Legislature(1995 - 1996)
05/08/1995 04:05 PM JUD
* first hearing in first committee of referral
= bill was previously heard/scheduled
= 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.