HOUSE FINANCE COMMITTEE January 19, 1994 1:36 p.m. TAPE HFC 94-6, Side 2, #000 - end. TAPE HFC 94-7, Side 1, #000 - end. TAPE HFC 94-7, Side 2, #000 - 433. CALL TO ORDER Co-Chair Larson called the House Finance Committee to order at 1:36 p.m. PRESENT Co-Chair Larson Representative Hoffman Co-Chair MacLean Representative Martin Vice-Chair Hanley Representative Navarre Representative Brown Representative Parnell Representative Foster Representative Therriault Representative Grussendorf ALSO PRESENT Senator Rick Halford; Senator Dave Donley; Representative Joe Sitton, Representative Bill Williams; Arthur H. Snowden, II, Administrative Director, Alaska Court System; Edward McNally, District Attorney, Department of Law; Dean Guaneli, Chief, Assistant Attorney General, Department of Law; Margot Knuth, Criminal Division, Department of Law; Brant McGee, Director, Office of Public Advocacy, Department of Administration; Paula Terrel, Staff, Representative Sitton; Jeanneane Henry, Ketchikan; John Ealey, Anchorage. SUMMARY INFORMATION HB 28 "An Act relating to the penalty for providing alcoholic beverages to a person under the age of 21; and providing for an effective date." CSHB 28 (JUD) was reported out of Committee with a "do pass" recommendation and with a zero fiscal note by the Department of Law; two zero fiscal notes by the Department of Administration; a zero fiscal note by the Department of Public Safety; a fiscal impact note by the Department of Revenue; and with a fiscal impact note by the Department of Corrections; a fiscal impact note by the Alaska Court System. HB 195 "An Act authorizing youth courts by which to 1 provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts, and relating to young adult advisory panels in the superior court." CSHB 195 (FIN) was reported out of Committee with a "do pass" recommendation and a zero fiscal note by the Department of Community and Regional Affairs; and a zero fiscal note by the Department of Health and Social Services. SB 19 "An Act relating to the crime of conspiracy." HCS CSSB 19 (FIN)am was HELD in Committee for further discussion. HOUSE BILL NO. 28 "An Act relating to the penalty for providing alcoholic beverages to a person under the age of 21; and providing for an effective date." REPRESENTATIVE BILL WILLIAMS provided members with written testimony in support of CSHB 28 (JUD) (copy on file). He summarized his written remarks. He noted that CSHB 28 (JUD) would make providing alcohol to a minor a class "C" felony on the second offense, if the offender had been convicted within the past five years. MARGOT KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW expressed concern that the legislation would not accomplish the sponsor's desired goal as a deterrent. She pointed out that the Superior Court has a busier docket than the District Court. She estimated that the offense would receive greater attention as a serious misdemeanor than as a less serious felony. Ms. Knuth emphasized that the legislation would result in additional costs to the state. She pointed out that felony charges would have to go before a grand jury and/or have a preliminary hearing. She added that felony cases generally result in supervision. She did not think that offenders of the offense would warrant costly supervision. Representative Parnell asked if the Superior Court could delegate cases to the District Court. Ms. Knuth replied that cases could not be heard by the District Court unless 2 the charge was reduced to a misdemeanor. Ms. Knuth preferred the revision made in the House Judiciary Committee to the original legislation. House Bill 28 was amended in the House Judiciary Committee to reduce the felony penalty from the first to the second offense. Representative Martin suggested that the legislation would be a good deterrent. Representative Brown asked if a parent could legally provide alcohol to their own under age child. Ms. Knuth explained that statutes that provide permission for a parent to allow their child to consume alcohol would not be altered. The right to consume alcohol in a religious ceremony would not be effected. The legislation would only change the penalty for existing crimes. Ms. Knuth estimated that a superior court judge would issue a lesser sentence than a district court judge because of the seriousness of the offenses before their court. Representative Williams emphasized that the "slap on the wrist" approach is not effective. He asserted that a stiffer penalty is needed. In response to a question by Co-Chair MacLean, Ms. Knuth explained that a bootlegger involved in providing alcohol to a minor would have additional charges brought against them. Representative Navarre asked if the legislation would affect minors who provide alcohol to other minors. Ms. Knuth explained that the age of majority would be 18 for the offense. Minors under the age of 18 would be referred to the Division of Family and Youth Services. JEANNEANE HENRY, KETCHIKAN testified on behalf of the legislation. She asserted that minors are not psychologically prepared for the consumption of alcohol. She strongly urged the Committee to adopt stronger penalties for providing alcohol to minors. Ms. Knuth interjected that the Department of Law feels that alcohol consumption by minors is a serious problem. She stressed the need for stronger enforcement of existing laws. Representative Hoffman spoke in support of the legislation. He felt that the penalty should match the crime. Ms. Knuth reiterated that the Superior Court may not issue a stiffer sentence. Representative Brown questioned the zero fiscal note issued by the Department of Law. Ms. Knuth emphasized that the 3 Department of Law would try to do more with less. On behalf of the sponsor, Representative Foster provided members with Amendment 1 (copy on file). Representative Williams explained that the amendment provides that if a person dies or is seriously injured as a result of alcoholic beverages furnished to a minor, the person who furnished the alcohol would have committed a felony, even if it is a first offense. Representative Therriault expressed concern that the penalty is based on the outcome of the act. He observed that the intent of the defendant would not differ whether the minor is injured or causes another to be injured. (Tape Change, HFC 94-7, Side 1) Representative Foster WITHDREW AMENDMENT 1. In response to a question by Co-Chair MacLean, Ms. Knuth described other non violent felony crimes. Representative Foster MOVED to report CSHB 28 (JUD) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CSHB 28 (JUD) was reported out of Committee with a "do pass" recommendation and with a zero fiscal note by the Department of Law; two zero fiscal notes by the Department of Administration; and with a zero fiscal note by the Department of Public Safety; a fiscal impact note by the Department of Revenue; a fiscal impact note by the Department of Corrections; a fiscal impact note by the Alaska Court System. HOUSE BILL NO. 195 "An Act authorizing youth courts by which to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts, and relating to young adult advisory panels in the superior court." REPRESENTATIVE SITTON spoke in support of CSHB 195 (JUD). He provided members with a sponsor statement and summarized his remarks (copy on file). He noted that CSHB 195 (JUD) has received wide support. He explained that the bill would 4 establish the creation of youth courts in Alaska. The bill would allow nonprofit corporations, municipalities and Native corporations to apply for a one time matching grant of $5,000 thousand dollars. Defendants and their parents must agree to allow the Youth Court to hear the case and the Youth Court must accept jurisdiction. The community legal assistance grant fund would be amended to provide for juvenile justice grants to establish and organize a youth court program. He stress the Anchorage Youth Court has been successful. JOHN EALEY, PRESIDENT, ANCHORAGE YOUTH COURT testified via the teleconference network from Anchorage, in support of the legislation. He stressed the success of the Anchorage Youth Court. Mr. Ealey explained that all misdemeanors and most felonies committed by juveniles could be handled by youth courts. He noted that violent felonies such as rape and murder are not handled by youth courts. The intake officers at McLaughlin Youth Center in Anchorage recommend which first time offenders are referred to the Youth Court. Crimes waived into an adult court would not be referred to a youth court. The Anchorage Youth Court is funded 100 percent through volunteer and private donations. Representative Brown referred to section 2. PAULA TERREL, STAFF, REPRESENTATIVE SITTON explained that section 2 was added to allow revision to the statutes. ARTHUR H. SNOWDEN, II, ADMINISTRATIVE DIRECTOR, ALASKA COURT SYSTEM added that the statute change reflect that funding for juvenile intake is an executive branch function. Co-Chair MacLean asked if regional or village corporationS would be eligible for the juvenile justice grants. Ms. Terrel thought that they would be eligible. Representative Parnell asked if there would be a savings to the Alaska Court System if the legislation is enacted. Mr. Ealey estimated that the Anchorage Youth Court has saved the state $200 thousand dollars. Mr. Ealey explained that youth courts are diversion programs. No jail or detention time would be incorporated into penalties issued by youth courts. Co-Chair Larson recommend that on page 1, line 1, "by which" be deleted for clarification of the title. Representative Foster MOVED to Delete on page 1, line 1, "by 5 which." There being NO OBJECTION, it was so ordered. Representative Navarre MOVED to report CSHB 195 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 195 (FIN) was reported out of Committee with a "do pass" recommendation and a zero fiscal note by the Department of Community and Regional Affairs; and a zero fiscal note by the Department of Health and Social Services. SENATE BILL NO. 19 "An Act relating to the crime of conspiracy." Representative Grussendorf expressed concern that the fiscal impact note by the Alaska Court System was reduced to zero. Representative Brown provided members with Amendment 1 (copy on file). She explained that Amendment 1 would prevent defendants from being convicted for the crime and the conspiracy of the crime. DEAN GUANELI, CHIEF ASSISTANT ATTORNEY, DEPARTMENT OF LAW spoke in opposition to Amendment 1. He pointed out that conspiracy is a separate crime. He emphasized that prosecutors may only be able to get a conviction for a separate lesser charge, although strong evidence of a conspiracy exists. He added that if a defendant's conviction is overturned on appeal there would be no penalty unless a second conviction exists. Mr. Guaneli pointed out that conspiracy would not be subjected to mandatory consecutive sentencing. (Tape Change, HFC 94-7, Side 2) SENATOR DONELY noted that charges could be stacked. Mr. Guaneli acknowledged that the judicial process will determine the interpretation of the sentencing for multiple count convictions including conspiracy. He noted that the Court of Appeals prevents excessive sentencing. He continued to discuss consecutive sentencing practices. Representative Brown MOVED to ADOPT AMENDMENT 1. Representative Hanley OBJECTED. A roll call vote was taken on the motion. IN FAVOR: Brown, Hoffman OPPOSED: Foster, Grussendorf, Hanley, Martin, Navarre, 6 Parnell, Therriault, Larson, MacLean Representative Martin was not present for the vote. The MOTION FAILED (2-8). Representative Brown provided members with Amendment 2 (copy on file). Representative Brown explained that Amendment 2 would provide that the prosecution would have to prove that a defendant communicated their agreement to others involved in the conspiracy. She observed that, under the current legislation, guilt could be inferred through circumstances. Mr. Guaneli spoke against Amendment 2. He pointed out that it is difficult to prove what words were spoken when the action takes place in secret. Representative Hanley expressed concern that the amendment would weaken the legislation. Senator Donely interjected that a defendant could be found to agree if they do not actively disagree. Members expressed concern that an individual's failure to share knowledge of a crime, due to fear of personal injury, would be interpreted as an agreement. BRANT MCGEE, DIRECTOR, OFFICE OF PUBLIC ADVOCACY, DEPARTMENT OF ADMINISTRATION testified via the teleconference network from Anchorage. He suggested that "agree" be changed to "communicate agreement." Mr. Guaneli estimated that the change suggested by Mr. McGee would probably have the same effect as Amendment 2. Mr. Guaneli assured members that a defendants mere presence during contemplation of a crime would not be sufficient to obtain a conviction. Representative Brown MOVED to ADOPT AMENDMENT 2. Representative Hanley OBJECTED. A roll call vote was taken on the motion to ADOPT AMENDMENT 2. IN FAVOR: Brown, Hoffman, Grussendorf, Navarre, MacLean OPPOSED: Foster, Hanley, Martin, Parnell, Therriault, Larson The MOTION FAILED (5-6). HCS CSSB 19 (FIN)am was HELD in Committee for further discussion. 7 ADJOURNMENT The meeting adjourned at 3:32 p.m. 8