Legislature(1995 - 1996)
05/08/1995 04:05 PM House JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE JUDICIARY STANDING COMMITTEE
May 8, 1995
4:05 p.m.
MEMBERS PRESENT
Representative Brian Porter, Chairman
Representative Joe Green, Vice Chairman
Representative Con Bunde
Representative Cynthia Toohey
MEMBERS ABSENT
Representative Bettye Davis
Representative Al Vezey
Representative David Finkelstein
COMMITTEE CALENDAR
SB 154: "An Act relating to an aggravating factor at sentencing."
PASSED OUT OF COMMITTEE
WITNESS REGISTER
None
PREVIOUS ACTION
BILL: SB 154
SHORT TITLE: AGGRAVATING FACTORS AT SENTENCING
SPONSOR(S): JUDICIARY
JRN-DATE JRN-PG ACTION
04/07/95 920 (S) READ THE FIRST TIME - REFERRAL(S)
04/07/95 920 (S) JUDICIARY
04/21/95 (S) JUD AT 00:00 AM BELTZ ROOM 211
04/22/95 (S) JUD AT 10:00 AM BELTZ ROOM 211
04/28/95 (S) JUD AT 01:30 PM BELTZ ROOM 211
04/29/95 1334 (S) JUD RPT 3DP
04/29/95 1335 (S) ZERO FNS (LAW, ADM-2)
04/29/95 (S) JUD AT 02:30 PM BELTZ ROOM 211
04/29/95 (S) MINUTE(JUD)
04/29/95 (S) RLS AT 06:30 PM FAHRENKAMP ROOM 203
04/30/95 1363 (S) RULES TO CALENDAR 4/30/95
04/30/95 1364 (S) READ THE SECOND TIME
04/30/95 1365 (S) ADVANCED TO THIRD READING UNAN
CONSENT
04/30/95 1365 (S) READ THE THIRD TIME SB 154
04/30/95 1365 (S) PASSED Y18 N- E2
04/30/95 1365 (S) DUNCAN NOTICE OF RECONSIDERATION
05/01/95 1397 (S) RECONSIDERATION NOT TAKEN UP
05/01/95 1398 (S) TRANSMITTED TO (H)
05/02/95 1728 (H) READ THE FIRST TIME - REFERRAL(S)
05/02/95 1728 (H) JUDICIARY
05/08/95 (H) JUD AT 04:00 PM CAPITOL 120
ACTION NARRATIVE
NOTE: No tape is available for this meeting due to a malfunction
of the recording equipment.
The House Judiciary Standing Committee was called to order at 4:05
p.m. on Monday, May 8, 1995. A quorum was present.
Representatives Vezey, Finkelstein and Davis were absent. CHAIRMAN
BRIAN PORTER stated the only bill scheduled for hearing was SB 154.
SB 154 - AGGRAVATING FACTORS AT SENTENCING
CHAIRMAN BRIAN PORTER explained the bill. In the presumptive
sentencing scheme the court can increase the presumptive term for
aggravating factors, and can decrease the presumptive term for
mitigating factors. These sentencing considerations are set out in
statute. This bill amends one of the aggravating factors. In
current law a judge can increase the sentence of a defendant
convicted of sexual assault on a minor if the defendant has
committed similar bad acts on the same victim or another minor.
The court can increase the sentence of a defendant convicted of
sexual assault on an adult if the defendant has committed similar
bad acts on the same adult victim or another adult. This bill
expands the aggravating factor by allowing the court to increase
the sentence of a defendant convicted of sexual assault on a minor
if the defendant has committed sexual assault on an adult in the
past, and also allows the court to increase the sentence of a
defendant who is convicted of sexual assault and has committed
sexual abuse of a minor before.
REPRESENTATIVE CYNTHIA TOOHEY stated she thought it would be
unreasonable for the court not to aggravate in the circumstances
even with the present statute.
CHAIRMAN PORTER answered that criminal statutes must be very
precise, and courts cannot add to their breadth even when it would
seem reasonable to do so.
REPRESENTATIVE TOOHEY understood and stated she was happy that we
were making the statute more reasonable.
REPRESENTATIVE CON BUNDE made a motion to move SB 154 out of
committee with individual recommendations and four zero fiscal
notes attached. Hearing no objection, it was so ordered.
ADJOURNMENT
The House Judiciary Committee adjourned at 4:08 p.m.
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