02/06/2002 01:12 PM House JUD

HB 85 - AGGRAVATING FACTORS IN SENTENCING                                                                                     
                                                                                                                                
Number 1035                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG  announced that the penultimate  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."   He noted that HB 85 had  been assigned to                                                               
a subcommittee during the bill's previous hearing.                                                                              
                                                                                                                                
REPRESENTATIVE  COGHILL, as  the sponsor,  pointed out  that when                                                               
this bill  was first heard,  he felt that [the  committee] veered                                                               
off  the path  a  bit  with regard  to  what  the aggravator  was                                                               
intended  to do.    [House  Bill 85]  attempts  to address  those                                                               
employed   in  a   school,  doing   official   duties,  who   are                                                               
deliberately attacked.   Since school employees  are required [to                                                               
pay careful attention  to] public safety issues, he  said he felt                                                               
that  an aggravator  for crimes  against that  particular segment                                                               
[of  the population]  would  be good  for a  judge  to have  when                                                               
sentencing.   He  noted  that  the issues  raised  at the  bill's                                                               
previous  hearing  were  related  to the  "school  employee"  and                                                               
"exercise  of  official  duties"   language.    He  informed  the                                                               
committee that a "school employee"  is someone who is employed by                                                               
the school.   However,  he noted,  "It is true  that it  could be                                                               
directly   traceable  to   those   directly   employed  in   that                                                               
institution."  Therefore, he felt  that this would apply to those                                                               
working  under contractual  agreements.   He  related his  belief                                                               
that  that's  appropriate,  and therefore  he  didn't  want  that                                                               
language  taken out,  since employees  are charged  with specific                                                               
duties  that   aren't  necessarily  given  to   volunteers.    He                                                               
concluded by requesting that the committee pass the bill on.                                                                    
                                                                                                                                
CHAIR  ROKEBERG asked  if  anyone  wished to  testify  on HB  85.                                                               
There being no one, the public testimony on HB 85 was closed.                                                                   
                                                                                                                                
Number 0212                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  moved to  report HB  85 out  of committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
CHAIR  ROKEBERG, in  response to  Representative Ogan,  clarified                                                               
that  the motion  is referring  to  the original  version of  the                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE OGAN objected.                                                                                                   
                                                                                                                                
The committee took an at-ease from 1:30 p.m. to 1:31 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE  OGAN  opined that  he  wanted  to make  everybody                                                               
that's on school grounds safer,  whether they are school district                                                               
employees, students, or members of  the general public; he wanted                                                               
to send a  message that schools, as  a whole, are a  bad place to                                                               
commit any kind of violent crime.   He emphasized his belief that                                                               
violence against anyone on [school  grounds] should be subject to                                                               
an aggravator.   He pointed out  that this is the  same objection                                                               
he voiced [at the prior hearing on HB 85].                                                                                      
                                                                                                                                
REPRESENTATIVE  COGHILL said  that  he  didn't entirely  disagree                                                               
with  Representative Ogan.   However,  he noted,  the problem  is                                                               
that  "we've" already  decided  to hold  people  employed by  the                                                               
school to  a higher  standard of accountability,  and HB  85 will                                                               
offer  them  a  higher  degree  of  protection  should  they  get                                                               
assaulted while performing their official  duty.  And although he                                                               
agrees  that the  scope of  [school safety]  needs to  be broader                                                               
than what  HB 85 provides  for, he said  that he felt  that other                                                               
laws are addressing  that issue.  He reiterated  his remarks that                                                               
school  employees  are already  held  to  a higher  [standard  of                                                               
accountability] and  thus crimes  against them should  be subject                                                               
to an aggravator.                                                                                                               
                                                                                                                                
CHAIR ROKEBERG  agreed with Representative  Coghill that  [HB 85]                                                               
is establishing a class of  people - school employees, as opposed                                                               
to  the  general  public  -   that  will  have  [access]  to  the                                                               
aggravator.   Chair Rokeberg said  that he felt  this distinction                                                               
is justifiable,  reminding members that crimes  committed against                                                               
persons  not employed  by the  school would  still be  prosecuted                                                               
under the law.   He related his belief that  without a sideboard,                                                               
there  would be  no  end  to [the  umbrella]  this would  create.                                                               
Furthermore,  going beyond  [a specific  class] seems  to confuse                                                               
the issue.   He announced that  he would support the  adoption of                                                               
HB 85.                                                                                                                          
                                                                                                                                
REPRESENTATIVE OGAN maintained his  objection, citing the need to                                                               
send a message  that anyone who commits a  felony against someone                                                               
on school grounds  during school business hours  would be subject                                                               
to the aggravator.                                                                                                              
                                                                                                                                
CHAIR ROKEBERG announced that HB 85 would be held over.