Legislature(1995 - 1996)

05/08/1995 04:05 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               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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