Legislature(1993 - 1994)

1993-03-01 House Journal

Full 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              

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.                                     
    Walter J. Hickel