Legislature(2005 - 2006)HOUSE FINANCE 519
03/17/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB108 | |
| HB19 | |
| HB61 | |
| HB88 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 108 | ||
| = | HB 19 | ||
| = | HB 61 | ||
| = | HB 88 | ||
HOUSE BILL NO. 88
An Act relating to certain weapons offenses involving
minors; to aggravating factors in sentencing for
certain offenses committed against a school employee;
and providing for an effective date.
Representative Foster MOVED to ADOPT work draft #24-
GH1096\Y, Luckhaupt, 3/17/05, as the version of the bill
before the Committee. There being NO OBJECTION, it was
adopted.
3:19:49 PM
RANDY RUARO, ASSISTANT ATTORNEY GENERAL, LEGISLATION
REGULATION, DEPARTMENT OF LAW, explained the committee
substitute.
· It provides for an aggravator in Section 3 in cases
where assaults have occurred on school grounds,
school buses or school sponsored events.
· Section 4, a new section, closes a loophole in
response to a judicial opinion that found that a
defendant could claim credit on repeated sentencing.
· Section 5 provides for an automatic waiver for 16 &
17 year-olds who are charged or convicted in certain
Class A & B felonies misconduct weapon offenses.
The House Judiciary Committee did much work on
Sections 3 & 5, and made those changes.
Representative Croft asked about Section 5. Mr. Ruaro
thought that Representative Croft was referring back to
Section 1 of the original bill, which does not relate to the
mitigating section.
Representative Croft noted the categories that automatically
waive juveniles back to adult court. He wondered the types
of weapon infractions that would automatically be waived to
adult court. Mr. Ruaro explained the weapon offenses
automatically waived would be listed under AS 11.61.190. He
noted the change made by the House Judiciary Committee, the
risk of physical injury to a person. The other class
indicates if a gun is possessed during a drug deal and/or
possessing a gun on school grounds or near a day care after
being convicted of a felony or being adjudicated a
delinquent minor.
3:25:11 PM
Representative Croft noted concern about constituents who
"carry" weapons for defensive purposes and then pick up
their children from schools.
Co-Chair Meyer asked if all fiscal notes were zero. Mr.
Ruaro replied they were.
Vice-Chair Stoltze referred to Section 2 and asked how
important the survey is to the Department of Health & Social
Services to the bill. Mr. Ruaro responded it is not
critical. The Senate Judiciary Committee did amend that
portion out of the bill.
Co-Chair Meyer asked if the same bill had been introduced on
the Senate side. Mr. Ruaro replied that it had. Vice Chair
Stoltze noted that at the time amendments are taken, he
would propose one to delete Section 2.
3:27:51 PM
Representative Croft asked about Section 5, minors being
waived to adult court. He asked if delinquency rules would
apply.
ANTHONY NEWMAN, PROGRAM OFFICER, DIVISION OF JUVENILE
JUSTICE, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, replied
that they would apply. Representative Croft continued his
line of questioning regarding misconduct of weapons in the
second degree, indicating that it is problematic. He gave
an example of a child tried as an adult. He asked about AS
11.61.195, the lower degree of weapon defense.
Mr. Ruaro explained that Section 195 offenses involve
possessing a gun during a drug offense. He stated that is a
serious enough crime to be subject to an automatic waiver.
When possessing a weapon near a school or daycare, everyone
rd
knows that guns and schools do not mix well. The 3 example
mainly addresses the drive-by shooting offenses. The judge
would again have the discretion.
Vice-Chair Stoltze MOVED to adopt Amendment #1, deleting
Section 2. There being NO OBJECTION, it was adopted.
Representative Weyhrauch asked about the fiscal note and the
additional work required for the Public Defenders office.
Mr. Ruaro anticipated a low number of cases. Mr. Newman
related that in the past two years, there have been 16
youths that would have fallen under the auto-waiver statute.
Representative Weyhrauch asked about the costs of housing
juveniles without including a fiscal note. Mr. Newman
explained that of the 16 youths, 10 had been adjudicated and
5 were given institutional orders. Representative Weyhrauch
reiterated his concern with the zero note.
3:34:59 PM
Representative Weyhrauch addressed the schoolyard bullying
issue. Mr. Ruaro opined that HB 88 would not be an
appropriate vehicle to address bullying, recommending other
options.
Representative Croft MOVED to ADOPT Amendment #2, deleting
Line 30, Page 3, second degree weapon defenses.
Co-Chair Meyer OBJECTED for discussion purposes.
Representative Croft explained that those are serious
offenses in which youth are automatically waived out of the
juvenile court. He voiced his concerns.
Vice-Chair Stoltze provided a personal experience at a high
school and asked if the situation would be treated as
possession. Representative Croft read from statute and
noted that it would be treated as possession.
3:40:30 PM
Representative Holm shared a personal experience and asked
if a hunting situation could be waived to an adult status.
Mr. Ruaro asked if Representative Holm was referencing
Subsection 3. Mr. Newman said that the bill addresses when
firearms discharge under circumstances involving substantial
risk and are discharged from a propelled vehicle.
Representative Croft clarified that a propelled vehicle
could be anything moving such as a car, boat, snowmobile,
etc. He asked if the behaviors should be indicated under
the automatic waivers section.
Representative Holm talked about grouse hunting and shooting
from vehicles and such a person being remanded to an adult
status. He agreed with Representative Croft that is
important to be careful, and that minors often do not use
good judgment. Mr. Ruaro agreed that it is important to be
careful, however, prosecutors must use discretion.
3:44:05 PM
Co-Chair Meyer suggested that more time be given to develop
a new committee substitute for HB 88.
Representative Croft WITHDREW Amendment #2.
HB 88 was HELD in Committee for further consideration.
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