05/09/2005 05:33 PM Senate FIN

                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 88(JUD)                                                                                
     "An Act relating to  certain weapons offenses involving minors;                                                            
     relating to the definition  of 'recreation or youth center' for                                                            
     purposes  of misconduct  involving a  controlled substance;  to                                                            
     aggravating   factors  in  sentencing   for  certain   offenses                                                            
     committed  on school  grounds, on  a school  bus, at a  school-                                                            
     sponsored  event,  or in  administrative  offices  of a  school                                                            
     district;   to   mitigating  factors   in   sentencing  for   a                                                            
     defendant's assistance  to authorities to detect, apprehend, or                                                            
     prosecute   other  persons  who   committed  an  offense;   and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
5:35:50 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant  Attorney  General,  Criminal  Division,                                                            
Legal Services  Section-Juneau, Department of Law,  stated that this                                                            
legislation,  which is sponsored  by Governor  Frank Murkowski,  was                                                            
"drafted  to address  the  problems  with  violence" that  is  being                                                            
experienced  in schools  throughout  the State. She  noted that  the                                                            
Municipality  of Anchorage  School  Superintendent  assisted in  the                                                            
development of the bill.                                                                                                        
                                                                                                                                
Ms.  Carpeneti stated  that  this bill  would enact  an aggravating                                                             
factor for assaults  or crimes against a person or  arson that occur                                                            
on school grounds,  a school bus, a school function,  or in a school                                                            
district's  administrative office  "if students are educated  at the                                                            
office". Crimes committed  at schools not only affect the victim but                                                            
also "make  schools an  unsafe place  for children  … and set  a bad                                                            
example for children".                                                                                                          
                                                                                                                                
Ms.  Carpeneti  continued  that  the bill  would  also  address  law                                                            
enforcement  concerns about  "weapons  used in crimes  by youth"  by                                                            
allowing  16  or 17-year  old  juveniles  who  possess a  gun  while                                                            
committing  a felony drug  offense or a drive-by  shooting  in which                                                            
persons are harmed, to be waived to Adult Court.                                                                                
                                                                                                                                
Ms.  Carpeneti  shared  that  under current  State  drug  laws,  "in                                                            
certain cases, drug crimes  are more serious" when they occur near a                                                            
school or recreational  or youth center. This bill  would expand the                                                            
definition  of recreational youth  centers, as specified  in Section                                                            
1, page one, line  nine through page two, line two,  "to include not                                                            
only  those run  by a  municipality  or the  State,  but also  those                                                            
operated by private entities".                                                                                                  
                                                                                                                                
Ms. Carpeneti  noted that Sec. 3 would amend the mitigating  factors                                                            
in sentencing  to specify that in  order for a mitigating  factor to                                                            
be considered,  the defendant's  cooperation  with authorities  must                                                            
occur after,  rather  than prior to,  their being  charged with  the                                                            
offense. She  recounted that at one  time, information provided  ten                                                            
years prior to  the crime to which the person was  charged, had been                                                            
recognized as a mitigating factor.                                                                                              
                                                                                                                                
5:39:40 PM                                                                                                                    
                                                                                                                                
Co-Chair  Green ascertained  that  this  bill would  "amend  current                                                            
Statute" rather than "creating new language".                                                                                   
                                                                                                                                
Senator Dyson  asked for examples of citations that  would relate to                                                            
Sec. 4(a)(4) on page three, lines ten through 14.                                                                               
                                                                                                                                
     (4) that is misconduct involving weapons in the first degree                                                               
     under                                                                                                                      
          (A) AS 11.61.190(a)(1); or                                                                                            
          (B) AS 11.61.190(a)(2) when the firearm was discharged                                                                
     under circumstances manifesting substantial and unjustifiable                                                              
     risk of physical injury to a person.                                                                                       
                                                                                                                                
Ms.  Carpeneti   explained  that   AS  11.61.190(a)(1)  relates   to                                                            
"misconduct  involving weapons in  the first degree". That  language                                                            
would prohibit  a person  from possessing a  gun while committing  a                                                            
drug felony.  "AS 11.61.190(a)(2)  is the prohibition of  shooting a                                                            
gun out of a vehicle."                                                                                                          
                                                                                                                                
Senator Dyson acknowledged.                                                                                                     
                                                                                                                                
Senator  Olson  asked whether  AS  11.61.190(a)(2)  would  affect  a                                                            
hunter.                                                                                                                         
                                                                                                                                
Ms. Carpeneti  clarified  that,  AS 11.61.190(a)(2)  would  prohibit                                                            
"shooting  a gun out  of a vehicle  under circumstances  that  could                                                            
cause harm to persons or  property". In consideration of the hunting                                                            
concern, the  bill was amended to  specify that a 16 or 17-year-old                                                             
juvenile would be automatically  waived to Adult Court only in cases                                                            
in  which  "the  shooting  caused  substantial  risk  of harm  to  a                                                            
person".                                                                                                                        
                                                                                                                                
Co-Chair  Wilken  moved  to  report the  bill  from  Committee  with                                                            
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There  being no  objection,  SCS CS  HB  88(JUD) was  REPORTED  from                                                            
Committee with  indeterminate fiscal note #3, dated  March 21, 20005                                                            
from the Department of  Health and Social Services and indeterminate                                                            
fiscal note #4, dated March 21, 2005 from the Department of Law.                                                                
                                                                                                                                
5:42:49 PM