Legislature(2011 - 2012)
2012-09-25 Senate Journal
Full Journal pdf2012-09-25 Senate Journal Page 2489 SB 151 Message dated June 1 was received stating: Dear President Stevens: Under the authority of Article II, Section 17, of the Alaska Constitution, I have let the following bill become law without signature: CS FOR SENATE BILL NO. 151(JUD) "An Act relating to mitigation at sentencing in a criminal case for a defendant found by the court to have been affected by a fetal alcohol spectrum disorder." Chapter No. 54, SLA 2012 [Effective Date: 9/19/12] This bill provides clarity and consistency in sentencing for those experiencing fetal alcohol spectrum disorder (FASD). Existing Alaska law provides for a mitigating factor in sentencing a defendant who suffers from a "mental disease or defect" if other circumstances are present. Some courts have found that fetal alcohol spectrum disorder falls within the term "mental disease or defect," but other courts have found to the contrary, thereby creating disparity. This legislation clarifies that ambiguity and inconsistent application of the law. 2012-09-25 Senate Journal Page 2490 On the other hand, I remain concerned about diminishing Alaskans' interest in deterring crime. Shorter sentences may not deter further offenses without additional treatment. Additionally, I am concerned about creating a special mitigating factor for one particular illness or disorder, when more medical conditions will knock on legislators' doors seeking to be written into law as mitigators, an outcome I would seriously question. However, because the legislation creates more consistent application of the law to all defendants; because the proposed mitigating factor would not apply to convictions for a crime against another person or of arson in the first degree; and because of the heavy burden on the defendant to use FASD as a mitigator on these lesser offenses, I have allowed CSSB 151(JUD) to become law without my signature. Sincerely, /s/ Sean Parnell Governor