03/08/1995 01:59 PM Senate JUD

 SJUD-3/8/95                                                                   
        SB 7 NO BAIL FOR FELONS W/PREVIOUS CONVICTIONS                       
                                                                               
 Number 468                                                                    
                                                                               
 SENATOR SALO, sponsor of SB 7, stated an identical measure (SB 228)           
 passed the Senate last year with 19 - 0 vote, and received all "do            
 pass" recommendations in both the Senate and House.  SB 7 adds to             
 the list of crimes and circumstances for which bail is not allowed.           
 It prevents a person's release on bail either before sentencing or            
 pending appeal, if the person has been previously convicted of                
 sexual assault in the second and third degrees, and/or stalking in            
 the first degree.  SENATOR SALO noted additional information on SB
 is included in committee packets, including information on the              
 perpetrator who was the impetus for the legislation. She noted that           
 perpetrator was convicted of an assault he committed while on                 
 $5,000 bail.  She commented that although infrequent, such low                
 incidence situations should be prevented from occurring in the                
 future.                                                                       
                                                                               
 Number 446                                                                    
                                                                               
 SENATOR ADAMS noted the perpetrator had been convicted of three               
 rape charges and auto theft, and asked why he was able to get bail            
 when in Alaska.  SENATOR SALO replied the only thing in current law           
 that prevents bail from being issued is either an unclassified or             
 a class A felony conviction.  The perpetrator's previous crimes               
 were class B felonies.  SB 7 would add those offenses to the list.            
 SENATOR TAYLOR clarified there are two standards the court must               
 look to, aside from the classification formula, when allowing bail:           
 is the person going to flee the jurisdiction of the court; and is             
 this person going to be a risk to others.  Often that decision is             
 based on the premise the defendant is innocent until proven guilty.           
                                                                               
 There being no further testimony on SB 7, SENATOR GREEN moved SB 7            
 out of committee with individual recommendations.  There being no             
 objection, the motion carried.