Legislature(2005 - 2006)
04/04/2005 02:55 PM House FIN
Audio | Topic |
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Start | |
HB229 | |
HB132 | |
HB41 | |
HB16 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 41 An Act relating to minimum periods of imprisonment for the crime of assault in the fourth degree committed against an employee of an elementary, junior high, or secondary school who was engaged in the performance of school duties at the time of the assault. Vice-Chair Stoltze MOVED to ADOPT work draft #24-LS0307\F, Luckhaupt, 3/22/05, as the version of the bill before the Committee. There being NO OBJECTION, it was adopted. REPRESENTATIVE BOB LYNN, SPONSOR, pointed out that State Statute provides for specific terms of imprisonment for crimes committed against certain public employees, such as peace officers, firefighters, etc., in the performance of their official duties. He thought that school employees who work with children deserve the same level of respect and protection under the law. HB 41 would revise sentencing guidelines so that an individual convicted as an adult of assault on a school employee while on school grounds, on a school bus, at a school-sponsored event, or in the administrative office of a school district, would receive a mandatory minimum term of imprisonment, which would be similar to that imposed upon an individual who assaults a peace officer, fire fighter, correctional employee, emergency medical technician, paramedic, ambulance attendance or other emergency responder engaged in the performance of official duties at the time of the offense. Representative Lynn summarized that schools must be safe for teachers and other school employees, as well as for the children. The bill provides a step toward that safety and sends a message to anyone who might consider assaulting a school employee. He urged support for HB 41. 3:50:28 PM ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW, offered to answer questions of the Committee. She advised that the Administration does supports the bill. Vice-Chair Stoltze asked how the legislation compared to previous legislation on crimes against teachers. Ms. Carpeneti responded that HB 88 applied to felony offenses. That bill had a waiver for juveniles, who were 16 or 17 years old with very serious weapon offenses. HB 41 addresses sentencing for misdemeanors. HB 88 and HB 41 together do not conflict with one another. Co-Chair Meyer inquired if volunteer parents had been addressed in the legislation. Representative Lynn replied that the bill includes bus drivers but not volunteer parents. 3:52:43 PM Co-Chair Meyer worried that calling them "contract employees" would create legal ramifications associated with retirement. Ms. Carpeneti advised that the committee substitute does not call them contract employees but rather contract bus drivers. 3:53:18 PM Co-Chair Meyer reiterated his concern that the bill's language treated contracting employees as if they were State employees. 3:53:32 PM Representative Kelly asked about the existing language for peace officers and school district employees. Ms. Carpeneti replied that peace officers and other people would be protected under D(1), which would provide a th mandatory minimum return for 4 degree assaults that cause physical injury or put a person in fear. That language provides a mandatory minimum of 60-days. Both involve physical injury to the victim. Paragraph (D) provides for a mandatory minimum of 30-days if the victim is placed in fear. The new provision for school employees and others covered under those provisions, adopts a mandatory provision of 60-days. There is no mandatory minimum for school employees who are put in fear. 3:55:22 PM Representative Hawker discussed that there are two categories of employees addressed. He mentioned similarities involving hate crime legislation. He commented that the legislation would be singling out two categories of employees who deserve special consideration and asked why other employees such as court system workers, do not receive special consideration. Representative Lynn recommended that could be the subject of another bill at a different time. He indicated he wanted to limit this legislation to only school employees. He added that an assault against any teacher would be the equivalent of an assault against a parent and that the legislation is not an assault between two private parties but rather an individual and the government. Representative Hawker reiterated concern regarding why all public employees will not deserving public protection. Representative Lynn thought that teachers are in a particularly vulnerable position. 3:57:51 PM Representative Hawker inquired if the legislation should be extended to other situations involving youth offenders such as Covenant House employees. Representative Lynn responded that a school is a government institution; whereas, the other is a private entity. Co-Chair Meyer clarified that HB 41 resulted from problems that occurred at some schools. Vice-Chair Stoltze inquired if the bill would apply to private schools. Ms. Carpeneti opined that it does. Vice-Chair Stoltze inquired about the current penalties for assault on school employees. Ms. Carpeneti related that many of these offenders have served serious sentences. 4:01:35 PM TIP STEELE, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE SCHOOL BOARD, ANCHORAGE, related that the Anchorage School District does support HB 41. He said that the bill refers to adults and not students assaulting teachers. He related an example of a teacher being attacked in front of the students. In the example, the courts were supportive. He hoped that implementation of the legislation could keep schools safer. 4:05:01 PM Co-Chair Meyer closed public testimony. Representative Kelly referred to Representative Hawker's previous statements about hate crimes. He expressed doubts about the bill. Vice-Chair Stoltze pointed out that a person could not legally carry a concealed weapon into a bar. He asked Representative Lynn about testimony from other school districts. Representative Hawker termed it "putting sideboards up to protect our employees". Vice-Chair Stoltze mentioned that there have been a number of high profile cases lately. Representative Lynn added that it makes no difference if it is an urban or rural school. A problem exists and it has become a national concern. 4:09:58 PM Representative Weyhrauch MOVED to adopt Amendment 1. (Copy on File). Vice-Chair Stoltze objected for discussion purposes. Representative Weyhrauch explained that the bill does not allow for any mitigating factors. The amendment allows a court to determine if any of the factors in the statues apply. For example, if duress was involved, it should be considered. Additionally, he believed that there would be an indeterminate fiscal note rather than a zero. Co-Chair Meyer speculated that the occurrences would not happen often, which is why the note is zero. He asked if there were examples of someone hitting a teacher. Representative Weyhrauch gave an example of a person who throws someone into another person that hits a teacher. He emphasized that mitigating factors must be considered in order to be consistent. Co-Chair Meyer asked if he would suggest mitigating sentences for Peace Officers also. Representative Weyhrauch replied that it could apply. Co-Chair Meyer acknowledged that the amendment could provide more flexibility for the judge. 4:15:48 PM Representative Holm voiced concern regarding why the Committee was discussing assault 4 rather than assault 3. He asked where that line rests. Representative Lynn commented that his intent was to remove the flexibility from the judicial system and make it mandatory. He added that he would be satisfied with what the Committee decides. Ms. Carpeneti explained the difference between assault in thrdth the 4 degree and in the 3 degree. She noted that the 4 degree is a Class A misdemeanor. Any assault higher than that is a felony. The bill provides a legislative conclusion that it is important to have a safe environment in schools, more so than in bars and restaurants and that teachers need to be protected. The bill applies to assault th in 4 degree, where there is physical harm. 4:20:06 PM Representative Weyhrauch responded that could create an "interesting hierarchy". He stated that he is in favor of the bill, but stressed that there are situations in which the court should be able to mitigate. He noted that he was not opposed to a 60-day minimum sentence but that the judge needs mitigating ability. 4:22:28 PM Co-Chair Meyer suggested that the amendment would not take away from the intent of the bill. Vice-Chair Stoltze WITHDREW his OBJECTION. There being NO further OBJECTIONS, Amendment #1 was adopted. 4:23:33 PM Representative Foster referenced on the sentence regarding assault on a school employee. He noted that in Nome, a Peace Officer killed a member of the community without good reason. He worried about situations in which the bill could be harmful to the non-guilty person. Ms. Carpeneti requested to help draft the amendment. She noted that whenever there are sentencing issues, it is important to be clear whose burden of proof it will be. Representative Weyhrauch understood that the intent of proof would be on the defendant. 4:26:41 PM Co-Chair Meyer acknowledged the concerns voiced by Representative Foster. Representative Hawker thought that everyone would be in support of the bill; however, warned about creating a "privileged class" within communities. Co-Chair Meyer agreed. Representative Foster MOVED to report CS HB 41 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 41 (FIN) was reported out of Committee with a "no recommendation" and with a new zero note by the Department of Public Safety, zero note #1 by the Department of Administration, zero note #2 by the Department of Corrections, and zero note #4 by Department of Law. 4:28:44 PM
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