04/21/2001 11:22 AM House HES

HB 85-AGGRAVATING FACTORS IN SENTENCING                                                                                       
                                                                                                                                
CHAIR DYSON  announced that the  next order of business  would be                                                               
HOUSE BILL  NO. 85,  "An Act  relating to  conduct directed  at a                                                               
school employee as an aggravating  factor for criminal sentencing                                                               
purposes."                                                                                                                      
                                                                                                                                
Number 0880                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  stated, as  sponsor of  HB 85,  that this                                                               
would amend  the state statutes  by allowing a judge  to increase                                                               
penalties for  assaults on  school employees.   He said  this was                                                               
brought to him by NEA (National Education Association).                                                                         
                                                                                                                                
REPRESENTATIVE  WILSON asked  where  else in  statute  it says  a                                                               
judge [can increase penalties for assaults].                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  responded  that  this  falls  under  the                                                               
aggravator section,  and is 1 of  30 items that are  described as                                                               
aggravating factors.                                                                                                            
                                                                                                                                
Number 0985                                                                                                                     
                                                                                                                                
VERNON   MARSHALL,   Executive   Director,   National   Education                                                               
Association-Alaska (NEA-Alaska), came forth  and stated that NEA-                                                               
Alaska appreciates that  the legislature is taking  steps to make                                                               
schools safe.  He said [NEA-Alaska]  thinks this is a step toward                                                               
establishing a standard,  recognizing that it is  a serious issue                                                               
when anyone  assaults a  school employee  while that  employee is                                                               
performing his or  her duties.  He added that  the bill gives the                                                               
court an  opportunity to consider  the aggravator  when adjusting                                                               
the sentence.                                                                                                                   
                                                                                                                                
REPRESENTATIVE COGHILL read to the committee [AS] 12.55.155(b):                                                                 
                                                                                                                                
     (b)  Sentence  increments  and  decrements  under  this                                                                    
     section  shall   be  based  on  the   totality  of  the                                                                    
     aggravating and  mitigating factors set out  in (c) and                                                                    
     (d) of this section.                                                                                                       
                                                                                                                                
He then read subsection (30 of HB 85:                                                                                           
                                                                                                                                
     (30)  the  defendant  knowingly  directed  the  conduct                                                                    
     constituting the  offense at  a school  employee during                                                                    
     or because of the exercise of official duties.                                                                             
                                                                                                                              
REPRESENTATIVE COGHILL explained that the primary task is to                                                                    
allow this to be an aggravator if there is an egregious attack.                                                                 
                                                                                                                                
Number 1198                                                                                                                     
                                                                                                                              
REPRESENTATIVE CISSNA stated:                                                                                                   
                                                                                                                                
     As  a   state,  in  the  benchmark   of  social  health                                                                    
     indicators, we don't fare too  well in some categories.                                                                    
     And we're third ...  in incarceration. ... Although I'm                                                                    
     totally in favor  of raising the status  of teachers as                                                                    
     a  group   that  really   desperately  [needs]   to  be                                                                    
     respected as those [who] are  guiding the course of our                                                                    
     children's future,  at the very  same time I  hope that                                                                    
     in  all  of  these  things   ...  we  don't  limit  the                                                                    
     possibilities    for   alternative    sentencing,   for                                                                    
     alternative ways of grappling  with changing our status                                                                    
     of being third in incarceration.                                                                                           
                                                                                                                                
CAROL COMEAU, Superintendent, Anchorage School District (ASD),                                                                  
stated that [ASD] is very supportive of this because it is                                                                      
allowing for the discretion of a judge.                                                                                         
                                                                                                                                
Number 1296                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE moved to report  HB 85 out of committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection, HB  85 moved  from the  House Health,                                                               
Education and Social Services Standing Committee.