04/13/2000 12:08 PM Senate FIN

     SENATE COMMITTEE SUBSTITUTE FOR COMMITTEE SUBSTITUTE                                                                       
     FOR HOUSE BILL NO. 288(JUD)                                                                                                
     "An Act relating to the creation of an aggravating                                                                         
     factor for the commission of domestic violence in the                                                                      
     physical presence or hearing of a child."                                                                                  
                                                                                                                                
                                                                                                                                
This  was the  first hearing  for  this bill  in the  Senate                                                                    
Finance Committee.                                                                                                              
                                                                                                                                
DENISE   HENDERSON,  staff   to  Representative   Pete  Kott                                                                    
testified that this bill adds  a new section to AS 12.55.18.                                                                    
She noted  that presently,  committing domestic  violence in                                                                    
the presence of  a child is not, and cannot  be, included as                                                                    
a  determining factor  in the  sentencing of  a perpetrator.                                                                    
She  stressed  that  this   legislation  would  protect  the                                                                    
special venerability  of children  and would become  a major                                                                    
factor  in determining  the severity  of the  crime and  the                                                                    
resulting sentence thereof.                                                                                                     
                                                                                                                                
Amendment  #1:  This  amendment inserts  "living"  following                                                                    
"offense,"  on page  1 line  14 and  deletes "household"  on                                                                    
page 2  line 1  and inserts, "residence  of the  victim, the                                                                    
residence  of the  perpetrator, or  the residence  where the                                                                    
crime  involving domestic  violence  occurred." The  amended                                                                    
language reads as follows.                                                                                                      
                                                                                                                                
          (C) specified in AS 11.41 that is a crime                                                                             
     involving domestic violence and was committed in the                                                                       
     physical presence or hearing of  a child under 16 years                                                                    
     of age,  who was,  at the time  of the  offense, living                                                                    
     within the  residence of the  victim, the  residence of                                                                    
     the  perpetrator,  or  the residence  where  the  crime                                                                    
     involving domestic violence occurred.                                                                                      
                                                                                                                                
Senator Phillips moved for adoption  on behalf of the bill's                                                                    
sponsor.                                                                                                                        
                                                                                                                                
Co-Chair Torgerson objected for an explanation.                                                                                 
                                                                                                                                
Senator  Phillips   explained  that  the   Senate  Judiciary                                                                    
Committee felt that the term "household" is too broad.                                                                          
                                                                                                                                
Senator Phillips offered a motion  to report from Committee,                                                                    
SCS  CS  HB 288  (JUD)  as  amended with  accompanying  zero                                                                    
fiscal  notes from  the Alaska  Court System,  Department of                                                                    
Corrections, Department of Law,  Department of Public Safety                                                                    
and  indeterminable  fiscal  note  from  the  Department  of                                                                    
Administration, Public Defender's Agency.                                                                                       
                                                                                                                                
There  was  no  objection  and   the  bill  was  MOVED  from                                                                    
Committee.