Legislature(1995 - 1996)
1996-01-08 House Journal
Full Journal pdf1996-01-08 House Journal Page 2373 HB 399 HOUSE BILL NO. 399 by the House Rules Committee by request of the Governor, entitled: An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a drivers license, privilege to drive, or privilege to obtain a license; amending Alaska Rule of Criminal Procedure 32.1; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services, State Affairs, Judiciary and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Law, 1/8/96 Fiscal note, Dept. of Public Safety, 1/8/96 Fiscal notes (3), Dept. of Health & Social Services, 1/8/96 Fiscal note, Dept. of Administration, 1/8/96 1996-01-08 House Journal Page 2374 HB 399 Fiscal note, Dept. of Corrections, 1/8/96 Zero fiscal note, Dept. of Public Safety, 1/8/96 The Governors transmittal letter, dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that replaces the joyriding provisions in the criminal mischief statutes with the new crime of vehicle theft, and provides that first degree vehicle theft is a class C felony. Last year I vetoed a bill also dealing with car theft. Unlike this proposed legislation, last years bill dealt only with juvenile offenders. It would have automatically waived all juveniles charged with joyriding to adult court, regardless of their age, their criminal history, and the seriousness of the offense. This would result in widely diverse and unfair treatment of juveniles who commit theft offenses--a juvenile who borrowed a snowmobile would have a permanent record, while another who stole valuable property during a burglary would be prosecuted as a juvenile, with no permanent criminal record. Further, the Legislature failed to fully fund the fiscal notes accompanying the bill. This bill changes the name of the prohibited conduct from joyriding or criminal mischief to vehicle theft; both imply a childish lark or prank, which is offensive to victims of the crime and is not an accurate description of this dangerous behavior. It creates two new sections in the criminal code--vehicle theft in the first and second degree. Vehicle theft in the first degree prohibits any taking of a motor vehicle, and raises the penalty for first time car thieves from a class A misdemeanor to a class C felony. Thus, the penalty for first time car theft is increased from a maximum one year in jail to a maximum five years in jail and the fine is raised from a maximum $5,000 to a maximum $50,000. Vehicle theft in the second degree prohibits a first offense theft of vehicles such as snowmachines and other off-highway vehicles. Vehicle theft in the second degree is a class A misdemeanor, which is the penalty provided for this offense in current law. 1996-01-08 House Journal Page 2375 HB 399 Under this vehicle theft bill, juveniles who steal vehicles will be treated like juveniles who steal other property--waived into adult court if they are not amenable to treatment and dealt with in juvenile court if they are amenable to treatment. By providing that first offense vehicle theft is a class C felony rather than a misdemeanor, the division of family and youth services in the Department of Health and Social Services will have a much more effective tool for holding juveniles accountable for their acts. The bill also adds the conviction of either first or second degree vehicle theft to the statute authorizing immediate revocation of driving privileges, and provides for mandatory revocation of driving privileges by the court when a person is convicted of vehicle theft in the first or second degree. For the bill to be effective in reducing vehicle theft in Alaska, the state agencies responsible for enforcing it must be fully funded. The division of family and youth services, which administers the juvenile justice system, must have additional probation officers; and the Department of Corrections must be funded for the additional costs of incarceration and supervision of car thieves. Prosecution of felonies is more expensive for the Department of Law, and administrative costs for the division of motor vehicles in the Department of Public Safety will increase as a result of the automatic license revocation for persons convicted of vehicle theft. A safer and more secure place to own and operate a vehicle will result from the passage and funding of this legislation. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor