04/29/1996 02:00 PM House JUD

 CSSB 264(JUD) - LIMIT SUSPENDED IMPOSITION OF SENTENCE                      
                                                                               
 CHAIRMAN PORTER announced the next order of business would be CSSB
(JUD), "An Act limiting the authority of courts to suspend the             
 imposition of sentence in criminal cases."                                    
                                                                               
 KELLY HUBER, Legislative Assistant, to Senator Rick Halford, came             
 forward to address the committee.  She said SB 264 limits the                 
 authority of courts to suspend the imposition of sentence.  This              
 bill deals directly with AS 11.41. which are crimes against a                 
 person on a first time conviction.  Ms. Huber said in the Senate              
 Judiciary Committee regarding the first time conviction where they            
 removed "misdemeanors" for the first time.  It would only be felony           
 convictions on the first time.  The misdemeanors were put in for a            
 second felony.  So if it is a misdemeanor and it is a second                  
 offense, the SIS (suspension of imposition of sentence) would take            
 effect or if it was a felony for the second time.  She stated it is           
 a very straight forward bill and deals with AS 11.41.                         
                                                                               
 Number 736                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN asked that the Department of Law state             
 their position for the record.                                                
                                                                               
 Number 780                                                                    
                                                                               
 ANNE CARPENETI, Assistant Attorney General, Criminal Division                 
 Department of Law, came before the committee.  She said the                   
 committee aide had just raised a question which she needs to                  
 familiarize herself with, which is that sexual abuse of a minor in            
 the fourth degree may be a misdemeanor.  She said she had thought             
 Ms. Huber was correct when she said all the misdemeanors had been             
 removed from the first time.....  Ms. Carpeneti said there is a               
 misdemeanor which is sexual abuse of a minor in the fourth degree.            
 She explained the change was made in the Senate Judiciary Committee           
 and there wasn't a hearing on the changes.  She informed the                  
 committee members that assault in the fourth degree is 230,                   
 reckless endangerment is 240 and those are both A misdemeanors.               
 Custodial interference is 330.  She said those are removed from the           
 prohibition of a SIS for the first conviction.  Ms. Carpeneti noted           
 the Department of Law doesn't have a problem with the bill.                   
                                                                               
 Number 868                                                                    
                                                                               
 CHAIRMAN PORTER said for the record, "SIS is to law enforcement are           
 not what you want to hear coming out of the sentencing judge and it           
 has been, in the past, on some accessions a defendant who is                  
 convicted gets an SIS and then the next time they get before the              
 court they get what we call an `SSIS' - serious suspension of                 
 imposition of sentencing."  Chairman Porter said what the bill                
 provides is that people who have harmed others should not be                  
 considered for an SIS.                                                        
                                                                               
 CHAIRMAN PORTER asked if there was further testimony.  There being            
 none, he asked what the wish of the committee was.                            
                                                                               
 Number 989                                                                    
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY made a motion to move CSSB 264(JUD)             
 out of committee with zero fiscal notes and individual                        
 recommendations.                                                              
                                                                               
 CHAIRMAN PORTER asked if there was an objection.  Hearing none,               
 CSSB 264(JUD) moved out of the House Judiciary Committee.