Legislature(1999 - 2000)
03/27/2000 02:18 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 288-CHILDREN WITNESSING DOMESTIC VIOLENCE
MS. DENISE HENDERSON, staff to Representative Kott, started by
saying that HB 288 is 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 bill will add a new
section to statute 12.55.155(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 will expand the list to
protect the special vulnerability of children. It will become
a major factor in determining the severity of the crime and
the resulting sentence thereof. HB 288 will 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 valid criteria for the court in rendering
sentence.
Mr. Chairman and fellow committee members, I myself have seen
the long term emotional and psychological damage that violence
in the home causes. While working for the Juvenile Division
of the District Attorney's Office in Albuquerque, New Mexico
there was one underlying factor that always seemed to play a
role in the lives of the children coming through the system
"domestic violence." Since moving to Anchorage, I have been
employed with Abused Women's Aid in Crisis, where once again
I witnessed the devastation that domestic violence has on
public advocacy in Anchorage. This bill would not only bring
awareness to the trauma that children bear in witnessing
domestic violence in the home, but will be instrumental in
breaking this on-going cycle. The public policy that you are
being asked to consider today is: should the commission of
the crime of domestic violence in the presence of a child be
included on this list of factors.
Number 763
CHAIRMAN TAYLOR commented that this bill considers factors that can
mitigate or aggravate the severity of the crime, and speaks to
this offense in AS 11.41 as being a felony--this will not include
"aggravating factor" on a misdemeanor.
MS. HENDERSON agreed, saying it will only be considered in felony
domestic violence cases.
CHAIRMAN TAYLOR noted that AS 11.41 is sexual assault in the first
degree.
Number 811
SENATOR ELLIS asked why this bill only applies to felony domestic
violence.
MS. HENDERSON responded that a lot of misdemeanor cases are not
reported, and most of the emphasis in the court system is on felony
cases.
SENATOR ELLIS commented that even misdemeanor cases have a negative
impact on children.
MS. HENDERSON agreed.
SENATOR ELLIS asked Ms. Henderson if she thought Representative
Kott would accept the inclusion of misdemeanor cases.
MS. HENDERSON responded yes.
Number 905
SENATOR HALFORD indicated that the definition in the Alaska statute
of "household members" is very broad. Included in the definition
are adults or minors who are current or former spouses--that could
be 20 years ago, adults or minors who live together or who have
lived together--at any time, engaged in a sexual relationship--at
any time, formerly related by marriage--at any time. Senator
Halford feels there should be a limitation on the definition of
household member. He did not realize that a special class of
criminal, people who may not have seen each other for 20 years, was
being set up.
Number 1035
CHAIRMAN TAYLOR made the comment to Ms. Henderson that the
committee is concerned with the definition of household, and that
there is no statute of limitation for the crime.
MS. HENDERSON explained that when the bill was originally drafted,
the interpretation was of a standard perception of household.
Sometimes it is a good thing that the laws are written in an open
and broad way, and sometimes not. Anyone at anytime, when there is
domestic violence, should be held accountable and hopefully the
court will look at this as an aggravating factor.
Number 1210
SENATOR HALFORD said he does not disagree, but there is no way to
amend the bill with this title. The bill talks about one mitigator
in the broad category of domestic violence--he was not aware that
the statute was so broad.
SENATOR HALFORD moved to strike the last phrase on page 1, starting
with "a household member" and inserting "within the household."
There being no objection, the motion carried. The new language
will read:
(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 within the household.
SENATOR HALFORD moved SCS CSHB 288(JUD)am from committee with
individual recommendations. There being no objection, the motion
carried.
CHAIRMAN TAYLOR apologized to Mr. Arthur Hansen for overlooking the
fact that he was waiting to testify via teleconference.
Number 1482
MR. ARTHUR HANSEN, a dentist in Fairbanks, commented that it is
part of the dental code of ethics that dentist's look for child
abuse in their offices. Mr. Hansen is involved with Prevent Abuse
And Neglect Through Dental Awareness (PANDA). He and a police
office in Anchorage helped instigate this bill.
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