Legislature(1993 - 1994)
1993-03-01 House JournalFull Journal pdf
1993-03-01 House Journal Page 0486 HB 186 HOUSE BILL NO. 186 by the House Rules Committee by request of the Governor, entitled: "An Act relating to conspiracies to commit murder in the first degree, murder in the second degree, kidnapping, and certain drug offenses; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. 1993-03-01 House Journal Page 0487 HB 186 The following fiscal notes apply to HB 186: Fiscal note, Dept. of Corrections, 3/1/93 Fiscal notes (2), Dept. of Administration, 3/1/93 Zero fiscal note, Dept. of Law, 3/1/93 Zero fiscal note, Dept. of Public Safety, 3/1/93 The Governor's transmittal letter, dated March 1, 1993, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill creating the crime of conspiracy. This law is tailored, however, to reach only a narrow range of intended crimes; namely, conspiracies to commit murder in the first degree, murder in the second degree, kidnapping, or a felony drug offense. Conspiracy laws have provided a useful tool in the federal war on drugs and could prove effective in Alaska, as well. If sufficient evidence of the conspiracy is obtained, charges may be filed and arrests made before the conspirators actually commit the underlying planned serious felony offense. The United States Supreme Court has noted that "a conspiracy poses distinct dangers quite apart from those of the substantive. . ." offense. Iannelli v. United States, 420 U.S. 770 (1975). As it explained elsewhere, "concerted action both increases the likelihood that the criminal object will be successfully attained and decreases the probability that the individuals involved will depart from their path of criminality." Callanan v. United States, 364 U.S. 587, 593-94 (1961). This bill requires that a conspirator commit an overt act in furtherance of the conspiracy. This must be an act that manifests a purpose on the part of the actor that the underlying crime be completed. This bill is one of four that I am introducing this session to create tough new laws to combat drugs and violent crime. If enacted, these bills will give the state the tools it needs to prosecute serious criminals fairly and effectively. 1993-03-01 House Journal Page 0488 HB 186 I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor"