Legislature(2005 - 2006)BUTROVICH 205
04/22/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB85 | |
| HB88 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 85 | TELECONFERENCED | |
| + | HB 88 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 88-CRIM LAW: MINORS, SCHOOLS, DRUGS, SENTENCES
10:08:26 AM
CHAIR SEEKINS announced HB 88 to be up for consideration.
MS. ANNE CARPENETI, Department of Law (DOL) introduced HB 88,
which is designed to respond to the problems of violence in
schools and also violence among juveniles relating to guns.
Under HB 88 juveniles who are 16 or 17 years old who use guns in
certain circumstances would be automatically waived to adult
court. Those circumstances are; using a gun during a drug felony
crime and drive by shootings. The court may mitigate a sentence
for a defendant who has cooperated with the authorities in the
prosecution of the case.
The definition of recreation or youth center has been changed to
add those run by private groups. HB 88 makes the aggravating
factor apply to arson (AS 11.46.400) but the committee would
have to amend it to include a building on school grounds if they
want the arson aggravating factor to stay.
10:12:51 AM
MS. CARPENETI asserted arson against a school building should be
considered.
10:13:06 AM
MS. PATTY WARE, director, division of juvenile justice, (DJJ)
Department of Health and Social Services (DHSS) offered to
answer questions. HB 88 adds offenses for juveniles who are age
16 and older in terms of them being processed and treated as an
adult.
CHAIR SEEKINS said HB 88 sounds strangely familiar.
SENATOR THERRIAULT advised it was similar to SB 65. He moved to
Amendment 1.
Strike Section 1.
Hearing no objections, Amendment 1 carried.
Chair Seekins announced a brief recess at 10:15:37 AM.
Chair Seekins reconvened the meeting at 10:19:59 AM.
CHAIR SEEKINS and the committee reviewed CSSB 65(JUD).
SENATOR FRENCH commented HB 88 focuses on juveniles who perform
adult-type crimes.
10:24:01 AM
SENATOR FRENCH said HB 88 is the more likely vehicle to pass
legislation this term. He suggested replacing Section 3 of HB 88
with Section 1 of CSSB 65(JUD).
SENATOR THERRIAULT commented the only difference is the issue of
arson. HB 88 Section 3 added AS 11.46.400, which is problematic.
MS. CARPENETI stated the problem would be fixed by an amendment.
SENATOR THERRIAULT asked whether the committee wants to delete
arson or confine it to arson against school buildings.
SENATOR FRENCH asserted arson against school property was a
problem in his community.
10:25:08 AM
MS. CARPENETI said in order to leave arson in HB 88 the
committee would have to limit it to school buildings on school
grounds or school busses.
SENATOR FRENCH moved Amendment 2.
Strike HB 88 Section 3 and insert CSSB 65(JUD) Section 1.
Hearing no objections, Amendment 2 was adopted.
10:26:42 AM
SENATOR FRENCH proposed Amendment 3, which adds arson. Hearing
no objections, Amendment 3 was adopted.
10:29:07 AM
SENATOR FRENCH asked Ms. Carpeneti whether the DOL supports the
mitigater.
MS. CARPENETI replied yes.
SENATOR THERRIAULT asked Ms. Carpeneti to comment on the
difference in HB 88 and CSSB 65(JUD) in regards to first and
second-degree weapon use.
10:31:43 AM
MS. CARPENETI said CSSB 65(JUD) included both first and second-
degree misconduct involving weapons. HB 88 would not waive for
certain behavior, such as possessing a concealed weapon on
school grounds and behavior with discharging of a firearm at or
in the direction of a building with reckless disregard for
physical injury to a person or a dwelling.
SENATOR THERRIAULT asked whether the DOL agreed to the narrowing
of the statute.
MS. CARPENETI advised they spoke against it.
SENATOR THERRIAULT asked the reasoning.
MS. WARE interjected to explain the thinking had to do with what
Senator French mentioned earlier - the decision to waive
juveniles into adult court. The discussion centered on the
seriousness of second degree versus first degree and possession
versus actually using a gun during a crime. In terms of the
numbers, in a two-year period the DJJ reported 16 juveniles were
charged with misconduct involving weapons in the first degree
and the second degree. Under the narrower version, the DJJ would
have waived five of these juveniles into the adult system. Under
the broader definition, all 16 juveniles would have been waived
into adult court.
10:34:18 AM
SENATOR GUESS asked Ms. Ware whether the DJJ has the discretion
to waive cases into the adult system.
MS. WARE replied they do under the existing statutes any offense
that is deemed serious enough they connect with the district
attorney's office and petition the court for a waiver of the
individual into the adult court system.
SENATOR FRENCH clarified HB 88 allowed for an automatic waiver.
MS. CARPENETI interjected the argument on the other side is that
an automatic waiver is a serious step, so they decided it best
to best to start with the first degree offense and later look
into second degree.
SENATOR THERRIAULT agreed with the narrower scope.
SENATOR THERRIAULT asked for clarification on Section 1,
subparagraph (B). He wondered whether an after school swim club
at a local gym would be included.
MS. WARE explained the key word in Section 1, subparagraph (B)
is "licensed". The DHSS licenses an array of facilities for
shelter services for children. The example given would not be
covered.
SENATOR THERRIAULT asked about a boys and girls club.
MS. WARE responded they were not licensed.
10:38:53 AM
CHAIR SEEKINS announced the committee would wait for a clean
version of the amended bill before going further.
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