02/21/2011 01:00 PM House JUDICIARY

         HB 56 - INCLUDE ARSON IN CRIMES OF CONSPIRACY                                                                      
                                                                                                                                
1:06:25 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO announced  that the first order of  business would be                                                               
HOUSE BILL NO.  56, "An Act making arson in  the first degree and                                                               
arson  in the  second  degree serious  felonies  for purposes  of                                                               
application of the crime of conspiracy."                                                                                        
                                                                                                                                
1:07:18 PM                                                                                                                    
                                                                                                                                
GRETCHEN  STAFT,  Staff,  Representative  Max  Gruenberg,  Alaska                                                               
State   Legislature,  explained   on  behalf   of  Representative                                                               
Gruenberg, one  of the  bill's joint prime  sponsors, that  HB 56                                                               
would add  the crimes of arson  in the first degree  and arson in                                                               
the second  degree [to AS  11.31.120(h)(2) - the list  of serious                                                               
felony  offenses for  which a  person could  be charged  with the                                                               
crime  of   conspiracy].    It  was   brought  to  Representative                                                               
Gruenberg's attention last year that  these arson crimes were not                                                               
yet included in Alaska's conspiracy  statute, and this caused him                                                               
concern,  she  relayed,  because  currently two  or  more  people                                                               
conspiring to commit  arson could only be charged  with the crime                                                               
of  arson if  the arson  actually occurs.   House  Bill 56  would                                                               
address this problem and provide  further deterrence to the crime                                                               
of arson.   Under  the bill,  if two or  more people  conspire to                                                               
commit arson  and the  arson occurs, they  could be  charged with                                                               
both the crime  of arson and the crime of  conspiracy, and if the                                                               
arson  doesn't  actually occur,  they  could  at least  still  be                                                               
charged  with the  crime of  conspiracy.   The Department  of Law                                                               
(DOL), she  relayed, has indicated  that it considers  the change                                                               
proposed  by the  bill to  be appropriate  because the  crimes of                                                               
arson in  the first  degree and  arson in  the second  degree are                                                               
serious felonies.   The joint  prime sponsors have not  heard any                                                               
opposition to  the bill,  and it's  highly supported  by Alaska's                                                               
fire departments, the Alaska Fire  Chiefs Association (AFCA), the                                                               
Alaska Peace Officers Association (APOA), and other such groups.                                                                
                                                                                                                                
CHAIR GATTO,  speaking as  one of HB  56's joint  prime sponsors,                                                               
mentioned  that back  in 2003,  he  and Representative  Gruenberg                                                               
sponsored  legislation adding  arson to  the list  of crimes  for                                                               
which the Violent Crimes Compensation  Board (VCCB) could provide                                                               
compensation.                                                                                                                   
                                                                                                                                
1:10:09 PM                                                                                                                    
                                                                                                                                
JEFF TUCKER,  President, Alaska  Fire Chiefs  Association (AFCA),                                                               
relayed that the AFCA supports HB 56 and urges its passage.                                                                     
                                                                                                                                
CHAIR  GATTO,  after ascertaining  that  no  one else  wished  to                                                               
testify, closed public testimony on HB 56.                                                                                      
                                                                                                                                
REPRESENTATIVE KELLER  asked whether the bill  would increase the                                                               
penalties for arson crimes.                                                                                                     
                                                                                                                                
1:12:08 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section,  Criminal  Division,  Department  of  Law  (DOL),  after                                                               
concurring  with  Ms. Staft's  comments  pertaining  to the  DOL,                                                               
explained  that under  the bill,  the crime  of conspiracy  would                                                               
warrant a  separate, additional charge  that would not  be merged                                                               
with  the underlying  charge of  arson.   Although  the crime  of                                                               
conspiracy is  not often prosecuted  - perhaps because it  can be                                                               
difficult  to prove  - it's  helpful to  have as  an option,  she                                                               
concluded.                                                                                                                      
                                                                                                                                
CHAIR  GATTO, speaking  as a  former firefighter,  indicated that                                                               
investigators  are able  to determine  whether a  particular fire                                                               
was started under suspicious circumstances.                                                                                     
                                                                                                                                
1:14:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER moved  to report  HB 56  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no  objection, HB  56 was reported  from the                                                               
House Judiciary Standing Committee.