03/05/2019 03:00 PM House STATE AFFAIRS

                 HB 15-SENTENCING: VEHICLE THEFT                                                                            
                                                                                                                              
5:09:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS announced that the  final order of business would                                                               
be HOUSE BILL NO. 15, "An  Act relating to sentencing for vehicle                                                               
theft in the first degree."                                                                                                     
                                                                                                                                
5:10:13 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 5:10 p.m.                                                                                 
                                                                                                                                
CO-CHAIR FIELDS passed the gavel to Co-Chair Kreiss-Tomkins.                                                                    
                                                                                                                                
5:10:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS,  as prime sponsor of  HB 15, stated that  in the                                                               
past six months, he has heard  from many police officers that the                                                               
lack  of  incarceration  of  car  thieves  is  well  known  among                                                               
recidivist  car  thieves;  the   lack  of  meaningful  penalties,                                                               
especially for  first time  felony offenses, is  a factor  in the                                                               
dramatic growth  of vehicle thefts  in Anchorage.   He maintained                                                               
that  he  drafted  HB  15  in response  to  hearing  from  police                                                               
officers and constituents on this issue.                                                                                        
                                                                                                                                
CO-CHAIR  FIELDS  relayed  that the  proposed  legislation  would                                                               
establish a mandatory  minimum sentence of at least  120 days for                                                               
felony vehicle  theft.  He  stated that he recognized  that there                                                               
are complexities related to mandatory  minimum sentences; he does                                                               
not support them in most  cases; however, he expressed his belief                                                               
that it makes sense in this circumstance.                                                                                       
                                                                                                                                
CO-CHAIR FIELDS offered that HB  15 has received support from the                                                               
Anchorage  Police Department  Employees Association  (APDEA), the                                                               
National  Insurance Crime  Bureau  (NICB), and  the Alaska  Peace                                                               
Officers Association (APOA).                                                                                                    
                                                                                                                                
5:12:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL asked what the  current sentence is for first                                                               
offense vehicle theft and what is proposed under HB 15.                                                                         
                                                                                                                                
REPRESENTATIVE  FIELDS answered  that zero  to two  years is  the                                                               
current sentence.  He expressed  his belief that in practice, the                                                               
sentence is  often zero years for  many crimes; for those  who do                                                               
go  to  jail  for  a first-time  felony,  there  are  aggravating                                                               
factors;  and  for second-  and  third-time  offenses, there  are                                                               
mandatory  minimums of  one  and two  years,  respectively.   The                                                               
proposed  legislation  would make  the  mandatory  minimum for  a                                                               
first-time  felony offense  120 days;  second and  third offenses                                                               
would still have  the existing mandatory minimums of  one and two                                                               
years, respectively.                                                                                                            
                                                                                                                                
REPRESENTATIVE FIELDS  clarified for Representative Wool  that HB
 addresses  felony first-time offenses.   He stated  that based                                                               
on  Legislative Legal  Services  counsel,  there are  misdemeanor                                                               
first-time vehicle  theft offenses;  however, these  offenses are                                                               
in  a  slightly different  category  and  are atypical,  such  as                                                               
failing to return a rental car for a period.                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  asked  whether "joy-riding"  is  considered                                                               
vehicle theft.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  FIELDS  suggested  that   given  there  are  both                                                               
misdemeanor  and  felony  convictions for  vehicle  theft,  there                                                               
would  remain  an  element  of   prosecutorial  digression.    He                                                               
maintained that it is possible that a joy-rider might be charged                                                                
with felony  vehicle theft.   Recidivist criminals  stealing cars                                                               
left idling by  the owners to warm  them up is a  real concern in                                                               
the neighborhoods that he represents.                                                                                           
                                                                                                                                
REPRESENTATIVE  WOOL pointed  out  that there  is  an option  for                                                               
sentencing  someone for  a first  offense vehicle  theft for  two                                                               
years.                                                                                                                          
                                                                                                                                
REPRESENTATIVE FIELDS  acknowledged that  there is a  jail option                                                               
for a  first offense;  however, a person  could steal  three cars                                                               
and be  released each time  before being convicted for  the first                                                               
crime.   He maintained that  the absence of  meaningful penalties                                                               
for the first  crime enables the thief to steal  cars on multiple                                                               
other occasions.   He  asserted that  police have  described this                                                               
scenario anecdotally.                                                                                                           
                                                                                                                                
[HB 15 was held over.]