Legislature(1999 - 2000)

03/27/2000 02:18 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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          HB 288-CHILDREN WITNESSING DOMESTIC VIOLENCE                                                                          
                                                                                                                                
MS. DENISE HENDERSON, staff to Representative Kott, started by                                                                  
saying that HB 288 is an Act relating to the creation of an                                                                     
aggravating factor for the commission of domestic violence in the                                                               
physical presence or hearing of a child.  This bill will add a new                                                              
section to statute 12.55.155(18).                                                                                               
                                                                                                                                
     At the present time, committing domestic violence in the                                                                   
     presence of a child is not included as a determining factor in                                                             
     the sentencing of the perpetrator.  Currently there is nothing                                                             
     in the Alaska statutes that would allow judges to factor the                                                               
     egregiousness of the crime into the sentencing.  This should                                                               
     be an aggravating factor in determining sentence for the crime                                                             
     of domestic violence.  This bill will expand the list to                                                                   
     protect the special vulnerability of children.  It will become                                                             
     a major factor in determining the severity of the crime and                                                                
     the resulting sentence thereof.  HB 288 will allow the courts                                                              
     to consider these factors to mitigate or aggravate the                                                                     
     severity of domestic violence when committed in the presence                                                               
     of a child.  This is valid criteria for the court in rendering                                                             
     sentence.                                                                                                                  
                                                                                                                                
     Mr. Chairman and fellow committee members, I myself have seen                                                              
     the long term emotional and psychological damage that violence                                                             
     in the home causes.  While working for the Juvenile Division                                                               
     of the District Attorney's Office in Albuquerque, New Mexico                                                               
     there was one underlying factor that always seemed to play a                                                               
     role in the lives of the children coming through the system                                                                
     "domestic violence."  Since moving to Anchorage, I have been                                                               
     employed with Abused Women's Aid in Crisis, where once again                                                               
     I witnessed the devastation that domestic violence has on                                                                  
     public advocacy in Anchorage.  This bill would not only bring                                                              
     awareness to the trauma that children bear in witnessing                                                                   
     domestic violence in the home, but will be instrumental in                                                                 
     breaking this on-going cycle.  The public policy that you are                                                              
     being asked to consider today is:  should the commission of                                                                
     the crime of domestic violence in the presence of a child be                                                               
     included on this list of factors.                                                                                          
                                                                                                                                
Number 763                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR commented that this bill considers factors that can                                                             
mitigate or aggravate the severity of the crime,  and speaks to                                                                 
this offense in AS 11.41 as being a felony--this will not include                                                               
"aggravating factor" on a misdemeanor.                                                                                          
                                                                                                                                
MS. HENDERSON agreed, saying it will only be considered in felony                                                               
domestic violence cases.                                                                                                        
                                                                                                                                
CHAIRMAN TAYLOR noted that AS 11.41 is sexual assault in the first                                                              
degree.                                                                                                                         
                                                                                                                                
Number 811                                                                                                                      
                                                                                                                                
SENATOR ELLIS asked why this bill only applies to felony domestic                                                               
violence.                                                                                                                       
                                                                                                                                
MS. HENDERSON responded that a lot of misdemeanor cases are not                                                                 
reported, and most of the emphasis in the court system is on felony                                                             
cases.                                                                                                                          
                                                                                                                                
SENATOR ELLIS commented that even misdemeanor cases have a negative                                                             
impact on children.                                                                                                             
                                                                                                                                
MS. HENDERSON agreed.                                                                                                           
                                                                                                                                
SENATOR ELLIS asked Ms. Henderson if she thought Representative                                                                 
Kott would accept the inclusion of misdemeanor cases.                                                                           
                                                                                                                                
MS. HENDERSON responded yes.                                                                                                    
                                                                                                                                
Number 905                                                                                                                      
                                                                                                                                
SENATOR HALFORD indicated that the definition in the Alaska statute                                                             
of "household members" is very broad.  Included in the definition                                                               
are adults or minors who are current or former spouses--that could                                                              
be 20 years ago, adults or minors who live together or who have                                                                 
lived together--at any time, engaged in a sexual relationship--at                                                               
any time, formerly related by marriage--at any time.  Senator                                                                   
Halford feels there should be a limitation on the definition of                                                                 
household member.  He did not realize that a special class of                                                                   
criminal, people who may not have seen each other for 20 years, was                                                             
being set up.                                                                                                                   
                                                                                                                                
                                                                                                                                
Number 1035                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR made the comment to Ms. Henderson that the                                                                      
committee is concerned with the definition of household, and that                                                               
there is no statute of limitation for the crime.                                                                                
                                                                                                                                
MS. HENDERSON explained that when the bill was originally drafted,                                                              
the interpretation was of a standard perception of household.                                                                   
Sometimes it is a good thing that the laws are written in an open                                                               
and broad way, and sometimes not.  Anyone at anytime, when there is                                                             
domestic violence, should be held accountable and hopefully the                                                                 
court will look at this as an aggravating factor.                                                                               
                                                                                                                                
Number 1210                                                                                                                     
                                                                                                                                
SENATOR HALFORD said he does not disagree, but there is no way to                                                               
amend the bill with this title.  The bill talks about one mitigator                                                             
in the broad category of domestic violence--he was not aware that                                                               
the statute was so broad.                                                                                                       
                                                                                                                                
SENATOR HALFORD moved to strike the last phrase on page 1, starting                                                             
with "a household member" and inserting "within the household."                                                                 
There being no objection, the motion carried.  The new language                                                                 
will read:                                                                                                                      
                                                                                                                                
     (C) specified in AS 11.41 that is a crime involving domestic                                                               
     violence and was committed in the physical presence or hearing                                                             
     of a child under 16 years of age who was, at the time of the                                                               
     offense within the household.                                                                                              
                                                                                                                                
SENATOR HALFORD moved SCS CSHB 288(JUD)am from committee with                                                                   
individual recommendations.  There being no objection, the motion                                                               
carried.                                                                                                                        
                                                                                                                                
CHAIRMAN TAYLOR apologized to Mr. Arthur Hansen for overlooking the                                                             
fact that he was waiting to testify via teleconference.                                                                         
                                                                                                                                
Number 1482                                                                                                                     
                                                                                                                                
MR. ARTHUR HANSEN, a dentist in Fairbanks, commented that it is                                                                 
part of the dental code of ethics that dentist's look for child                                                                 
abuse in their offices.  Mr. Hansen is involved with Prevent Abuse                                                              
And Neglect Through Dental Awareness (PANDA).  He and a police                                                                  
office in Anchorage helped instigate this bill.                                                                                 

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