Legislature(2001 - 2002)

04/23/2002 08:38 AM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SENATOR COWDERY moved to calendar  SCR 31-SUSPEND UNIFORM RULE FOR                                                          
HB 297 at the Chairman's discretion.                                                                                        
                                                                                                                                
SENATOR ELLIS asked why the title change is necessary.                                                                          
                                                                                                                                
MS. LORALI CARTER,  staff to Representative Kevin  Meyer, said the                                                              
title was  changed at Senator Halford's  request so that  it could                                                              
be  used  as   a  vehicle  to  move  some  language   on  juvenile                                                              
restitution. She  noted that Section 2  of HB 297 is  the original                                                              
language  on  aggravator for  sexual  assault;  Sections  1 and  3                                                              
through 6 are new.                                                                                                              
                                                                                                                                
SENATOR  ELLIS  asked if  Representative  Meyer  supports the  new                                                              
language and whether it is non-controversial.                                                                                   
                                                                                                                                
MS. CARTER answered affirmatively.                                                                                              
                                                                                                                                
SENATOR ELLIS asked what it does.                                                                                               
                                                                                                                                
MS. CARTER  explained that Section  1 creates a new  section under                                                              
restitution and  declares that if  a conviction is set  aside, the                                                              
restitution will  remain enforceable.  Sometimes a conviction  can                                                              
be  set aside  if  part  of the  sentence  has been  served.  This                                                              
section  makes sure  the restitution  will  still be  paid to  the                                                              
victim even if the conviction is set aside.                                                                                     
                                                                                                                                
SENATOR  THERRIAULT asked  if being  set aside  is different  than                                                              
being exonerated.                                                                                                               
                                                                                                                                
MS. CARTER said  that is correct. She then explained  that Section                                                              
3 relates to delinquency disposition  orders. Current law requires                                                              
juveniles  and parents  to submit full  financial statements  when                                                              
restitution  is being decided.  This amendment  will require  full                                                              
financial statements only in cases  where one party requests them,                                                              
that being  the Department  of Law, the  court, or the  defendant.                                                              
Full financial statements, in most  cases, are usually unnecessary                                                              
if the  amount of the restitution  is comparable to  the permanent                                                              
fund  dividend. If  damage is  in the  tens of  thousands, one  of                                                              
those parties would likely request full financial disclosure.                                                                   
                                                                                                                                
SENATOR  ELLIS asked  if Section  3 was  in the bill  when it  was                                                              
heard in the Senate Judiciary Committee.                                                                                        
                                                                                                                                
MS. CARTER said it was.                                                                                                         
                                                                                                                                
SENATOR ELLIS asked Senator Therriault  if he remembers discussing                                                              
it.                                                                                                                             
                                                                                                                                
SENATOR THERRIAULT said he does not  remember. He asked if someone                                                              
from the Department of Law was present.                                                                                         
                                                                                                                                
MS. CARTER said no.                                                                                                             
                                                                                                                                
CHAIRMAN  PHILLIPS asked if  it is  the will  of the committee  to                                                              
hold SCR 31.                                                                                                                    
                                                                                                                                
SENATOR THERRIAULT  said if it is  not scheduled for 24  hours, he                                                              
can get  his questions  answered. He  then noted  he would  like a                                                              
description  of "set  aside" versus  "exoneration."   He  surmised                                                              
that the term "set aside" is not in statute.                                                                                    
                                                                                                                                
MS. CARTER said  she was not sure  but it is the term  used by the                                                              
Department of Law.                                                                                                              
                                                                                                                                
CHAIRMAN  PHILLIPS said  he would  like to  move the  bill out  of                                                              
committee and would not schedule it for at least 24 hours.                                                                      
                                                                                                                                
SENATOR  THERRIAULT   pointed  out   that  the  phrase   "suspends                                                              
imposition of sentence" is used in Section 1.                                                                                   
                                                                                                                                
SENATOR ELLIS  asked how a conviction  that is set aside  would be                                                              
noted on a juvenile record.                                                                                                     
                                                                                                                                
CHAIRMAN  PHILLIPS  suggested  sponsors  of  House  bills  contact                                                              
Senate  Rules  Committee  members  ahead  of time  to  respond  to                                                              
questions so that bills are not delayed.                                                                                        
                                                                                                                                
SENATORS  ELLIS  and  THERRIAULT  agreed  to move  the  bill  from                                                              
committee  and get  their questions  answered before  the bill  is                                                              
scheduled on the Senate floor.                                                                                                  
                                                                                                                                
SENATOR THERRIAULT  moved to  calendar SCR  31 and CSHB  297(JUD)-                                                          
AGGRAVATOR  FOR  SEXUAL OFFENSES  with  its  fiscal notes  at  the                                                          
Chairman's discretion.                                                                                                          
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.                                                                                                                        

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