04/22/1995 11:12 AM House JUD

 SB 7 - NO BAIL FOR FELONS W/ PREVIOUS CONVICTIONS                           
                                                                               
 BRUCE RICHARDS, Administrative Assistant to Senator Judith E. Salo,           
 bill sponsor, introduced SB 7.  This bill says that if you are                
 convicted of a class B or class C felony, and prior to this                   
 conviction you have been convicted of an unclassified or class A              
 felony, stalking in the first degree, sexual assault in the second            
 or third degree, or sexual abuse of a minor in the second and third           
 degree, you will not be eligible for bail.  Included in your                  
 packets is information about a man who was convicted in 1993 of a             
 felony drug charge.  He had a previous record, and a very long                
 sentence.  He had been convicted of three rapes, several grand                
 theft auto charges, concealed weapon assaults, and upon conviction            
 of this felony drug charge, was released on bail for $5,000.                  
                                                                               
 TAPE 95-49, SIDE B                                                            
 Number 000                                                                    
                                                                               
 MR. RICHARDS continued.  He said Senator Salo felt that since this            
 man had already been convicted, he should have been held in jail.             
 Many times a judge will not let these types of people out of jail,            
 but she felt that once was one too many times.  That is why we have           
 this bill before you.                                                         
                                                                               
 JANE ANDREAN, Director, Council on Domestic Violence and Sexual               
 Assault, Department of Public Safety, supported the bill.  What               
 they really like to look back at is prior convictions for class B             
 and C in sexual assault, child sexual abuse, and stalking cases.              
 This bill will do two things.  It will protect future victims, as             
 well as send a very clear statement that these types of crimes are            
 not okay.                                                                     
                                                                               
 REPRESENTATIVE BUNDE asked Ms. Knuth if the Department of Law would           
 have concerns about unequal protection.                                       
                                                                               
 MS. KNUTH answered that no, not in that regard, considering that we           
 already deny bail upon conviction for class A and unclassified                
 felony offenses, this is simply extending it for a person who has             
 a prior class A or unclassified felony offense, even if they are              
 now before the court, being convicted of a class B or class C                 
 felony offense.                                                               
                                                                               
 REPRESENTATIVE TOOHEY asked where the sexual predator law would fit           
 into this.                                                                    
                                                                               
 MS. KNUTH answered that we do not have the sexual predator law yet.           
 We do have the stalking offense, but sexual predator has not                  
 passed.                                                                       
                                                                               
 REPRESENTATIVE TOOHEY asked if it is floating around in our system            
 somewhere.                                                                    
                                                                               
 MS. KNUTH answered that Representative Parnell has introduced it              
 and not moved on it this session.  She expected we would see it               
 next session.                                                                 
                                                                               
 REPRESENTATIVE BUNDE made a motion to move SB 7 out of committee              
 with individual recommendations and fiscal notes as attached.                 
 Hearing no objection, SB 7 moved.