Legislature(2007 - 2008)BELTZ 211
03/12/2008 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB165 | |
| SB164 | |
| SB264 | |
| HB268 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 264 | TELECONFERENCED | |
| + | HB 268 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 164 | ||
| = | HB 165 | ||
HB 268-MOTOR VEHICLE ARSON ON PUBLIC LAND
2:36:50 PM
CHAIR FRENCH announced the consideration of HB 268.
BEN MULLIGAN, staff to Representative Bill Stoltze, said HB 268
establishes that intentionally starting a fire or causing an
explosion that damages a motor vehicle is a class C felony. He
explained that the legislation was suggested by a community
where on average a dozen vehicles are burned each year.
2:37:58 PM
SENATOR WIELECHOWSKI asked if the community would be Jim Creek.
MR. MULLIGAN said that's correct, but according to testimony and
discussion before the House Judiciary Committee vehicle arson
occurs in other areas of the state as well. The bill was vetted
through the departments of public safety and law as well as the
Jim Creek community.
CHAIR FRENCH asked if the bill differentiates between a new car
and a junked vehicle.
MR. MULLIGAN replied they're treated the same way because the
hazard that the arson creates is the same.
CHAIR FRENCH asked how much of the car has to burn for the
statute to come into play. For example, would it apply to
setting a tire on fire.
2:40:14 PM
MR. MULLIGAN suggested he ask Trooper Dial, but he imagines that
it would mean the entire car since statute describes a motor
vehicle as one that's registered by the Division of Motor
Vehicles (DMV).
SENATOR WIELECHOWSKI suggested getting a legal opinion because
his interpretation is different. Noting that he's seen vehicles
that have been damaged with bats, tire irons and shotgun blasts,
he asked why the bill is limited to intentional damage by fire.
MR. MULLIGAN explained that fires and explosions affect more
than just the vehicle. The hazard potentially extends to the
public, first responders, and the habitat.
SENATOR THERRIAULT asked for a definition of motor vehicle. He
questioned whether it would have to have two axles, tires and be
capable of self propulsion. Referring to previous questions, he
said he wasn't sure if the Chair was trying to differentiate
between a part of a car or a BMW versus a junk car.
CHAIR FRENCH said he has concern about making it a felony crime
to damage a junked car. For example, kids could face felony
charges for having built a campfire against an already junked
car. "We may want to think about making certain that there's a
certain level of damage done to the car." The bill talks about
"damages" without placing any limitation on the significance of
the damage.
SENATOR THERRIAULT observed that the Chair wants to make sure
this doesn't capture the bonfire that's set to roast
marshmallows.
2:42:53 PM
CHAIR FRENCH acknowledged he's thinking about the more
insignificant instances that could provoke a felony charge,
which is a very serious charge to face.
SENATOR THERRIAULT commented that it's strange that if he were
to torch his own car on public property it'd be a felony charge,
but if he were to do the same thing on his own property it'd be
okay.
MR. MULLIGAN clarified that the bill was introduced to address a
problem in the sponsor's district that was occurring on state
and municipal land. If it should be addressed for private
property the sponsor could look at that.
SENATOR THERRIAULT said he understands the problem the bill
targets and he's sympathetic, but he just wants to make certain
this is the right approach.
2:44:06 PM
SENATOR WIELECHOWSKI asked if it's not already a class C felony
to burn someone's car because it would be destruction of
property worth more than $500. The question was deferred to Lt.
Dial.
CHAIR FRENCH asked Mr. Mulligan if he had anything to add.
MR. MULLIGAN pointed out that the bill talks about intentional
damage so intent must be proved. For that reason he doesn't
believe that someone who builds a bonfire that accidently burns
a vehicle would be prosecuted under this bill.
2:45:09 PM
DAVID TYLER, State Fire Marshal, thanked the sponsor for
addressing the problem of burning abandoned and derelict
vehicles. The bottom line is that it's hazardous to firefighter
safety, he said. Not much thought is given to these fires, but
they can be very hazardous. Front shock absorber bumpers can go
off like grenades and fuel tanks can explode. Another hazard
that's created is wild land fires. None have gotten to be
serious large fires yet, but it's just a matter of time.
Abandoned and burned vehicles can be found on the Chena Hot
Springs Road, Steese Highway, and the dike on the Tanana River.
Sometimes the vehicles are towed out and torched as a disposal
method.
2:47:35 PM
CHAIR FRENCH asked how often this occurs and if the typical car
is nice and has been stolen and torched for fun, or an old
beater that's torched for a different kind of fun.
MR. TYLER estimated that fire departments in the Interior
respond to vehicle fires between 20 and 30 times a year; he
didn't have numbers for the entire state. The cars are usually
older and abandoned. Sometimes they're torched to conceal a
crime.
2:48:23 PM
BRIT LIVELY, Butte resident, stated support for HB 268. She
addressed previous questions about the kind of vehicles that are
burned, whether there should be an exception for partial cars,
or incidental burnings from campfires. According to the fire
department, junk vehicles are usually towed or hauled in on
trucks. Sometimes they're filled with extra tanks or propane
bottles so that when they're torched the explosion is bigger.
But newer cars that were stolen in Anchorage are also hauled out
and torched. Recently a body was discovered in a car that had
been torched a year earlier, allegedly it was a drug-related
murder. In another instance a van load of stolen tires was
torched in a wooded location close to her house.
MS. LIVELY said she is one of the people who asked
Representative Stoltze to introduce this legislation. Although
some may think a class C felony for burning a car is "over the
top", HB 268 is the solution for keeping the Butte community
safe from this ongoing year-round problem, she said. Prior to
approaching the sponsor, Butte residents consulted state
troopers, emergency services, the local fire department, and a
volunteer legal professional. The consensus was that the
troopers didn't have the tools to deter this activity in the
state even though this has been an ongoing problem for over 25
years. In the 90s the National Guard gathered up the wrecks in
the Knik River Valley and Jim Creek area and dedicated
volunteers disposed of the monstrosities. However, this activity
has been accelerating and it's endangering local firefighters,
contaminating woods and waterways, placing homes and lives in
danger, and giving the area a reputation that contradicts the
values and standards of its residents. "In our opinion HB 268,
making car burnings a class C felony crime, will not jam up the
legal system, but will serve as a powerful deterrent for misfits
including gang members and car thieves who currently seem to
enjoy their dangerous and destructive pursuits." Also, it will
reassure residents and public land users that when they report
these deeds the authorities will have the tools to arrest and
prosecute these offenders. "HB 268 is an easy fix to convict,
but it is even a more easy fix to deter," she said.
2:55:59 PM
MARTY QUASS, resident of the MatSu Borough, said he strongly
supports HB 268. He lives on the Knik River and has a panoramic
view of the public use area under discussion. Over the years
he's had occasion to call 911 to report car burnings and the
typical response has been that resources aren't available and so
nothing can be done. It's time to change that, he said. One day
the woods will go up in flames and the Butte area residents will
have a major calamity on their hands.
CHAIR FRENCH observed that this behavior could be made a class A
felony crime and it's doubtful that it would do anything about
the manpower shortage that troopers and police face statewide.
2:57:50 PM
CHAIR FRENCH asked Lt. Dial why vehicle burning isn't a felony
criminal mischief.
RODNEY DIAL, Lieutenant, Alaska State Troopers, explained that
it's not a crime to damage your own vehicle, but it's criminal
mischief to damage another person's property. In some car
burnings it's possible to charge criminally negligent burning as
well, but when someone damages their own vehicle on state or
public land there isn't much that law enforcement can do. The
ability to take some enforcement action is one reason the
troopers support HB 268. He added that a class C felony allows
the court to assess a wide range of sentencing options, from no
time at all and suspended imposition of sentence, up to a couple
of years in prison.
CHAIR FRENCH set HB 268 aside for a subsequent hearing.
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