04/08/2008 04:00 PM Senate FINANCE

CS FOR HOUSE BILL NO. 307(FIN)                                                                                                
                                                                                                                                
     "An  Act  relating  to  penalizing  certain  misdemeanor                                                                   
     domestic violence assaults as felonies."                                                                                   
                                                                                                                                
4:34:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LINDSEY HOLMES,  the bill sponsor,  presented                                                                   
an  overview the  bill. She  stressed the  intent behind  the                                                                   
bill was to target the critical  problem of domestic violence                                                                   
in Alaska.  He noted  that in  2005 there  were six  thousand                                                                   
reported  cases  of  domestic  violence in  this  state.  Ms.                                                                   
Holmes referred to the Sponsor Statement:                                                                                       
                                                                                                                                
     Alaska's domestic violence  rates are one of the highest                                                                   
     in  the country.  Alaska currently  has the highest  per                                                                   
     capita  rate   of  female  homicide  death   by  a  make                                                                   
     perpetrator.  This violence  becomes a  vicious cycle  -                                                                   
     according  to the  National  Coalition against  Domestic                                                                   
     Violence, boys  who witness domestic violence  are twice                                                                   
     as likely to  abuse when they become adults.  This cycle                                                                   
     of violence needs to stop.                                                                                                 
                                                                                                                                
     House  Bill 307  seeks  increased penalties  for  repeat                                                                   
     domestic  violence offenders. The  bill provides  that a                                                                   
     domestic  violence misdemeanor assault  is treated  as a                                                                   
     felony  if the offender  has two  prior convictions  for                                                                   
     domestic  violence  felonies  or for  domestic  violence                                                                   
     misdemeanor assault.  The bill is narrowly  tailored. It                                                                   
     applies prospectively only,  so all three offenses would                                                                   
     need to occur  after the effective date of  the bill. It                                                                   
     contains  a 10  year look  back, so  all three  offenses                                                                   
     would need to occur within 10 years of each other.                                                                         
                                                                                                                                
     As  of  2005,  at  least 18  other  states  had  enacted                                                                   
     enhanced   penalties   for  repeat   domestic   violence                                                                   
     offenders. With this bill,  Alaska will join these other                                                                   
     states   in  sending  a   strong  message   that  serial                                                                   
     battering will not be tolerated.                                                                                           
                                                                                                                                
     Alaskans need  to feel safe in their homes  and in their                                                                   
     relationships.  Domestic  violence harms  everyone in  a                                                                   
     community, not just the victims. Increasing penalties                                                                      
     to repeat offenses is just one part of the solution to                                                                     
     this complex problem.                                                                                                      
                                                                                                                                
Representative  Holmes declared  that many domestic  violence                                                                   
perpetrators  have a  dozen or more  misdemeanor assaults  on                                                                   
their record. She  stressed that this bill is  not similar to                                                                   
the California "three strikes"  where after three strikes the                                                                   
person is  locked up for  life. She  noted that the  bill has                                                                   
changed through  the Committee  process and now  provides the                                                                   
best  opportunity  of  actually  convicting  repeat  domestic                                                                   
violence  offenders. She  referred to  letters of support  on                                                                   
file.                                                                                                                           
                                                                                                                                
4:38:28 PM                                                                                                                    
                                                                                                                                
Senator Olson inquired about the  changes made by the various                                                                   
committees.                                                                                                                     
                                                                                                                                
Representative Holmes responded  that the bill was originally                                                                   
retrospective  but  now  is a  prospective  bill.  Originally                                                                   
there was not a  ten year "look back." She  revealed the most                                                                   
drastic  change  is originally  it  would have  required  the                                                                   
prosecutors  to  actually  prove   the  element  of  domestic                                                                   
violence.                                                                                                                       
                                                                                                                                
4:40:07 PM                                                                                                                    
                                                                                                                                
Senator Huggins asked what prison  time the felony conviction                                                                   
carried.                                                                                                                        
                                                                                                                                
Representative  Holmes  replied  a felony  conviction  for  a                                                                   
first time  felon ranges  from zero to  two years;  for those                                                                   
with prior felonies it would be two to five years.                                                                              
                                                                                                                                
4:40:30 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  reported that  the public defenders  in the                                                                   
Office  of Public  Advocacy  are  requesting  a new  employee                                                                   
position.  He inquired  if  the Department  of  Law would  be                                                                   
absorbing an extra work load.                                                                                                   
                                                                                                                                
Representative  Holmes responded that  the Department  of Law                                                                   
should address that question.                                                                                                   
                                                                                                                                
Co-Chair  Stedman referred  to the fiscal  notes attached  to                                                                   
the bill.                                                                                                                       
                                                                                                                                
4:42:22 PM                                                                                                                    
                                                                                                                                
CHRIS ASHENBRENNER,  EXECUTIVE DIRECTOR, COUNCIL  ON DOMESTIC                                                                   
VIOLENCE AND SEXUAL ASSAULT spoke  in support of the bill and                                                                   
referred to  the letters  of support  available on  file. She                                                                   
believed that  repeat assailants  should be held  accountable                                                                   
by moving their repeat crimes  from misdemeanors to felonies.                                                                   
                                                                                                                                
4:44:17 PM                                                                                                                    
                                                                                                                                
Senator Olson  inquired if there  was any documentation  that                                                                   
the implementation this bill would  cut down on the number of                                                                   
repeat offenders.                                                                                                               
                                                                                                                                
Ms.  Ashenbrenner  responded  that  many  states  carry  this                                                                   
progressive penalty  but she was not aware of  any studies to                                                                   
measure the effect.                                                                                                             
                                                                                                                                
4:45:03 PM                                                                                                                    
                                                                                                                                
Senator Huggins  MOVED to  REPORT SCS CSHB  307 (JUD)  out of                                                                   
Committee  with   individual  recommendations   and  attached                                                                   
fiscal notes.                                                                                                                   
                                                                                                                                
Senator Elton OBJECTED for discussion.                                                                                          
                                                                                                                                
Senator Elton  warned the Department  of Corrections  that in                                                                   
the  future he  many not  support legislation  that does  not                                                                   
reflect  the  true cost  component  in  the fiscal  note.  He                                                                   
believed that  prisons often were just  warehousing prisoners                                                                   
who were then released to commit the same crimes again.                                                                         
                                                                                                                                
4:47:56 PM                                                                                                                    
                                                                                                                                
Senator Elton WITHDREW his OBJECTION.  There being NO further                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
SCS  CSHB 307  (JUD) REPORTED  out  of Committee  with a  "do                                                                   
pass" recommendation  and accompanying new fiscal  notes from                                                                   
the Department of Law, the Department  of Administration, the                                                                   
Senate  Finance  Committee, the  Alaska  Court  System and  a                                                                   
previously published zero fiscal  note from the Department of                                                                   
Public Safety.                                                                                                                  
                                                                                                                                
4:48:42 PM