01/22/1999 01:30 PM Senate JUD

            SB 3 - CRIMES OF MURDER & CHILD MURDERS                                                                             
                                                                                                                                
MR. BILL STOLTZ, staff to Senator Rick Halford explained to the                                                                 
committee that this is a bill that went through the Legislature                                                                 
last year. SB 3 establishes more severe consequences for the                                                                    
killing of a child and gives the courts an additional tool to deal                                                              
with crimes involving the murder of children. SB 3 also                                                                         
significantly changes sentencing provisions for child homicide. MR.                                                             
STOLTZ said the bill also adds a section to make conspiracy to                                                                  
commit child murder and solicitation of child murder carry the same                                                             
penalty and creates a new category of first degree murder when the                                                              
death of a child results from kidnaping or sexual assault. MR.                                                                  
STOLTZ also reported SB 3 expands the list of offenses constituting                                                             
felony murder to include sexual abuse of a minor in the first and                                                               
second degrees and elevates criminally negligent homicide from a                                                                
class C to a class B felony. Furthermore, SB 3 establishes a                                                                    
twenty-year minimum mandatory sentence for a conviction of child                                                                
murder and increases the penalty for manslaughter when the victim                                                               
is  under the age of sixteen. Finally, SB 3 establishes the crime                                                               
of custodial interference. Generally, MR. STOLTZ commented that                                                                 
children are vulnerable members of society and this bill serves as                                                              
a memorial for the victims of crimes in which the perpetrators were                                                             
never commensurately punished.                                                                                                  
                                                                                                                                
SENATOR TORGERSON asked if the bill is substantially the same as                                                                
last year and MR. STOLTZ replied it is, only the section on                                                                     
solicitation had been added.                                                                                                    
                                                                                                                                
Number 105                                                                                                                      
                                                                                                                                
MS. JANET LIENHART spoke in support of SB 3 and said kids should                                                                
count as well as adults. CHAIRMAN TAYLOR thanked MS. LEINHART for                                                               
her time and effort on this issue.                                                                                              
                                                                                                                                
CHAIRMAN TAYLOR noted for the record that the committee had                                                                     
received a letter from Mr. Dean Guaneli, Department of Law, in                                                                  
support of the bill.                                                                                                            
                                                                                                                                
MS. ANNE CARPENETI, representing the Department of Law, testified                                                               
that the department does support this legislation.                                                                              
                                                                                                                                
Number 169                                                                                                                      
                                                                                                                                
SENATOR HALFORD moved SB 3 from committee with individual                                                                       
recommendations. Without objection, it was so ordered.