the Governor last
year. The provisions had been struck from the Governor's
bill and were then placed in a separate Senate bill which
did not pass.
Mr. Guaneli advised that that there is a perception that
some homicide crimes committed against children are not
treated as seriously as homicide committed against adults.
That is the primary basis for the bill.
BARBARA BRINK, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
ALASKA PUBLIC DEFENDER AGENCY, ANCHORAGE, commented that the
law already recognizes that the death of a child is a
significant event. In statutes passed by the Legislature,
there is a stipulation called an "aggravating factor"
indicating vulnerable victims including children.
Ms. Brink pointed out that Alaska has a clearly defined
system of homicide statutes that determines what level of
responsibility a person should be held accountable for,
based on their mental condition at the time of the crime.
She believed that the proposed legislation could be
dangerous as it would create a special category for offenses
based simply upon the status of the victim.
Ms. Brink addressed specific provisions and concerns of the
proposed bill. Section 5 would make criminal negligent
homicide a class B felony, which currently, it is a class C
felony, which means if a careless act were committed
resulting in a death, the proposed legislation would change
the amount of time that the person would be required to
serve. If it were the intent to create additional degree of
homicide, that would make sense. She observed that there
are situations in which someone has acted negligently and
that it would not be appropriate to charge them with a class
B felony. That could result in a ten-year prison sentence.
Additionally, Ms. Brink pointed out that Section 5 speaks to
"any death", not just the death of a child.
Ms. Brink continued, Section 15 would change the definition
of conviction. The intention of the provision would be to
enlarge that group which occupies the sex offender
registration laws. She stated that change could have
serious constitutional and protection problems.
Mr. Guaneli spoke in response to the concerns voiced by Ms.
Brink on Section 5. He noted that there is a "gap" in State
law, indicating that it is not a fair characterization that
would be "careless" killing. The legislation would increase
the criminal negligent homicide class to a B felony to fill
the middle category. He advised that the class C felony
would be the same penalty for stealing a $500 dollar
television. That gap needs to be addressed.
Representative J. Davies asked if there were examples of
criminally negligent homicides that should remain class C
felonies. Mr. Guaneli replied that criminally negligent
homicide is not a common occurrence. The "shaking of a
baby" to death would be an instance. He reiterated that
there are homicides which fall under unusual circumstances.
In response to Representative J. Davies, Mr. Guaneli
explained the difference between the penalties for class C
versus class B charges. A class C felony would be 0 - 5
prison years and a class B felony could be 0 - 10 prison
years. The average sentence that someone serves for a class
C felony is roughly six months to one year; the average
sentence served for a class B felony is 1 to 3 year for a
first time offender.
Mr. Guaneli advised that "other" provisions on Page 3 would
establish sentencing for criminal negligence and reckless
killings of young children where there existed a previous
incidence, which would elevates it to a 2nd degree murder
charge. Section 5 is a stand-alone provision and relates to
all other criminally negligent homicides.
Co-Chair Therriault MOVED to adopt Amendment #1. [Copy on
File]. He commented that the amendment would provide
clarification of language on Page 2, Line 27. There being
NO OBJECTION, it was adopted.
Representative Foster MOVED to report HCS CS SB 3 (FIN) out
of Committee with individual recommendations and with the
accompanying fiscal notes.
HCS CS SB 3 (FIN) was reported out of Committee with a "do
pass" recommendation and with fiscal notes by Department of
Corrections, two by the Department of Administration dated
1/25/99 and a zero note by the Department of Law dated
1/25/99.
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