05/02/2001 05:17 PM Senate JUD

                                                                                                                                
              HB 187-VANDALISM OF CEMETERIES & GRAVES                                                                       
                                                                                                                              
                                                                                                                              
Lori  Backes,  staff to  Representative  Whittaker,  testified  that                                                            
there  are no  statutes  relating  to vandalism  or  desecration  of                                                            
modern  cemeteries and  memorials.  Although acts  of vandalism  are                                                            
punishable  under criminal  mischief statutes,  the degree  of crime                                                            
centers around the monetary  value of the damage and doesn't address                                                            
the  personal  insult and  emotional  damage  such acts  inflict  on                                                            
individuals, families,  communities or tribes. HB 187 clearly states                                                            
that if a person  damages, defaces  or desecrates a cemetery,  tomb,                                                            
grave, memorial  or its contents it is a crime of  criminal mischief                                                            
in the second degree. This  is regardless of whether or not the tomb                                                            
grave or memorial  is in a cemetery or appears to  be abandoned lost                                                            
or neglected.  It would also be a crime of criminal  mischief in the                                                            
second degree  if an individual removes human remains  or associated                                                            
items from a cemetery, tomb, grave or memorial.                                                                                 
                                                                                                                                
SENATOR COWDERY recalled  the vandalism that occurred when he was in                                                            
charge  of the  downtown Anchorage  cemetery.  He  wondered how  the                                                            
dollar amount of such vandalism would be determined.                                                                            
                                                                                                                                
MS. BACKES  responded that the amendment  classifies such  vandalism                                                            
as a class C felony and  does not set a dollar amount on the damage.                                                            
In many cases,  it is not possible to establish a  monetary value on                                                            
damage done but emotional damage can be recognized.                                                                             
                                                                                                                                
Number 376                                                                                                                      
                                                                                                                                
CHAIRMAN  TAYLOR said  there are a  growing number  of instances  of                                                            
"digging".  This is where individuals  locate and collect  artifacts                                                            
from ancestral  graves  and then  sell them.  This legislation  will                                                            
prohibit this type of activity.                                                                                                 
                                                                                                                                
MS. BACKES  responded that  she was aware  of such activity  and any                                                            
persons  who  do  not  have a  state  or  federal  permit  or  legal                                                            
authorization  to disturb  a grave or memorial  would be  prohibited                                                            
from doing so  under this legislation. Under federal  law, there are                                                            
exceptions if the disturbance  is inadvertent but there are specific                                                            
reporting  requirements  for such  disturbances.  Digging without  a                                                            
permit  will  increase  fines  to  $50,000  and  up  to  five  years                                                            
incarceration.                                                                                                                  
                                                                                                                                
CHAIRMAN TAYLOR asked where a dollar amount appears.                                                                            
                                                                                                                                
MS. BACKES said it is not  referred to in the bill but in chapter 12                                                            
of crimes of criminal mischief.                                                                                                 
                                                                                                                                
Number 675                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT  asked for clarification  on the current  statute                                                            
governing burial sites.                                                                                                         
                                                                                                                                
MS. BACKES explained  that current statute that protects  cemeteries                                                            
is under  the  Alaska Historic  Preservation  Act.  Under that  act,                                                            
destruction  is a class  A misdemeanor. Although  penalties  are not                                                            
routinely  imposed because  it's difficult  to catch individuals  in                                                            
the act of  desecrating a grave, there  may be other charges  levied                                                            
that do not relate to the desecration of a grave.                                                                               
                                                                                                                                
It is  hoped that  raising  grave desecration  to a  class C  felony                                                            
would in itself be a deterrent.                                                                                                 
                                                                                                                                
CHAIRMAN  TAYLOR called  for additional  testimony  and received  no                                                            
response. He asked for the pleasure of the committee.                                                                           
                                                                                                                                
SENATOR  THERRIAULT  moved  SCS  HB  187(JUD)  from  committee  with                                                            
individual  recommendations.   There  being  no  objection,  SCS  HB
(JUD) moved from committee.