Legislature(1995 - 1996)

03/01/1995 01:34 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SJUD - 3/1/95                                                                 
                                                                               
           SB  14 INCREASED PENALTIES FOR JOYRIDING                           
                                                                              
 SENATOR MILLER moved the adoption of Work Version O, dated 2/28/95,           
 as the new work version.  SENATOR ADAMS objected until the                    
 committee heard a review by the Department of Law.                            
                                                                               
 MARGOT KNUTH stated Version O approaches the issue from a new                 
 angle, but provides more flexibility to the state and has the same            
 finish line.  It changes the sentencing provision under AS                    
 11.46.484(c) by making a second joyriding offense a felony if the             
 offender is 18 years of age or older (line 5).  Two other                     
 conditions already exist in which a joyriding offense can be                  
 classified as a felony: when more than $500 worth of damage to the            
 vehicle occurs; and when the vehicle is a police, or other                    
 emergency, vehicle.  Those two provisions have not been impacted by           
 SB 14 and allow the prosecutor's office the flexibility to put a              
 minor through delinquency proceedings for a felony.  When those               
 circumstances apply, this may be appropriate if the offender's past           
 history warrants detention or monitoring.                                     
                                                                               
 MS. KNUTH explained that in most cases, the principle concern is to           
 deter the person from re-offending and to get restitution for the             
 vehicle owner.  She felt this can be best accomplished in district            
 court, which has the power of supervision over probation.  Version            
 O maintains those offenses as misdemeanors for juveniles in                   
 district court.                                                               
                                                                               
 MS. KNUTH explained Section 2 addresses a technical oversight                 
 regarding emergency vehicles.  Section 3 allows the revocation of             
 driving privileges for joyriding offenses.  Section 4 specifies the           
 length of time for license revocations.  Section 5 requires                   
 juveniles to appear in district court for joyriding offenses.                 
                                                                               
 Number 382                                                                    
                                                                               
 SENATOR ADAMS asked if juveniles appearing in district court would            
 be charged with misdemeanors for the first two offenses, and with             
 a felony on the third offense.  MS. KNUTH stated that is correct.             
 SENATOR ADAMS asked if an adult would be charged with a misdemeanor           
 for the first offense, and with a felony for the second offense.              
 MS. KNUTH clarified that juveniles arrested for joyriding offenses            
 will always be charged with a misdemeanor; the offense could only             
 be charged as a felony after the offender turns 18, unless more               
 than $500 worth of damage is caused, or an emergency vehicle is               
 used (in which case felony charges would be pursued through                   
 juvenile delinquency proceedings which do not result in adult                 
 convictions).                                                                 
                                                                               
 SENATOR ADAMS questioned whether a first time adult offender is               
 charged with a misdemeanor, and a second time adult offender is               
 charged with a felony.  MS. KNUTH replied affirmatively.  SENATOR             
 ADAMS asked if Version O changes the fiscal notes submitted for the           
 original version of SB 14.  MS. KNUTH was uncertain whether fiscal            
 notes were submitted for the original version.  She noted that                
 approach raised the joyriding offense to a felony which would have            
 had significant fiscal impacts on the Departments of Law and                  
 Corrections.  Version O will have a much smaller fiscal impact.               
                                                                               
 Number 403                                                                    
                                                                               
 SENATOR ADAMS commented many versions of SB 14 have been considered           
 but the fiscal impacts of those changes have not been addressed.              
                                                                               
 SENATOR TAYLOR commented that he understood Version O to raise the            
 second juvenile joyriding offense to a felony.  MS. KNUTH stated              
 the second offense would only be raised to a felony if the offender           
 had turned 18.                                                                
                                                                               
 JUANITA HENSLEY, Division of Motor Vehicles, Department of Public             
 Safety, testified.  She explained the original version of SB 14               
 would have no impact on the Division of Motor Vehicles.  Version O            
 will impact the Division since court ordered license revocations              
 would have to be processed, however the revenue generated from                
 license reinstatement fees would offset processing costs and                  
 provide a source of revenue.                                                  
                                                                               
 SENATOR TAYLOR noted the fiscal note on Version O from the                    
 Department of Corrections should reflect a decrease in costs.                 
                                                                               
 Number 431                                                                    
                                                                               
 MS. KNUTH noted that Version O inadvertently includes a mandatory             
 3 day prison sentence.  JERRY LUCKHAUPT, Division of Legal                    
 Services, explained that when drafting Version O he removed two               
 sections that were in the previous version of SB 14, at the                   
 committee's request.  One of those sections created a new offense             
 specific to juveniles, and made it consistent with other                      
 misdemeanor joyriding offenses.  That provision mandated a 3 day              
 prison sentence, of which 2 days could be served by doing community           
 service.  When that section was removed, the ability to replace               
 prison time with community service was removed.  He suggested                 
 reinstating the community service provision by including a clause             
 that states that AS 12.55.135 (f) would only apply to offenders at            
 least 18 years of age.                                                        
                                                                               
 SENATOR TAYLOR stated that under existing law, juveniles never                
 serve prison time.  MS. KNUTH clarified that if that amendment were           
 made, the 3 day prison sentence would not be mandatory, but would             
 allow the judge to determine whether it is warranted, depending               
 upon the circumstances of the particular offense.                             
                                                                               
 Number 470                                                                    
                                                                               
 SENATOR ADAMS asked if the amendment would provide the judge with             
 the option of imposing the prison sentence.  MS. KNUTH replied                
 affirmatively.  SENATOR ADAMS noted he was not opposed to that                
 provision.  MR. LUCKHAUPT reiterated the mandatory 3 day prison               
 sentence would only apply to offenders over the age of 18.                    
                                                                               
 SENATOR ADAMS removed his objection to the motion to adopt Version            
 O as the working version.  The motion was adopted.                            
                                                                               
 SENATOR TAYLOR moved to adopt the conceptual amendment to be                  
 drafted by Mr. Luckhaupt, to remove the mandatory 3 day prison                
 requirement for offenders under the age of 18.  There being no                
 objection, the motion passed.                                                 
                                                                               
 SENATOR TAYLOR commented SB 14 was originally introduced to raise             
 the penalties for all joyriding violations from a criminal mischief           
 3 class A misdemeanor to a criminal mischief 2 class C felony.  The           
 second joyriding conviction within 7 years would have been raised             
 from a criminal mischief 2 class C felony to a criminal mischief 1            
 class B felony.  After public testimony was taken, the committee              
 has found that over 50 percent of the offenders are juveniles who             
 are not appearing in court because of their juvenile status.  As a            
 consequence, the committee has redrafted the legislation to address           
 the 50 percent of juvenile cases that are not being handled                   
 effectively.                                                                  
                                                                               
 SENATOR MILLER moved SB 14 (am) with the conceptual amendment out             
 of committee with individual recommendations.  There being no                 
 objection, the motion passed.                                                 

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