Legislature(1995 - 1996)

03/22/1995 09:20 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  SENATE BILL NO. 46                                                           
                                                                               
       An Act  revising the  provision of  law  under which  a                 
       minor may be  charged, prosecuted, and sentenced  as an                 
       adult in the district court, and  adding to the list of                 
       offenses  for which  a  minor may  be prosecuted  as an                 
       adult in the district court.                                            
                                                                               
                                                                               
  Co-chairman Halford  directed that SB  46 be brought  on for                 
  discussion.  SENATOR TAYLOR,  sponsor, came before committee                 
  and  referenced  a  draft  committee  substitute.    Senator                 
  Phillips MOVED for  adoption of  draft CSSB 46  (9-LS0155\K,                 
  Chenoweth, 3/22/95) for  discussion purposes.   No objection                 
  having  been  raised,  CSSB 46  was  ADOPTED.   The  sponsor                 
  explained  that  the  proposed bill  was  introduced  at the                 
  urging  of  parents concerned  by  the lack  of consequences                 
  within the juvenile  justice system when a minor is arrested                 
  for  an  alcohol-related offense.    In many  instances, the                 
  minor is not arrested.                                                       
                                                                               
  The new draft  incorporates many  changes adopted by  Senate                 
  Judiciary  as well as  provisions allowing a law enforcement                 
  officer to arrest a minor on minor consuming charges without                 
  a  warrant.   The  latter is  necessary  because of  a court                 
  ruling  that  says  an  officer   must  witness  the  actual                 
  consumption to make such an arrest.                                          
                                                                               
  Sec. 1 makes "minor consuming"  an infraction rather than  a                 
  misdemeanor of felony.   Upon conviction in  district court,                 
  it imposes  a fine of  not less than  $100 and a  maximum of                 
  $300.                                                                        
                                                                               
  Sec. 2 includes a technical change that adds minor consuming                 
  alcohol to the  list of offenses that  constitute violations                 
  under Title 4.                                                               
                                                                               
  Sec. 3 adds minor consuming alcohol  to the list of offenses                 
  for which an officer can arrest without a warrant.  The only                 
  change to existing law appears on line 27.                                   
                                                                               
  Sec.  4  moves  the  jurisdiction  for minor  consuming  and                 
  tobacco violations to the district court.                                    
                                                                               
  Sec. 5 adds  liquor-related offenses committed by  minors to                 
  the list of offenses for which minors are already treated as                 
  adults in  district  court.   This section  requires that  a                 
  parent or  guardian appear  at  all proceedings.   The  only                 
  change here is  addition of  alcohol-related offenses.   The                 
  drafter took the  opportunity to rearrange this  section and                 
  make it more clear in statutes.                                              
                                                                               
  The  intent   behind  moving  alcohol-related   offenses  to                 
  district  court  is to  remove  these cases  from  the over-                 
  burdened juvenile justice  system.  Provisions will  allow a                 
  district court  judge to  intervene in  cases where  alcohol                 
  abuse  is  a  serious  problem  and  not  just  a   youthful                 
  experiment.                                                                  
                                                                               
  Under the current system, minors often must commit a serious                 
  crime in conjunction with drinking  before they are diverted                 
  to treatment and counseling.   Changing minor consuming from                 
                                                                               
                                                                               
  a  misdemeanor  to an  infraction  removes  the  onus  of  a                 
  criminal  record  and  provides  an  opportunity  for  early                 
  intervention.                                                                
                                                                               
  Fiscal  impact  on  the court  system  should  be  offset by                 
  reductions  at  the division  of  family and  youth services                 
  within the Dept. of Health and Social Services.                              
                                                                               
  In  response to a question from Senator Donley, JOE AMBROSE,                 
  aide to Senator  Taylor, explained  that minor consuming  is                 
  the only misdemeanor  that becomes  an infraction under  the                 
  proposed bill.  Other elements  involving minors and alcohol                 
  remain misdemeanors.                                                         
                                                                               
  Senator  Zharoff inquired  concerning the  definition  of "a                 
  minor."    Senator  Taylor noted  a  variety  of definitions                 
  depending  upon the  activity  to be  undertaken.   In  this                 
  instance, "a minor" is a person under twenty-one in terms of                 
  alcohol consumption, and nineteen for tobacco.                               
                                                                               
  In  response  to a  question  from Senator  Zharoff, Senator                 
  Taylor advised that a class A misdemeanor involves up to one                 
  year in jail and up to a $5,000 fine.                                        
                                                                               
  Senator  Zharoff asked  how  the pending  legislation  would                 
  impact the  previously passed CSHB  21 (Fin).   Joe  Ambrose                 
  explained that the minor consuming  offense addressed in the                 
  House  bill  would   move  from  its  current  status  as  a                 
  misdemeanor  to an infraction.   It would  not show  up on a                 
  criminal record.    It would  continue  to allow  for  early                 
  intervention in cases where that is warranted.                               
                                                                               
  In response to  a question  from Co-chairman Frank,  Senator                 
  Taylor  reiterated  the purpose  of the  proposed bill.   He                 
  explained that in order to pick up intoxicated  minors, hold                 
  them until their parents come and get them, and subsequently                 
  compel parents and  the juvenile to appear before a district                 
  court judge, it  was necessary to change  the classification                 
  of offenses  for  which the  minor  would be  considered  an                 
  adult.   As sponsor of the legislation,  Senator Taylor said                 
  he did not want to impact either the juvenile or  the system                 
  with a high  fine or  high criminal offense.   He  explained                 
  that, instead of  a misdemeanor,  he elected to  "go with  a                 
  violation so  that there would  be a  monetary penalty  that                 
  would  be  exacted  by  the  court."     The  intent  is  to                 
  immediately address the problem and involve the parents.  At                 
  the present time,  nothing happens to these  young people or                 
  they merely "get  written up."   After being written up  for                 
  minor consuming several times, the matter is turned over  to                 
  a  probation  officer  or the  Dept.  of  Health  and Social                 
  Services.  Most  often, until  the juvenile does  "something                 
  major," he or she is not brought to court.                                   
                                                                               
  Co-chairman Frank referenced past "drunk in public" laws and                 
                                                                               
                                                                               
  asked  why  they ceased  to  be  applied.    Senator  Taylor                 
  explained that society determined that alcohol is not always                 
  a matter of choice but is, in some instances, a disease.  It                 
  did not seem appropriate to incarcerate individuals  because                 
  of an illness.                                                               
                                                                               
  Discussion  of  application  of  laws   relating  to  minors                 
  consuming in various districts of the state followed between                 
  Senator  Taylor  and  Co-chairman  Frank.    Senator  Taylor                 
  explained  that the  rewrite of  drunk in  public  law under                 
  Title 47 anticipated a network of dry-out centers.  Officers                 
  would pick  up intoxicated  individuals based  on the  civil                 
  justification  that  they  were a  danger  to  themselves or                 
  others because  of their condition.  The individual would be                 
  taken to  a dry-out center, allowed to sober up, and then go                 
  home.    Senator  Taylor voiced  his  belief  that there  is                 
  adequate jurisdiction for law enforcement officers to do the                 
  same  with  an  intoxicated minor.    Questions  often arise                 
  regarding whether or  not they are truly so intoxicated that                 
  they are a danger to themselves or others.                                   
                                                                               
  Other  districts  handle  the problem  differently  than the                 
  first  judicial district because  the superior  court ruling                 
  that impacted  the Ketchikan  case was  not appealed  to the                 
  supreme  court.    The  ruling  has thus  not  been  applied                 
  statewide.   Rather than await  a supreme court  ruling, the                 
  proposed bill was introduced.                                                
                                                                               
  Senator Sharp noted title references  to alcohol and tobacco                 
  and also noted statutory citations relating to fish and game                 
  regulations and  park and recreational facilities.   Senator                 
  Taylor explained that each area reflects existing law.  They                 
  were  included  within  the  proposed  bill when  the  whole                 
  section  was  rewritten   by  the   drafter.    In   further                 
  discussion, the sponsor  advised that  questioned  areas are                 
  not subject to  the minimum fine.  It  only applies to minor                 
  consuming provisions.                                                        
                                                                               
  In response to a question  from Senator Donley, Mr.  Ambrose                 
  advised  that under  existing  statutes  for offenses  where                 
  juveniles are  automatically tried  as  adults (traffic  and                 
  fish and game  violations) provisions require an  appearance                 
  by a parent,  guardian, or  legal custodian.   The  proposed                 
  bill would bring alcohol offenses within that requirement.                   
                                                                               
  Discussion  followed  between  Senator  Zharoff and  Senator                 
  Taylor regarding  parental  responsibility  for  actions  of                 
  minors.  The  sponsor said that  the proposed bill seeks  to                 
  interfere in  the parent and child relationship  at an early                 
  stage and provide court system support to the parent.                        
                                                                               
  Referencing fiscal notes accompanying  the bill, Co-chairman                 
  Halford asked  if warrentless arrest  provisions would  have                 
  fiscal  impact.   Mr. Ambrose  responded negatively,  adding                 
                                                                               
                                                                               
  that  similar  provisions were  passed  by the  Senate, last                 
  year, with zero notes.                                                       
                                                                               
  In  the  discussion  of  fiscal  notes,  Co-chairman   Frank                 
  inquired concerning  the threshold whereafter  an individual                 
  is entitled to the services of the public defender.  Senator                 
  Taylor responded,  "When it's  a misdemeanor."   The  agency                 
  does not  have jurisdiction to  handle cases covered  by the                 
  proposed bill.                                                               
                                                                               
  Senator Phillips MOVED  for passage  of CSSB 46  (Fin).   No                 
  objection having been raised, CSSB 46 (Fin) was REPORTED OUT                 
  of committee with a $66.9 fiscal  note from the Court System                 
  and  zero  notes  from  the  Dept.   of  Law  and  Dept.  of                 
  Administration (Public Defender Agency).                                     
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting was adjourned at approximately 10:40 a.m.                        
                                                                               

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