04/06/2000 01:50 PM House FIN

HOUSE BILL NO. 372                                                                                                              
                                                                                                                                
An Act relating to criminal sentencing and restitution.                                                                         
                                                                                                                                
Co-Chair Therriault MOVED to adopt Amendment #1.  [Copy on                                                                      
File].  The amendment would provide oversight to the Court                                                                      
System and would exempt out arson if a person had been put                                                                      
at risk.  There being NO OBJECTION, it was adopted.                                                                             
                                                                                                                                
Co-Chair Therriault suggested that with current language,                                                                       
the Court would be able to define what "community" is.                                                                          
Representative J. Davies noted that he wanted to preclude                                                                       
any argument over that concern by including a definition.                                                                       
He reiterated that it is important that it is clarified.                                                                        
Representative J. Davies MOVED a change to Page 1, Line 13,                                                                     
adding, "In this section, community should be defined by the                                                                    
Court."                                                                                                                         
                                                                                                                                
REPRESENTATIVE FRED DYSON agreed that the Court would be                                                                        
able to define who is a "community" which would allow both                                                                      
sides, the perpetrator and the victim, the opportunity for                                                                      
input regarding the definition of community.  That action                                                                       
would place the Court in the approving role.                                                                                    
                                                                                                                                
Co-Chair Therriault asked if there would be an expense                                                                          
incurred with the inclusion of "approved".  Representative                                                                      
J. Davies acknowledged that both sides would have to agree                                                                      
to the process in order to move forward.                                                                                        
                                                                                                                                
Discussion followed among Committee members regarding the                                                                       
definition of what "community". there being NO further                                                                          
OBJECTION, Amendment #2 was adopted.                                                                                            
                                                                                                                                
Representative Foster MOVED to report CS HB 372 (FIN) out of                                                                    
Committee with individual recommendations and the                                                                               
accompanying fiscal note.  There being NO OBJECTION, it was                                                                     
so ordered.                                                                                                                     
                                                                                                                                
CS HB 372 (FIN) was reported out of Committee with a "do                                                                        
pass" recommendation and with a fiscal note by Department of                                                                    
Corrections dated 3/30/00.