04/26/1994 04:15 PM Senate JUD

 SENATOR TAYLOR brought CSHB 231(FIN) (AGGRAVATING/MITIGATING                  
 FACTORS;SEX CRIMES) before the committee as the next order of                 
 business.                                                                     
                                                                               
 GEORGE DOZIER, staff to Representative Pete Kott, explained the               
 legislation addresses aggravating factors and the presumptive                 
 sentencing of sex criminals.  It has been pointed out by the Alaska           
 Sentencing Commission that there are certain gaps in the coverage             
 of aggravating factors in current statute.  Currently, there is no            
 aggravating factor where a defendant is convicted of sexual abuse             
 of a minor and has previously committed sexual assault against an             
 adult, and HB 231 makes that an aggravating factor.  If the bill              
 becomes law, then any individual that is subject to presumptive               
 sentencing for a sex crime and also committed the same or similar             
 conduct which is a sex crime it will be considered to be an                   
 aggravating factor, whether or not it was against an adult or a               
 minor.                                                                        
                                                                               
 Number 273                                                                    
                                                                               
 MARGO KNUTH, Department of Law, said this is a recommendation made            
 by the Alaska Sentencing Commission.  She agreed that there is a              
 loophole in the law and passage of the legislation will close that            
 gap.                                                                          
                                                                               
 Number 287                                                                    
                                                                               
 SENATOR LITTLE moved that CSHB 231(FIN) be passed out of committee            
 with individual recommendations.  Hearing no objection, it was so             
 ordered.