02/23/2000 01:50 PM House FIN

HOUSE BILL NO. 288                                                                                                              
                                                                                                                                
"An Act relating to the creation of an aggravating                                                                              
factor for the commission of domestic violence in the                                                                           
physical presence of a child."                                                                                                  
                                                                                                                                
DENISE HENDERSON, STAFF, REPRESENTATIVE KOTT testified on                                                                       
behalf of the sponsor in support of HB 288. House Bill 288                                                                      
would add a new section to AS 12.55.155(c)(18). At the                                                                          
present time, committing domestic violence in the presence                                                                      
of a child is not included as a determining factor in the                                                                       
sentencing of the perpetrator.  Currently there is nothing                                                                      
in the Alaska Statutes that would allow judges to factor the                                                                    
egregiousness of the crime into the sentencing.  This should                                                                    
be an aggravating factor in determining sentence for the                                                                        
crime of domestic violence. This bill would expand the list                                                                     
to protect the special vulnerability of children. It would                                                                      
become a major factor in determining the severity of the                                                                        
crime and the resulting sentence thereof.  House Bill 288                                                                       
would allow the courts to consider these factors to mitigate                                                                    
or aggravate the severity of domestic violence when                                                                             
committed in the presence of a child.  This is a valid                                                                          
criterion for the court in rendering sentence.                                                                                  
                                                                                                                                
Ms. Henderson emphasized that she has witnessed the long                                                                        
term emotional and psychological damage that domestic                                                                           
violence in the home can cause on children. She maintained                                                                      
that it is imperative that the court system be given a new                                                                      
tool to further the fight against domestic violence and                                                                         
child abuse. While working for the Juvenile Division of the                                                                     
District Attorney's Office in Albuquerque, New Mexico, she                                                                      
observed that there was one underlying factor that always                                                                       
seemed to play a role in the lives of the children coming                                                                       
through the system; "domestic violence".  She also worked                                                                       
with Abused Women's Aid in Crisis in Anchorage, where she                                                                       
witnessed the devastation that domestic violence has on                                                                         
children. She is currently a Court Appointed Special                                                                            
Advocate, for the Office of Public Advocacy in Anchorage.                                                                       
She maintained that the legislation would not only bring                                                                        
awareness to the trauma that children bear in witnessing                                                                        
domestic violence in the home, but would be instrumental in                                                                     
breaking this on-going cycle.                                                                                                   
                                                                                                                                
Ms. Henderson noted that there are zero fiscal notes from                                                                       
the Department of Law, Alaska Court System and the Public                                                                       
Safety. The Department of Administration, Public Defender                                                                       
Office's submitted an indeterminate fiscal note. She                                                                            
observed that the Department of Corrections brought their                                                                       
fiscal note down from $99 thousand dollars to $24 thousand                                                                      
dollars. She felt that the Department of Corrections' fiscal                                                                    
note should also be indeterminate, since the legislation is                                                                     
permissive and allows judges discretion in its                                                                                  
implementation. She pointed out that the bill only adds an                                                                      
aggravating factor for the judges to consider.  It is at the                                                                    
judge's discretion as to whether it will be applied.                                                                            
                                                                                                                                
Co-Chair Therriault asked for more information regarding the                                                                    
fiscal note by the Department of Corrections. Ms. Henderson                                                                     
noted that the original fiscal note by the Department of                                                                        
Corrections was for $99.7 thousand dollars. The Department                                                                      
of Corrections worked with the Department of Law to lower                                                                       
the fiscal note. The new fiscal note is for $24 thousand                                                                        
dollars.                                                                                                                        
                                                                                                                                
Mr. Niehaus expressed concern with subsection (c) on page 1,                                                                    
line 13. He questioned if an argument among parents in                                                                          
another room could be used as an aggravating factor.                                                                            
                                                                                                                                
Ms. Henderson explained that the provision would only apply                                                                     
to felony offenses. It is not a new statute; it would be a                                                                      
mitigating factor. Mr. Niehaus felt that the language could                                                                     
be misinterpreted.                                                                                                              
                                                                                                                                
Vice Chair Bunde clarified that there has to be a charge of                                                                     
domestic violence involving physical violence for the                                                                           
provision to be an aggravating factor. Ms. Henderson                                                                            
explained that the language is permissive and up to the                                                                         
judge's discretion.                                                                                                             
                                                                                                                                
Co-Chair Therriault felt that the new fiscal note was still                                                                     
high. He pointed out that action on fiscal notes are subject                                                                    
to conference committee action on the operating budget and                                                                      
indicated that he would work with the department to lower                                                                       
the note.                                                                                                                       
                                                                                                                                
Representative G. Davis noted that the fiscal note by the                                                                       
Department of Corrections indicates that an addition of                                                                         
three months could be added to sentencing based on the                                                                          
aggravating factor in subsection (c).                                                                                           
                                                                                                                                
Vice Chair Bunde MOVED to report CSHB 288 (JUD) out of                                                                          
Committee with the accompanying fiscal note. There being NO                                                                     
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CSHB 288 (JUD) was REPORTED out of Committee with "no                                                                           
recommendation" and a new fiscal note by the Department of                                                                      
Corrections; an indeterminate fiscal note by the Department                                                                     
of Administration; and 2 zero fiscal note by: the Department                                                                    
of Public Safety and the Department of Law, both dated                                                                          
2/04/00.