04/25/2005 08:30 AM Senate JUDICIARY

        CSHB 219(FIN)-STRANGULATION & SUFFOCATION CRIMES                                                                    
                                                                                                                                
9:44:45 AM                                                                                                                    
CHAIR RALPH SEEKINS announced HB 219 to be up for consideration.                                                                
                                                                                                                                
MS. JULI  LUCKY, staff to Representative  Mike Hawker, introduced                                                               
HB 219. Currently strangulation  assaults cannot be prosecuted as                                                               
a felony due  to a bar set  in statutes that says in  order to be                                                               
prosecuted as  a felony,  an assault  must have  provable serious                                                               
physical injury.  Often strangulation assaults leave  no physical                                                               
marks.                                                                                                                          
                                                                                                                                
9:46:50 AM                                                                                                                    
MS.  TARA  HENRY, forensic  nurse,  testified  she has  years  of                                                               
examining strangulation assaults.  Perpetrators use strangulation                                                               
as a means to control  their victims. Strangulation is treated as                                                               
a misdemeanor  in Alaska.  HB 219  would provide  the appropriate                                                               
language  required  to  allow  all   strangulation  cases  to  be                                                               
prosecuted as felonies.                                                                                                         
                                                                                                                                
9:51:58 AM                                                                                                                    
MR. DEAN  GUANELI concurred  the intent  of HB  219 is  to ensure                                                               
strangulation assaults are prosecuted  as felonies. Injuries that                                                               
are created by  strangulation can evolve into  long term physical                                                               
problems for the victim.                                                                                                        
                                                                                                                                
9:54:11 AM                                                                                                                    
CHAIR SEEKINS asked Mr. Guaneli  whether the court might consider                                                               
that hands are not deadly weapons.                                                                                              
                                                                                                                                
MR. GUANELI  stated there is case  law in Alaska where  hands and                                                               
feet have  been found to be  deadly weapons, based on  the manner                                                               
in which they were used.                                                                                                        
                                                                                                                                
CHAIR  SEEKINS asked  whether  the  use of  hands  in beating  or                                                               
threatening someone would be considered a dangerous weapon.                                                                     
                                                                                                                                
9:56:56 AM                                                                                                                    
MR. GUANELI answered yes. Hands  and feet can be characterized as                                                               
a dangerous weapon under AS 11.81.900 (b)(15)(A).                                                                               
                                                                                                                                
CHAIR  SEEKINS said  it  is  the intent  of  the Senate  Standing                                                               
Judiciary  Committee  that  by  including  definition  (B)  under                                                               
"dangerous  instrument"   (AS  11.81.900)   that  hands   can  be                                                               
dangerous instruments under many circumstances.                                                                                 
                                                                                                                                
MR. GUANELI agreed.                                                                                                             
                                                                                                                                
SENATOR HOLLIS FRENCH read the definition of "deadly weapon":                                                                   
     "Any firearm  or anything designed  for and  capable of                                                                    
     causing death or serious  physical injury, including an                                                                    
     knife,  and   ax,  a  club,   metal  knuckles,   or  an                                                                    
     explosive."                                                                                                                
                                                                                                                                
9:59:08 AM                                                                                                                    
MR. GUANELI  explained the current  code defines  "deadly weapon"                                                               
exactly as Senator French read.  The courts would rule that hands                                                               
and feet could be dangerous instruments.                                                                                        
                                                                                                                                
10:01:49 AM                                                                                                                   
CHAIR  SEEKINS asked  the reason  Page 1,  line 8  does not  read                                                               
"and" rather than "or".                                                                                                         
                                                                                                                                
MR. GUANELI  detailed the reason  for the separate  subsection is                                                               
due to experience in trials.                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE HAWKER  offered a response to the  use of the                                                               
word  "or."  The word  may  be  construed either  inclusively  or                                                               
exclusively.                                                                                                                    
                                                                                                                                
10:07:30 AM                                                                                                                   
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR CHARLIE  HUGGINS moved CSHB 219(FIN)  from committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.