Legislature(2005 - 2006)CAPITOL 120
03/02/2005 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB155 | |
| HB132 | |
| HB107 | |
| HB131 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 155 | TELECONFERENCED | |
| += | HB 132 | TELECONFERENCED | |
| += | HB 107 | TELECONFERENCED | |
| *+ | HB 131 | TELECONFERENCED | |
HB 132 - CRIMES AGAINST ELDERLY 1:34:35 PM CHAIR McGUIRE announced that the next order of business would be HOUSE BILL NO. 132, "An Act relating to sentencing for certain crimes committed against the elderly; and providing for an effective date." BEN MULLIGAN, Staff to Representative Bill Stoltze, Alaska State Legislature, sponsor, relayed on behalf of Representative Stoltze that he and the sponsor considered the committee's suggestions and created a proposed committee substitute (CS) for HB 132, Version 24-LS0421\G, Luckhaupt, 3/1/05. RANDY RUARO, Assistant Attorney General, Legislation & Regulations Section, Office of the Attorney General, Department of Law (DOL), said that because of members' concerns regarding possible issues related to the U.S. Supreme Court case, Blakely v. Washington, 124 S. Ct. 2531 (U.S., 2004), Version G no longer references sentencing; now provides that the proposed changes to penalties for crimes against the elderly will be located in Title 11; contains language clarifying [what the mental intent of the perpetrator must be in order for Section 2 of the bill to apply] - he mentioned that the intent is for the defendant to get notice of the possible enhanced penalty via the charging documents, thus alleviating any "Blakely problems"; and no longer contains the language that was formerly located in subsection (b)(6) of the original version that referenced criminal mischief crimes - that language has been deleted and the remaining paragraphs have been renumbered. 1:37:15 PM REPRESENTATIVE GARA said the changes in Version G satisfy his concerns, and relayed that after further review, he now concurs with Mr. Ruaro's interpretation of the bill. CHAIR McGUIRE offered her understanding that she'd closed public testimony at the bill's last hearing. REPRESENTATIVE GRUENBERG asked Mr. Ruaro to clarify which language has been deleted from Version G. MR. RUARO said it was the language referring to property crimes such as using a key to damage the paint job on a car. 1:39:34 PM REPRESENTATIVE DAHLSTROM moved to report the proposed CS for HB 132, Version 24-LS0421\G, Luckhaupt, 3/1/05, out of committee with individual recommendations and the accompanying fiscal notes. CHAIR McGUIRE pointed out that Version G had to be adopted as work draft first. REPRESENTATIVE DAHLSTROM moved to adopt the proposed CS for HB 132, Version 24-LS0421\G, Luckhaupt, 3/1/05, as the work draft. There being no objection, Version G was before the committee. REPRESENTATIVE DAHLSTROM again moved to report the proposed CS for HB 132, Version 24-LS0421\G, Luckhaupt, 3/1/05, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 132(JUD) was reported from the House Judiciary Standing Committee.
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