Legislature(2001 - 2002)

02/06/2002 01:12 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 297 - AGGRAVATOR FOR SEXUAL OFFENSES                                                                                       
                                                                                                                                
Number 0828                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG  announced that the  next order of  business would                                                               
be HOUSE BILL NO. 297, "An  Act related to aggravating factors at                                                               
sentencing."  He noted that  before the committee was version LS-                                                               
221186\O,  Luckhaupt,  1/31/02  [which incorporated  the  amended                                                               
amendment adopted on 1/30/02].   He also noted, however, that per                                                               
the subcommittee  report, "Version  L" should  be adopted  as the                                                               
new work draft.                                                                                                                 
                                                                                                                                
Number 0883                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MEYER  moved  to  adopt  the  proposed  committee                                                               
substitute  (CS)  for  HB 297,  version  22-LS1186\L,  Luckhaupt,                                                               
1/31/02, as the work draft.   There being no objection, Version L                                                               
was before the committee.                                                                                                       
                                                                                                                                
REPRESENTATIVE  MEYER explained  that Version  L, in  addition to                                                               
incorporating  the amendment  adopted  at  the previous  hearing,                                                               
references the  existing statutory definition  of "incapacitated"                                                               
by citing the  statute where that definition is found.   Based on                                                               
the discussion with  committee members, he said  he believes that                                                               
committee   members   will   be  more   comfortable   with   this                                                               
clarification.    Furthermore,  this  clarification  narrows  the                                                               
scope of  the bill to its  initial intent, which was  to make the                                                               
use of  date rape  drugs and/or  excessive alcohol  an aggravator                                                               
that a judge may consider in sentencing.                                                                                        
                                                                                                                                
REPRESENTATIVE MEYER  recalled that Representative  Berkowitz had                                                               
expressed concern  regarding the need for  the aggravator itself.                                                               
Since  that  time,  Standing Together  Against  Rape  (STAR)  has                                                               
provided examples of related cases  in which the court didn't use                                                               
[AS 12.55.155(c)(5)]  in sentencing.   Representative  Meyer said                                                               
he and  [STAR] feel that  had this  aggravator been in  place, it                                                               
would've  been clear  to  the  court that  it  could've used  the                                                               
aggravator  in   the  sentencing.     He  reiterated   that  this                                                               
aggravator would only apply to the sentencing.                                                                                  
                                                                                                                                
REPRESENTATIVE  OGAN relayed  his belief  that [Version  L] is  a                                                               
better  bill because  it reduces  the  possibility of  unintended                                                               
consequences.                                                                                                                   
                                                                                                                                
Number 0987                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN  moved  to  report  the  proposed  committee                                                               
substitute  (CS)  for  HB 297,  version  22-LS1186\L,  Luckhaupt,                                                               
1/31/02,  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There being no  objection, CSHB                                                               
297(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                

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