HB 56-INCLUDE ARSON IN CRIMES OF CONSPIRACY  1:48:14 PM CHAIR FRENCH announced the consideration of HB 56. REPRESENTATIVE MAX GRUENBERG, prime sponsor of HB 56, said his staff member would present the bill, which adds arson in the first degree and arson in the second degree to the conspiracy statute. 1:48:49 PM MILES BROOKES, staff to Representative Max Gruenberg, introduced HB 56 by speaking to the following sponsor statement: House Bill 56 adds first and second degree arson to Alaska's conspiracy statute, which will provide strong deterrents to committing arson and close a loophole in current law. HB 56 was drafted after it became apparent during a committee hearing last session that arson is not currently included in Alaska's conspiracy statute. Because of this, arsonists may only be charged with a crime if the arson is attempted or completed, and they cannot be charged with the separate crime of conspiracy if two or more people are involved in the arson. This bill only adds first and second degree arson [to the list of serious felony offenses for which a person could be charged with the crime of conspiracy.] ¾Conspiracy: an agreement by two or more people to commit a crime with at least one overt act committed towards the completion of the crime. ¾Arson in the first degree: damaging property by fire or explosion and recklessly placing another person (including emergency personnel) in danger or serious physical injury. (Class A Felony) ¾Arson in the second degree: knowingly damages a building by fire or explosion. (Class B Felony) ¾Conspiracy to commit a Class A Felony (Arson One) is a Class B Felony. ¾Conspiracy to commit a Class B Felony (Arson Two) is a Class C Felony. HB 56 will fix those problems. Including arson in the conspiracy statute will provide stronger punishments, whether or not conspirators actually complete the arson. Under HB 56, if arson is committed, the conspiring arsonists can [be] charged with both arson and conspiracy, rather than just arson under the current law. If the arson is not completed, however, this bill will allow conspirators to be prosecuted for conspiracy to commit arson, which is not punishable under current law. REPRESENTATIVE GRUENBERG added that a charge of conspiracy requires a criminal agreement and one act towards that agreement. He highlighted that much less of an actus reus is required than for an attempt, which requires a substantial step towards the final crime. CHAIR FRENCH asked Ms. Carpeneti to remind the committee of the difference between attempt and conspiracy. 1:51:40 PM ANNE CARPENETI, Assistant District Attorney, Criminal Division, Legal Services Section, Department of Law (DOL), explained that the elements of conspiracy are an agreement between at least two people with the specific intent to commit a crime, and one act in furtherance of that agreement. CHAIR FRENCH recalled that there could not be attempted conspiracy. MS. CARPENETI agreed. CHAIR FRENCH asked why Alaska law had a specific list of crimes that can be subject to a conspiracy charge. MS. CARPENETI explained that when the Legislature revised the criminal code in 1978 it decided not to have a conspiracy provision in the substantive criminal law. In the early 1980s, the Legislature changed its collective mind and passed a conspiracy provision that was limited to certain very serious crimes, each of which would more likely happen by agreement among people. CHAIR FRENCH commented that there can't be conspiracy to commit theft, for example. MS. CARPENETI agreed, and added that the least serious offense on the list of crimes that can be subject to a conspiracy charge is a class B felony. HB 56 would add a class A felony crime, [arson in the first degree] and a class B felony crime, [arson in the second degree]. 1:53:47 PM SENATOR COGHILL asked about the difference between proving attempted arson versus conspiracy to commit arson. MS. CARPENETI explained that to prove conspiracy to commit arson the evidence would have to show, for example, that two or more people conspired and agreed to burn a building to make a claim for insurance. The evidence would also have to show that in furtherance of that agreement, one or more of the people went out and purchased incendiary materials. The two acts together - the agreement to burn the building and the purchase of fuel - prove conspiracy. An example of attempted arson would be a person who decides to burn his or her house for insurance. The person purchased the fuel, spread it around the house, and lit a match, but for some reason the fire did not catch and the house was not destroyed. To prove attempted arson, proof of specific intent is required. SENATOR COGHILL asked if a charge of conspiracy would be in addition to other charges. MS. CARPENETI replied it depends, but it is unique to the conspiracy law that a person can be convicted of both conspiracy and the completed crime. The probable rationale is that once people agree to commit a crime, it's more likely to happen than if just one person thinks about it. SENATOR COGHILL commented that if somebody was suspected of arson, an investigation would likely ensue to look for some conspiratorial action. MS. CARPENETI said yes and reiterated that these crimes are difficult to prove and the prosecutions are rare. 1:57:19 PM DAN JAGER, Fire Marshall, Capital City Fire/Rescue, Juneau, AK, testified in support of HB 56. He informed the committee that he was a member of the Alaska Association of Fire and Arson Investigators and had actively investigated fires across the state for 10 years. He said the crime of arson is difficult to investigate and catching the person responsible is even harder. The 2011 statistics for Juneau show more than 30 fires classified as arson or suspicious in nature, and suspects have been identified in just three cases. MR. JAGER said it was his experience that arson usually involves planning and execution by more than one person. Under current law, arsonists can only be charged with a crime if arson is completed or attempted, and attempted arson requires proof that a substantial step towards arson occurred. Without HB 56, two or more people who conspire and act to commit arson can't be charged with conspiracy. Passing the bill will provide stronger punishment whether or not the conspirators complete the arson. 2:00:00 PM REPRESENTATIVE GRUENBERG supplemented Ms. Carpeneti's history of the conspiracy statute and said he didn't know why arson wasn't included when the statute passed initially. CHAIR FRENCH closed public testimony and announced he would hold HB 56 in committee.