Legislature(2005 - 2006)CAPITOL 120

03/02/2005 01:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 155 USE CRIMINAL FINES FOR YOUTH COURTS TELECONFERENCED
Moved CSHB 155(JUD) Out of Committee
+= HB 132 CRIMES AGAINST ELDERLY TELECONFERENCED
Moved CSHB 132(JUD) Out of Committee
+= HB 107 ATTY FEES: HUNTING/FISHING INTERFERENCE TELECONFERENCED
Heard & Held
*+ HB 131 ACCESS DEVICE & I.D. DOCUMENT CRIMES TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
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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