Legislature(1993 - 1994)
04/02/1993 01:00 PM House JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 231: AGGRAVATING/MITIGATING FACTORS: SEX CRIMES Number 761 REPRESENTATIVE PETE KOTT, PRIME SPONSOR of HB 231, said that the bill was recommended by the Alaska Sentencing Commission. He said that AS 12.55.155 contained a series of aggravating and mitigating factors that were applied by the court in presumptive sentencing of felony offenders. He said that HB 231 modified the aggravating factors, and added a new mitigating factor. He said that at present, there were no aggravating factors for conviction of sexual abuse of a minor, or for previous convictions for sexual assault of an adult. REPRESENTATIVE KOTT said that section 1 of HB 231 filled the gap by creating an aggravating factor. He said that section 2 established as a new mitigating factor that the prior conviction was for a less serious class of offense. He said that section 3 was a housekeeping provision, maintaining the status quo regarding the types of cases that could be referred to a three-judge panel. He said that the bill would have no fiscal impact. Number 801 MS. SMITH expressed concerns about the bill's section 2, asking why the previous commission of a lesser felony should be a mitigating factor in the sentencing for another, more serious felony conviction. TAPE 93-49, SIDE B Number 000 MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, testified regarding HB 231. She said that the state's present presumptive sentencing system assumed that the subject had at least one prior conviction for a felony of approximately the same level. She said that if the prior conviction was a more serious offense, that would be an aggravating factor. A less serious offense could be a factor in mitigation, she said. MS. KNUTH said that it was important to remember that a presumptive sentence was assumed to be the right sentence, and that judges could vary from that sentence only if they decided that there was a very good reason to do so. She said that the bill allowed some increased flexibility in sentencing. Number 025 CHAIRMAN PORTER said that under present law the mitigating or aggravating factors had more to do with the fact that a person had a previous conviction, and not so much with the relative seriousness of the felonies. He asked if this approach made sense. MS. SMITH replied, "Not in my field." Number 049 MS. KNUTH said that the Department of Law supported HB 231, as recommended by the Sentencing Commission. CHAIRMAN PORTER suggested that the committee adopt CSHB 231 (JUD). REPRESENTATIVE JEANNETTE JAMES MOVED that the committee ADOPT CSHB 231 (JUD), dated April 2, 1993. Number 061 REPRESENTATIVE KOTT OBJECTED for the purpose of discussing CSHB 231 (JUD). MS. HORETSKI said that the committee members had a draft CS dated 4/2/93. She said that she had talked with Ms. Knuth, members of Representative Kott's staff, and with the legislative drafters several times regarding HB 231. She described the changes in the CS. On page 1, line 4, the term "crime" was changed to the word "felony." She said that the CS combined existing language describing aggravators for prior crimes of rape and sexual abuse of a minor. She said that the main change in the CS version deleted section 3 of the original bill. MS. HORETSKI said that the CS did not change the thrust of HB 231, but improved it slightly. Number 140 REPRESENTATIVE KOTT had no questions, but added that it was not his intent to tamper with the three-judge panel. Number 144 REPRESENTATIVE PHILLIPS said that it was a bad idea for amendments to be made without the sponsor's knowledge. She said that it was important to involve the sponsor in any amendment to his or her bill. CHAIRMAN PORTER said that was a good point, and that while there had been discussions with the sponsor's staff, that did not overcome the obligation to consult with the sponsor. Number 161 MS. HORETSKI asked that the record reflect that she had had extensive discussions with the sponsor's staff as well as agency representatives regarding CSHB 231 (JUD). Number 170 MS. KNUTH said that the amendments made sense to her, and that it was up to the legislature to decide sentencing parameters. CHAIRMAN PORTER said that HB 231 made an appropriate distinction regarding a sexual offender based on the victims. He invited the drafter of the bill to comment. Number 188 JERRY LUCKHAUPT, LEGISLATIVE LEGAL COUNSEL, DIVISION OF LEGAL SERVICES, LEGISLATIVE AFFAIRS AGENCY, testified on HB 231, saying that he agreed with Ms. Knuth, Ms. Horetski and Chairman Porter, that it was up to the legislature to fashion aggravating factors as it saw fit. He said that early on in his work, the sponsor did not want to make any changes regarding what cases could go before the three-judge panel. He had no legal concerns regarding the changes made in CSHB 231 (JUD), however. REPRESENTATIVE KOTT said that the changes were acceptable to him. He asked if there was a need for a title change, because CSHB 231 (JUD) would prevent some cases from being referred to the three-judge panel. Number 213 MR. LUCKHAUPT did not think so, but said that the committee could ask him to change the title. He offered to consult with the revisor of statutes as to the need for a title change. He said that the committee could conceptually adopt CSHB 231 (JUD), then allow him to change the title if necessary. REPRESENTATIVE KOTT WITHDREW his OBJECTION. CHAIRMAN PORTER asked for objections and, hearing none, declared that the committee had adopted CSHB 231 (JUD). Number 233 REPRESENTATIVE GREEN MOVED PASSAGE of CSHB 231 (JUD) with individual recommendations and a zero fiscal note, and if necessary, a title change. CHAIRMAN PORTER asked for objections and, hearing none, declared CS HB 231 (JUD) PASSED with individual recommendations He then brought to the table HB 212, and noted that the sponsor, Representative Maclean, had had to leave the committee meeting to return to work in another committee.
| Document Name | Date/Time | Subjects |
|---|