1993-02-26                     Senate Journal                      Page 0504
SB 137                                                                       
SENATE BILL NO. 137 by the Senate 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.                                                                    
                                                                               
Fiscal notes from Department of Administration (2) and Department              
of Corrections and zero fiscal notes from Department of Law and                
Department of Public Safety published today.                                   
                                                                               

1993-02-26                     Senate Journal                      Page 0505
SB 137                                                                       
Governor's transmittal letter dated February 26:                               
                                                                               
Dear Mr. President:                                                            
                                                                               
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.                                              
                                                                               
                                                                               

1993-02-26                     Senate Journal                      Page 0506
SB 137                                                                       
I urge your favorable action on this bill.                                     
                                                                               
Sincerely,                                                                     
     /s/                                                                       
Walter J. Hickel                                                               
Governor