Legislature(1995 - 1996)
03/17/1995 02:59 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SJUD - 3/17/95 SB 26 OFFENSES BY JUVENILE USING FIREARMS SENATOR DONLEY, sponsor of SB 26, testified before the committee. He stated in Anchorage there is a clear problem with juveniles bringing guns to school. Progress has been made over the past eight years in decreasing the problem, but police are concerned about the fact that the penalty is not a significant deterrent as offenders are treated through the juvenile process. SB 26 is aimed at second-time firearm violation offenders, and would require them to be waived into adult court. Number 340 SENATOR DONLEY stated there are a lot of suspensions occurring in Anchorage. He noted there is a new federal mandate relating to firearm offenders in educational facilities. He explained SB 26 deals with all firearms violations, not only those at educational facilities. He added that six years ago a law was passed which made it illegal to have a firearm on school property, but because the offenders are juveniles, the penalties are ineffective. Even when students were expelled, they were allowed to re-enroll in another school in the same school district after a certain period of time. Number 376 SENATOR ADAMS asked what the penalty would be for the second offense. SENATOR DONLEY clarified it would depend on the crime. The range would be huge, and would include a felony for armed robbery. SENATOR TAYLOR asked what the penalty would be for bringing a gun to school for the second time. SENATOR DONLEY replied it is a misdemeanor. Number 390 SENATOR GREEN noted that in conversations with judges, they have expressed great frustration that serious offenses by juveniles remain sealed. SENATOR DONLEY replied for a second offense, the individual would be tried as an adult in court which is open to the public. Number 402 MARGOT KNUTH, assistant attorney general with the Department of Law, testified. She noted Governor Knowles introduced HB 206 which relates to juveniles and guns, and several other measures are pending before the legislature on the same subject. She stated the administration cannot support SB 26, which has an automatic waiver for juveniles age 14 and over for a second weapon offense, for several reasons. She stated the bill goes too far, too early. HB 206, the Governor's bill, expands the use it, lose it concept, so that driving privileges would be revoked for offenses. According to Shirley Warner of the Anchorage Police Department, the use it, lose it approach has done more to curb alcohol use among juveniles, and the same holds true in Juneau. MS. KNUTH continued. Part of the problem is the dynamics of offenders. It isn't the severity of the sanction that deters people from committing crimes, but how much they believe they are going to get caught, and whether the imposition of sanctions seems realistic to them. Juveniles have difficulty believing they will end up in jail for certain offenses, but they do believe they may have their licenses revoked. She noted the state will lose $38 million in federal funds if, by October, a statute is not in place that requires the expulsion of a student for a minimum of one year for bringing guns on to school grounds. HB 28, sponsored by Representative Bunde, attempts to do that. The question of what to do with students that have been expelled needs to be addressed. HB 28 would also raise the level of the offense from a class B misdemeanor to a class A misdemeanor. Under existing law, the ability to petition for waiver of a juvenile exists, at any age, when unamenability to treatment can be shown. It is not automatic, but if the juvenile has committed a second offense, that argument is feasible. For those reasons, Ms. Knuth asked the committee to hold the bill. Number 450 SENATOR ADAMS asked what the state's plan is for continuing the education of a student who has been expelled from school. MS. KNUTH replied that issue is currently being discussed. SENATOR TAYLOR commented SB 26 does not provide for expulsion. Number 458 SENATOR ELLIS asked if SB 26 were to become law, a 14 yr. old, who brought a gun to school for the second time, would be waived into adult court. He also asked where the sentence would be served. MS. KNUTH responded the juvenile could not serve the sentence in the same institution as an adult due to federal prohibitions. She was not sure whether juveniles would serve the sentence at McLaughlin or whether special wings exist in adult prisons. SENATOR ELLIS noted McLaughlin is full, therefore they would most likely be at overcrowded adult facilities but segregated from the adult population. MS. KNUTH agreed. SENATOR TAYLOR added a judge could also fine the offender and take money from the individual's permanent fund dividend check, or assign community work. Number 472 KATHY TIBBLES, Director of the Division of Family and Youth Services, testified in opposition to SB 26 primarily because of the age range covered in the measure. She stated there are adolescents who are increasingly difficult to deal with, but at age 14 the opportunity to turn some juveniles around still exists. Existing statutes allow juveniles to be waived to adult court for heinous crimes which serves the purpose better than an automatic waiver, particularly for children as young as 14. Number 482 SENATOR TAYLOR stated no 14 year old would ever be impacted by SB 26 unless they had, at 13, committed the same offense. He commented the bill only applies to recidivists. MS. TIBBLES replied it is possible that an adolescent could be charged and adjudicated at 13 or 14 years of age for taking a weapon to school, or for shooting a stop sign. The second offense could be more serious, perhaps a felony offense. She added the federal law prohibiting transfer of a juvenile to an adult court starts at age 16. She thought it was possible that a 14 year old could end up in an adult jail as a result of a conviction in adult court if waived. She believed that would preclude any second chance available to try to turn the adolescent around. Number 499 SENATOR GREEN asked if a judge would be precluded at that point from alternate sentencing. SENATOR TAYLOR responded no judge in the state would be so naive to think he/she could place a 14 year old into an adult facility. Number 504 SENATOR DONLEY noted the administration recently supported a bill in the Finance Committee that required a child of any age to go to adult court for stealing a motor vehicle, for a first offense. He reiterated a second time firearm offender is a greater public safety threat than a person who commits a joyriding offense. He felt the administration's position to be inconsistent. Number 522 SENATOR GREEN suggested combining SB 26 with the "use it, lose it" bill and Representative Bunde's bill. SENATOR MILLER moved SB 26 out of committee with individual recommendations. There being no objection, the motion carried.
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