Legislature(2005 - 2006)HOUSE FINANCE 519
02/27/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB209 | |
| HB324 | |
| HB343 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 343 | TELECONFERENCED | |
| + | HB 324 | TELECONFERENCED | |
| + | SB 209 | TELECONFERENCED | |
HOUSE BILL NO. 343
"An Act relating to harassment."
REPRESENTATIVE BOB LYNN related that correctional officers
and first responders who want more protection from attacks
with bodily fluids requested the bill. He shared a personal
experience working in a jail environment. He related that
attacks with bodily fluids have been increasing, as has the
danger of infections. Currently, throwing bodily fluids at
anyone can only be charged as a class B misdemeanor. This
bill changes that to a class A misdemeanor, with jail time
from zero days to one year. It also provides a minimum term
of imprisonment of 60 days for persons convicted of
harassment in the first degree when they direct the offense
at certain specified law enforcement officers and emergency
responders. He noted correspondence included in members'
packets and quoted several examples.
2:58:42 PM
DANIEL COLANG, PRESIDENT, ALASKA CORRECTIONAL OFFICERS
ASSOCIATION, related his experience behind correctional
facility walls. He stressed that assault with bodily fluids
has become prevalent. He encouraged support of this bill.
Representative Stoltze asked if saliva is still prohibited.
Representative Lynn said it is.
3:03:25 PM
MAE BARNEY, CORRECTIONAL OFFICER, FAIRBANKS, shared her
experience with assault by bodily fluids. She testified in
support of the bill.
3:07:32 PM
Representative Weyhrauch asked if this law applies to a
situation where a member of PETA would throw blood at a
person wearing fur.
MIKE SICA, STAFF, REPRESENTATIVE BOB LYNN, clarified that
the law would apply to everyone, not just correctional
officers. He referred to page 2, Section 2, harassment in
the first degree, to explain. Representative Weyhrauch
restated his question to ask if the law would apply to
everyone. Mr. Sica responded that the mandatory minimum
prison term of 60 days only applies to assaults against
peace officers, medical first responders or professionals.
3:10:35 PM
SUSAN PARKS, DEPUTY ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW, clarified that the crime would apply to
anyone who is assaulted by bodily fluids - teacher, citizen,
babysitter, and the criminal could be prosecuted under this
new statute, harassment in the first degree.
Representative Weyhrauch asked for clarification between the
different kinds of sentencing. Ms. Parks referred to page
3, Section 4, to highlight the sentencing provision for
crimes against peace officers and medical personnel.
Co-Chair Chenault asked how many bodily fluid assault cases
there are a year. Ms. Parks responded that there are
probably more cases than what are prosecuted, which are only
a handful. They are a common occurrence and are often
handled administratively in jail with a loss of privileges.
They are currently a misdemeanor.
Mr. Colang, in response to Co-Chair Chenault's question,
could not recall any statistics regarding this. He cited
Fairbanks as an example, where there was an incident last
month. Co-Chair Chenault opined that it should be reported
every time.
3:15:08 PM
Co-Chair Chenault asked how many cases there would be per
year. He mentioned that there could be legal costs involved
with this type of case. He suggested researching up-front
costs.
3:16:26 PM
Ms. Parks commented on the fiscal notes. She indicated that
currently there are only a few cases. She added that the
numbers could increase. She speculated that the thirteen
offices could absorb the normal workload. She suggested
that the bill might have a deterrent effect and the costs
could decrease.
3:18:10 PM
Representative Foster remembered being accosted by a
lobbyist who "spit in his face".
Representative Hawker pointed out that the bill would create
a crime of degrees. He wondered if the bill could make
class A conduct elevate to class B conduct.
Co-Chair Meyer responded that some threats fall under a
different statute. Ms. Parks added that there are other
statutes that elevate the conduct by the degree and by the
nature of the conduct. She commented that it would be a
policy call for the Legislature to make. She thought the
subject matter of this bill is of a higher nature.
3:22:14 PM
Representative Hawker asked if the act were sufficiently
threatening, would the new category of a class A misdemeanor
be high enough for the crime. Ms. Parks replied that the
legislature could make that 'call'. The thought was that it
did not fit into class C conduct. It should be a
determination made by the Legislature.
3:23:49 PM
Representative Stoltze asked if the Department of
Corrections made the decision not to come to the table to
participate in the discussion. Mr. Sica took responsibility
for not following up with the Department. He did not want
that to be interpreted that they do not support the
legislation.
3:25:07 PM
Co-Chair Chenault MOVED to REPORT CSHB 343 (JUD) with
individual recommendations and the attached fiscal notes.
He voiced concern about the fiscal notes attached to the
bill. He requested more accurate fiscal notes.
Representative Stoltz OBJECTED for the purpose of
discussion.
Representative Kelly pointed out that several states have
elevated this crime to a felony. He reiterated how
offensive the crime is.
Representative Holm added that the class A misdemeanor for
this crime was the same as it was for transporting noxious
weeds.
Co-Chair Meyer noted the four new fiscal notes.
Representative Joule, referring to discipline administered
in jails, commented that, "good time gets taken away". He
thought that adding time to a jail sentence would qualify as
needing a fiscal note.
3:29:18 PM
Representative Stoltze WITHDREW his OBJECTION.
There being NO further OBJECTION, it was so ordered.
HB 343 was REPORTED out of Committee with a "do pass"
recommendation and with zero fiscal note # 1 by the
Department of Corrections, zero note #2 by the Department of
Public Safety, and with new zero fiscal notes by the
Department of Law, the Alaska Court System, and the
Department of Administration.
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