02/02/1999 09:00 AM Senate FIN

                                                                                                                                
SENATE BILL NO. 3                                                                                                               
                                                                                                                                
"An Act relating to the crimes of murder, solicitation                                                                          
to commit murder in the first degree, manslaughter,                                                                             
and criminally negligent homicide; relating to                                                                                  
homicides of children; and relating to the crime of                                                                             
interference with custody of a child or incompetent                                                                             
person."                                                                                                                        
                                                                                                                                
                                                                                                                                
Senator Rick Halford was invited to join the committee.  He                                                                     
offered brief comments as sponsor of the bill.  He                                                                              
explained the fiscal note from the Department of Law at                                                                         
zero and the Department of Administration as being an                                                                           
indeterminate amount.                                                                                                           
                                                                                                                                
Senator Adams said he supported this piece of legislation.                                                                      
                                                                                                                                
Senator Leman referred to a particular case wherein an                                                                          
individual fleeing a police officer shot and killed an                                                                          
eight-year old child.  He asked specifically if this type                                                                       
of activity was covered in this bill?                                                                                           
                                                                                                                                
Senator Halford said this was covered.  Penalties increase                                                                      
when a firearm is present.  Penalties increase when the                                                                         
victim is a child.                                                                                                              
                                                                                                                                
David Hudson, First Sergeant, Alaska State Troopers, said                                                                       
they supported the bill.  He voiced concerns that proper                                                                        
consideration should be given for the necessary enabling                                                                        
language that a convicted individual of sexual offense must                                                                     
register.  It was explained that a person could cause death                                                                     
of a child during a sex offense and be charged with murder                                                                      
therefore not having to register as a sex offender.                                                                             
                                                                                                                                
Senator Halford said this was not the intent of the                                                                             
legislation or the sex offender registration program.  He                                                                       
would go back and look into this matter.                                                                                        
                                                                                                                                
                                                                                                                                
Tape: SFC - 99 #17, Side B                                                                                                      
                                                                                                                                
Senator Donley referred to item three of the sponsor                                                                            
statement.  He wanted an explanation of the impact this                                                                         
would have and how it would apply to crimes against                                                                             
children.  Public policy.was taking homicides more                                                                              
seriously and he agreed with this.  How did this relate to                                                                      
other forms of homicide in general?                                                                                             
                                                                                                                                
Senator Halford asked Senator Donley for a better                                                                               
explanation of his question.                                                                                                    
                                                                                                                                
Senator Donley explained homicide and a greater degree of                                                                       
culpability.  When one was raised what was it being equated                                                                     
to?  Was it being equated to a greater amount of                                                                                
culpability.  He agreed to talk about it later with the                                                                         
sponsor.                                                                                                                        
                                                                                                                                
Senator Halford said the terms and options would have to be                                                                     
examined.  A second-degree offense would be elevated if the                                                                     
victim were a child.  There was also an increase in the                                                                         
penalty if the victim was a child.                                                                                              
                                                                                                                                
Senator Donley asked if the particular individual would be                                                                      
eligible for good time?  Senator Halford said "yes".                                                                            
                                                                                                                                
Senator Halford explained his understanding of manslaughter                                                                     
for Senator Kelly.  However, he did not know the exact                                                                          
legal definition.  That was charges the lawyers argue                                                                           
about.                                                                                                                          
                                                                                                                                
Senator Kelly asked if perhaps Senator Donley could help                                                                        
out.  Which was more grievous, manslaughter or homicide?                                                                        
                                                                                                                                
Senator Halford said he understood manslaughter to be the                                                                       
more grievous charge.  However, he would have expected                                                                          
these questions in the judiciary committee.                                                                                     
                                                                                                                                
Senator Leman MOVED SB 6.  WITHOUT OBJECTION it was                                                                             
REPORTED OUT with individual recommendations and                                                                                
accompanying fiscal notes from the Department of                                                                                
Administration/Public Advocacy, indeterminate; Department                                                                       
of Law, zero; Department of Administration/Public Defender,                                                                     
indeterminate; Department of Corrections, zero.                                                                                 
                                                                                                                                
Co-chair Torgerson called SB 6.