05/05/1994 09:15 AM Senate FIN

                                                                               
  CS FOR HOUSE BILL NO. 231(FIN)                                               
                                                                               
       An Act relating to when previous conduct constituting a                 
       sexual offense may be used as an  aggravating factor at                 
       sentencing.                                                             
                                                                               
  Co-chair Pearce directed that CSHB  231 (Finance) be brought                 
  on for discussion.  She noted that the bill was reported out                 
  of committee on May 1, 1994, and returned from Rules because                 
  it  picked  up  a  $500.0  fiscal  note from  the  Dept.  of                 
  Corrections.  The department contends that the $500.0 fiscal                 
  note would apply  with or without mitigating  language.  She                 
  acknowledged discussion of inserting mitigating factors back                 
  into the bill  but questioned whether  they would fit  under                 
  the title.                                                                   
                                                                               
  GEORGE  DOZIER,  aide to  Representative  Kott, came  before                 
  committee.    He explained  that  the  sentencing commission                 
  initially embraced both  aggravating and mitigating portions                 
  of the bill.   Mr. Dozier  advised that Representative  Kott                 
  would not be  in favor of reinserting  the mitigating factor                 
  at this point since there was considerable opposition in the                 
  House and time is now a concern.                                             
                                                                               
  In response to  questions from Senator Kerttula,  Mr. Dozier                 
  explained  that as  now structured,  previous  sexual crimes                 
  constitute  an aggravating factor.  However,  there is a gap                 
  in coverage when an individual is being sentenced for sexual                 
  abuse of a  minor and has  a previous conviction for  sexual                 
  assault of an adult.   The proposed bill amends  current law                 
  to  require  that  previous  sexual  crimes,  regardless  of                 
  whether  they  were perpetrated  against adults  or children                 
  constitute aggravating  factors for  purposes of  sentencing                 
  for sexual crimes.                                                           
                                                                               
  Senator  Kelly  MOVED  that  CSHB  231 (Finance)  pass  from                 
  committee  with individual  recommendations.   No  objection                 
                                                                               
                                                                               
  having  been raised, CSHB 231  (Finance) was REPORTED OUT of                 
  committee with a  fiscal note from the  Dept. of Corrections                 
  showing zero operating costs and  a capital cost of  $500.0.                 
  Previous zero  fiscal notes  from the  Alaska Court  System,                 
  Dept.  of   Law,  Dept.  of  Public  Safety,  and  Dept.  of                 
  Administration (one for  the Public Defender Agency  and one                 
  for  the  Office of  Public  Advocacy) also  accompanied the                 
  bill.  Co-chairs  Pearce and  Frank  and Senators  Kelly and                 
  Sharp  signed  the   committee  report  with  a   "do  pass"                 
  recommendation.  Senators Jacko and  Rieger signed "no rec."                 
  Senator  Kerttula was  temporarily  away from  the committee                 
  table and did not sign the report.