Legislature(2005 - 2006)HOUSE FINANCE 519
04/11/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB123 | |
| HB71 | |
| HB219 | |
| HB91 | |
| HB109 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 109 | TELECONFERENCED | |
| + | HB 91 | TELECONFERENCED | |
| + | HB 219 | TELECONFERENCED | |
| + | HB 71 | TELECONFERENCED | |
| = | HB 123 | ||
HOUSE BILL NO. 219
"An Act relating to crimes and dangerous instruments."
3:04:19 PM
Representative Hawker, sponsor, explained that the idea for
the bill was brought to him by an expert forensics nurse,
Ms. Tara Henry. The crime of strangulation is currently
prosecuted as a misdemeanor. The bill would change that to
make strangulation a felony, a serious life-threatening
assault. The Department of Law, the Public Safety Employee
Association, police departments, the Alaska State Troopers,
the domestic violence prevention community, and the
forensics community support this bill. HB 219 has zero
fiscal impact notes, except for the Public Defender Agency
indeterminate note.
Vice-Chair Stoltze asked if the bill could adversely affect
a Good Samaritan or someone performing CPR. Representative
Hawker added that another possible concern is about a
strangling occurred in self-defense. He opined that the
bill does not compromise any other area within criminal law.
He shared a story about law enforcement training, which is
no longer allowed to use chokeholds.
Representative Kelly asked about this law as it applies in
other states. Representative Hawker noted that is a popular
issue in other states.
3:10:49 PM
TARA HENRY, SEXUAL ABUSE NURSE EXAMINER (SANE), ANCHORAGE,
(via teleconference) related that she is forensic nurse who
provides expert testimony on assaults, including
strangulation. Strangulation is commonly used in domestic
violence assaults. She explained the physics of
strangulation and the lack of visible symptoms. She urged
the passage of HB 219 so that these cases can be prosecuted
as felonies. She listed other states that have, or are in
the process of having, strangulation bills.
3:15:21 PM
Representative Croft inquired if the problem is difficulty
in proving the crime. Ms. Henry explained that one problem
is that a medical expert is needed to testify in these
cases. Also, a jury is often unable to see physical
evidence in this crime.
TAMARA DELUCIA, OFFICE OF VICTIMS' RIGHTS, ANCHORAGE, (via
teleconference) related that strangulation is under
prosecuted. She elaborated upon the physical symptoms of
strangulation, some which lead to brain death. The bill
would not require the prosecutor to show physical injury in
order to charge the felony conduct. She shared that Alaska
ranks number one in the nation for domestic violence death,
many of which are a result of strangulation. She strongly
urged support of HB 219.
3:20:31 PM
Representative Hawker spoke to the fiscal notes. He
disagreed with the Public Defender Agency's indeterminate
fiscal note, saying that it should be a zero note.
Co-Chair Chenault opined that there would be increased court
costs if strangulation is changed from a misdemeanor to a
felony. He added that he would not oppose the zero note.
Representative Weyhrauch agreed with Co-Chair Chenault and
asked what happens when it does cost more. Representative
Hawker explained the difference between an indeterminate
note and a zero note. Co-Chair Meyer said that
indeterminate notes are counted as zero notes for budgeting
purposes.
Representative Weyhrauch asked about the dates on the notes.
Co-Chair Meyer explained that the proposed fiscal note would
be a zero note.
3:27:41 PM
Representative Holm wondered if there is an increase in
trial court costs due to felony trials.
Representative Hawker spoke in favor of the zero note.
Representative Kelly wondered if the change from a
misdemeanor to a felony would be easier, yet riskier, to
prosecute.
3:30:08 PM
LINDA WILSON, DEPUTY DIRECTOR, PUBLIC DEFENDER AGENCY,
DEPARTMENT OF ADMINISTRATION, (via teleconference) responded
that the indeterminate fiscal note is appropriate. Felonies
are much more costly to prosecute, even though some domestic
violence charges may be handled by the city. She predicted
that there would be more felony prosecutions and a fiscal
impact.
Representative Hawker said that the crime of strangulation
is already a felony and this bill would not change that, but
activities may be realigned within the legal process. He
indicated that it works out to be a zero sum gain within the
individual organizations.
3:33:58 PM
Co-Chair Meyer asked how many more case are anticipated.
Ms. Wilson replied she could not guess that number.
Co-Chair Meyer accepted the new zero fiscal note.
3:35:54 PM
Representative Hawker MOVED to ADOPT Conceptual Amendment 1:
Page 1, line 1:
Delete "crimes and dangerous instruments"
Insert "the definition of 'dangerous instrument' as
applied within the criminal code"
Co-Chair Meyer OBJECTED for discussion purposes.
Representative Hawker explained that the amendment would
tighten up the title to include hands as a dangerous
instrument.
Co-Chair Meyer WITHDREW his OBJECTION.
There being NO OBJECTION, Amendment 1 was adopted.
3:37:24 PM
Representative Croft indicated that he expected to find
strangulation described under the definition of serious
physical injury. He wondered why it fell under the
dangerous instruments category.
Representative Hawker explained that was the original
approach to the bill, but legislative legal and the
Department of Law agreed it would be too wide of a
definition. The House Judiciary Committee determined that
it is a tight, but not overriding bill. The current
language is a precise, targeted, and effective way of
accomplishing the intention of the bill.
Representative Croft asked for the Public Defender's opinion
whether it is cleaner in the dangerous instrument definition
or in the serious physical definition. Ms. Wilson responded
that Representative Croft might be confusing deadly weapons
with dangerous instruments. She opined that it makes more
sense to include it with dangerous instruments.
3:41:30 PM
Vice-Chair Stoltze MOVED to report CSHB 219 (FIN) out of
Committee with individual recommendations and the
accompanying fiscal impact notes. There being NO OBJECTION,
it was so ordered.
CSHB 219 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with three zero fiscal impact
notes: #1 CRT, #2 LAW, #3 DPS, and a new ADM zero fiscal
note.
3:43:03 PM
| Document Name | Date/Time | Subjects |
|---|