03/17/1993 01:00 PM House JUD

  HB 127:  PRESUMPTIVE TERMS FOR FIREARMS POSSESSION                           
                                                                               
  Number 366                                                                   
                                                                               
  REPRESENTATIVE PETE KOTT, PRIME SPONSOR of HB 127, said the                  
  bill was intended to send a clear message that the state                     
  would deal harshly with people who carried firearms while                    
  committing serious crimes.  He noted that HB 127 would                       
  impose presumptive terms of imprisonment on first-time                       
  felony offenders who possessed a firearm while committing a                  
  class B or C felony.  He added that the bill would also                      
  impose a mandatory minimum sentence of 30 days for those who                 
  possessed a firearm during the commission of a fourth-degree                 
  assault.                                                                     
                                                                               
  REPRESENTATIVE KOTT noted that the Alaska Peace Officers'                    
  Association supported HB 127, as did Crimestrike, a national                 
  organization devoted to reducing crime.  He stated that the                  
  DPS supported the concept of the bill, and had indicated                     
  there was no expected fiscal impact associated with HB 127.                  
  He mentioned that the DOC had submitted a very large fiscal                  
  note, but expressed his opinion that it was based on a great                 
  deal of speculation.                                                         
                                                                               
  REPRESENTATIVE KOTT commented that while working on HB 127,                  
  he had discovered that the state had a very poor information                 
  management system for reporting and tracking crimes, in his                  
  opinion.                                                                     
                                                                               
  Number 430                                                                   
                                                                               
  REPRESENTATIVE JAMES stated that if the DOC fiscal note was                  
  correct, then the state was in serious trouble and should                    
  have implemented HB 127's provisions long ago.                               
                                                                               
  Number 438                                                                   
                                                                               
  REPRESENTATIVE KOTT noted that if the fiscal note was even                   
  close to being correct, he would have serious problems in                    
  working to advance HB 127.                                                   
                                                                               
  CHAIRMAN PORTER believed the fiscal note did not reflect                     
  people who were "slipping through the cracks" of the state's                 
  judicial system.  Rather, he said that the fiscal note                       
  simply reflected longer sentences for people who had already                 
  been convicted.                                                              
                                                                               
  Number 454                                                                   
                                                                               
  REPRESENTATIVE KOTT confirmed that the Chairman's comments                   
  were correct, to a large degree.  He questioned the                          
  methodology used in calculating the DOC fiscal note.                         
                                                                               
  Number 474                                                                   
                                                                               
  MS. KNUTH stated that Alaska had one of the best information                 
  tracking systems on crimes in the nation.  However, she said                 
  that what Alaska tracked was very different from the                         
  information that was needed for a fiscal note like the one                   
  prepared by the DOC.  She noted that Alaska was extremely                    
  good at tracking prosecutions and convictions, but said that                 
  offenses were tracked, not conduct, including whether or not                 
  a weapon was used in an offense.                                             
                                                                               
  MS. KNUTH expressed the DOL's concerns with HB 127.  She                     
  said that the bill would create a presumptive sentence of                    
  one year for class C felonies and two years for class B                      
  felonies, if a person possessed a firearm and that                           
  possession was not an element of the offense.  She said that                 
  anytime possession of a firearm was an element of the                        
  offense, there was a rule of law that said a person would                    
  not be doubly penalized.  Therefore, she noted that HB 127                   
  would not affect the offender's sentence in any present                      
  misconduct with weapons' offenses.                                           
                                                                               
  MS. KNUTH commented that burglary had already been elevated                  
  one degree, if the target of the burglary was a commercial                   
  establishment, or the perpetrator was in possession of a                     
  weapon.  She commented further that possession of a weapon                   
  during any drug offense was already a separate crime.  She                   
  added that it was already a higher-class felony offense if a                 
  person escaped from incarceration with a gun.  She noted                     
  that there were many weapons' offenses that HB 127 would not                 
  affect.                                                                      
                                                                               
  Number 525                                                                   
                                                                               
  MS. KNUTH stated that HB 127 likely would affect about half                  
  of all assault cases and drug offenses in which a gun was                    
  used on the drug charge sentence, but not on the second                      
  charge that was made for the weapons offense of using a                      
  weapon during a drug offense.  She was concerned that by                     
  setting a presumptive sentence, the state was tying judges'                  
  hands to some degree.  She commented that in cases where a                   
  weapon was an active part of an offense, the state was                       
  already getting much higher sentences than those proposed in                 
  HB 127.  She noted that the bill would create "ceilings"                     
  that currently did not exist.                                                
                                                                               
  MS. KNUTH cited a recent case that she had prosecuted, which                 
  would have been negatively affected if the provisions of                     
  HB 127 had been law.  She commented that generally, the                      
  legislature had tried to respond to the use of weapons by                    
  making it an aggravator in existing presumptive sentences                    
  and by having a long list of separate weapons' crimes.  She                  
  predicted that the approach taken in HB 127 would have some                  
  strange effects, some of which were most likely                              
  unintentional.                                                               
                                                                               
  MS. KNUTH suggested that the committee study the bill                        
  carefully before taking any action on it.  She noted that                    
  the Sentencing Commission, in its thorough analysis of the                   
  criminal justice system, had not recommended the approach                    
  taken in HB 127.  She commented that HB 127 would increase                   
  sentences in cases where a weapon was not a major part of                    
  the offense.  However, in cases where a weapon was a major                   
  part of the offense, sentences would be decreased, she said.                 
                                                                               
  Number 578                                                                   
                                                                               
  REPRESENTATIVE GREEN asked if the legislature could pass                     
  presumptive sentences that took effect only if another                       
  presumptive sentence did not.                                                
                                                                               
  Number 585                                                                   
                                                                               
  MS. KNUTH did not believe that could occur.  She noted that                  
  the point of presumptive sentences was to use them                           
  generally.                                                                   
                                                                               
  Number 603                                                                   
                                                                               
  REPRESENTATIVE NORDLUND asked Ms. Knuth if the possession of                 
  a firearm during the commission of a crime was now an                        
  aggravator.                                                                  
                                                                               
  MS. KNUTH replied in the affirmative.  She said that it gave                 
  flexibility to a judge in handing down a sentence.                           
                                                                               
  Number 628                                                                   
                                                                               
  REPRESENTATIVE NORDLUND commented that Representative Kott's                 
  intentions were probably good, but said that the effect of                   
  HB 127 might be counterproductive to what Representative                     
  Kott had set out to accomplish.  He asked Representative                     
  Kott what had prompted his introduction of HB 127.                           
                                                                               
  Number 636                                                                   
                                                                               
  REPRESENTATIVE KOTT replied that he had sponsored the bill                   
  because of concerns raised by police officers.  He suggested                 
  that the committee lay HB 127 aside, and instead look into                   
  recommendations made by the Sentencing Commission.                           
                                                                               
  CHAIRMAN PORTER stated that he would accept Representative                   
  Kott's comment as a MOTION to lay HB 127 on the table,                       
  pending further discussion of the Sentencing Commission's                    
  recommendations.  There being no objection, IT WAS SO                        
  ORDERED.  The Chairman announced that the committee would                    
  take up HB 86 next.  He called a brief "at ease" while                       
  Representative Bunde was being notified.