05/06/2024 01:30 PM Senate JUDICIARY

              HB 238-CRIMINAL MISCHIEF 3RD DEGREE                                                                           
                                                                                                                                
1:42:48 PM                                                                                                                    
CHAIR CLAMAN  announced the  consideration of  CS FOR  HOUSE BILL                                                               
NO. 238(JUD) "An  Act relating to criminal mischief  in the third                                                               
degree; and providing for an effective date."                                                                                   
                                                                                                                                
CHAIR CLAMAN  said this is  the second hearing  of HB 238  in the                                                               
Senate Judiciary Committee.  The intention is to  hear a proposed                                                               
Senate  committee substitute  (SCS).  He invited  Ms. Kakaruk  to                                                               
present the summary of changes.                                                                                                 
                                                                                                                                
1:43:26 PM                                                                                                                    
BREANNA  KAKARUK,  Staff,  Senator   Matt  Claman,  Alaska  State                                                               
Legislature,  Juneau, Alaska,  presented the  summary of  changes                                                               
for HB 238 from version B to S:                                                                                                 
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                       Summary of Changes                                                                                     
                                                                                                                                
     Senate Judiciary Committee: Version B to Version S                                                                     
                                                                                                                                
      In the Committee Substitute to HB 238, the following                                                                      
     changes were made:                                                                                                         
                                                                                                                                
     • Section 1. AS 11.46.482(a)                                                                                             
        • Page 2, line 6-11                                                                                                     
        • Delete:                                                                                                               
           (C) defaces, damages, or desecrates                                                                              
               (i) real property that has a place of                                                                        
           religious education or worship located on it and                                                                 
           is   owned,  leased,  or  used   by  a  religious                                                                
           organization  or used for any  religious purpose;                                                                
           or                                                                                                               
               (ii) tangible personal property used by a                                                                    
           religious organization  or used for any religious                                                                
           purpose.                                                                                                         
                                                                                                                                
        • Insert:                                                                                                               
           (C) defaces or damages real property that                                                                        
               (i) has a place of religious education or                                                                    
           worship located on it; and                                                                                       
               (ii) if leased or used by a religious                                                                        
           organization and is  a part of a larger property,                                                                
           is  the part  of the property  leased or  used by                                                                
           the religious  organization, including the access                                                                
           to the entry of the part of the property; or                                                                     
           (D)   defaces   or   damages  tangible   personal                                                                
           property  that has religious significance  and is                                                                
           used by religious  organizations or displayed for                                                                
           educational purposes.                                                                                            
                                                                                                                                
     • Sec. 2 AS 11.46.482(b)                                                                                                 
        • Page 2, line 24, following (a)(3)(C),                                                                                 
        • Insert:                                                                                                               
          "or (D)"                                                                                                            
                                                                                                                                
     • Conforming changes:                                                                                                    
        • Renumbering                                                                                                           
                                                                                                                                
1:44:55 PM                                                                                                                    
CHAIR CLAMAN asked the Criminal  Division to update the committee                                                               
on the  Department of Law's  position regarding the  changes made                                                               
in HB 238, version S.                                                                                                           
                                                                                                                                
1:45:10 PM                                                                                                                    
KACI  SCHROEDER,  Senior  Assistant  Attorney  General,  Criminal                                                               
Division, Department  of Law, Juneau,  Alaska, said  the division                                                               
reviewed  SCS  version  S  and concluded  that  the  language  is                                                               
workable and  can be  implemented. The  department is  neutral on                                                               
the bill overall.                                                                                                               
                                                                                                                                
1:45:27 PM                                                                                                                    
CHAIR  CLAMAN  asked  whether  a  committee  member's  previously                                                               
raised  concerns, which  led to  the drafting  of SCS  version S,                                                               
were addressed in version S.                                                                                                    
                                                                                                                                
1:45:38 PM                                                                                                                    
MS. SCHROEDER replied yes.                                                                                                      
                                                                                                                                
1:45:44 PM                                                                                                                    
CHAIR CLAMAN solicited a motion.                                                                                                
                                                                                                                                
1:45:48 PM                                                                                                                    
SENATOR  TOBIN moved  to adopt  the  Senate committee  substitute                                                               
(SCS)  for  CSHB 238,  work  order  33-LS1101\S, as  the  working                                                               
document.                                                                                                                       
                                                                                                                                
1:46:05 PM                                                                                                                    
CHAIR CLAMAN found  no objection and SCS CSHB 238  was adopted as                                                               
the working document.                                                                                                           
                                                                                                                                
CHAIR CLAMAN invited Mr. Schroeder to offer closing remarks.                                                                    
                                                                                                                                
1:46:23 PM                                                                                                                    
ALEXANDER  SCHROEDER,   Staff,  Representative   Andy  Josephson,                                                               
Alaska State Legislature,  Juneau, Alaska, expressed appreciation                                                               
to  committee  members  for  their time,  work,  and  support  on                                                               
HB 238.                                                                                                                         
                                                                                                                                
1:46:38 PM                                                                                                                    
CHAIR CLAMAN solicited the will of the committee.                                                                               
                                                                                                                                
1:46:42 PM                                                                                                                    
SENATOR  TOBIN moved  to  report  SCS CSHB  238,  work order  33-                                                               
LS1101\S,  from  committee  with individual  recommendations  and                                                               
attached zero fiscal note(s).                                                                                                   
                                                                                                                                
1:46:58 PM                                                                                                                    
CHAIR  CLAMAN  found  no  objection and  SCS  CSHB  238(JUD)  was                                                               
reported from the Senate Judiciary Standing Committee