02/27/1995 01:30 PM Senate JUD

 SJUD - 2/27/95                                                                
                                                                               
           SB  14 INCREASED PENALTIES FOR JOYRIDING                           
                                                                              
 The committee took up the next order of business, SB 14.  SENATOR             
 ADAMS asked for clarification regarding which version was under               
 discussion.  SENATOR MILLER moved the adoption of Version G, dated            
 2/9/95, as the working version.  There being no objection, the                
 motion passed.                                                                
                                                                               
 Number 473                                                                    
                                                                               
 MARGOT KNUTH gave the following review of Version G of SB 14 for              
 committee members.  Version G approaches the problem of joyriding             
 in Alaska in an incremental way.  Joyriding offenses have doubled             
 over the past two years, creating a significant problem.  The                 
 original version of SB 14 changed the first joyriding offense to a            
 felony, however after the Departments of Law, Public Safety and               
 Health and Social Services expressed concern that the desired                 
 results might not be achieved, different approaches have been                 
 reviewed.  Over one-half of the offenders are juveniles, therefore            
 the Department of Law (DOL) proposed those offenders be treated as            
 adults, as they are under current law if they are driving while               
 intoxicated.                                                                  
                                                                               
 MS. KNUTH gave a sectional analysis of the bill.  In Section 1, a             
 first joyriding offense would be treated as a misdemeanor, however            
 a second offense would be considered a felony if the offender has             
 turned 18.  The first misdemeanor offense would be counted against            
 the offender if he/she recommits.  In Section 3, passengers riding            
 in a joyridden vehicle would be charged with a Class B misdemeanor.           
 Section 4 requires the court to order restitution for the victim              
 when the offense is committed by a juvenile offender.  Section 5(f)           
 specifies that those offenders who are not in a felony class can              
 perform community work service in lieu of all but 24 hours of a               
 sentence of imprisonment.  Section 6 imposes a mandatory 3 day                
 minimum jail sentence for the offense of joyriding, even as a                 
 misdemeanor.  Section 6 was added by the Division of Legal Services           
 to keep the sanctions for joyriding by juveniles consistent with              
 those for adults convicted of joyriding.                                      
                                                                               
 MS. KNUTH noted the DHSS and DOL are concerned about carrying over            
 the mandatory minimum 3 day jail sentence for juveniles since a               
 court could order a jail sentence for up to one year for a Class A            
 Misdemeanor.  She asked that Sections 5 and 6 be removed so that              
 juvenile offenders would go to juvenile detention facilities if               
 they were sentenced to jail time.                                             
                                                                               
 Number 536                                                                    
                                                                               
 SENATOR TAYLOR moved to amend CSSB 14 (JUD) to delete Section 5 and           
 Section 6.  There being no objection, the motion passed.                      
                                                                               
 MS. KNUTH continued.  Sections 7 and 8 allow the court to suspend             
 a person's driving privileges for the offense of joyriding.                   
 SENATOR ADAMS questioned Senator Leman's amendment to delete that             
 provision (lines 15 - 18, page 4).  MS. KNUTH noted those lines               
 contain no time frame, which may have been a technical error.  She            
 explained, by adopting Senator Leman's amendment, a first joyriding           
 offense would bring a license revocation of 30 days, a second                 
 offense would bring a 1 year revocation.                                      
                                                                               
 Number 572                                                                    
                                                                               
 SENATOR TAYLOR moved the adoption of Senator Leman's amendment to             
 delete on page 4, lines 15-18:                                                
                                                                               
 "Upon a subsequent conviction of a person for an offense                     
 described in (a)(1) of this section, the court shall revoke                   
 the person's license, privilege to drive, or privilege to                     
 obtain a license and may not grant the person limited license                 
 privileges."                                                                  
                                                                               
 SENATOR ADAMS requested that after changes are made, the bill be              
 held over to the next meeting to provide members adequate time to             
 review it.  There was no opposition to that request.  SENATOR                 
 TAYLOR noted there being no objection to the adoption of the                  
 amendment, the motion passed.                                                 
                                                                               
 MS. KNUTH continued with the sectional analysis.  She stated                  
 Section 9 allows juveniles to be prosecuted in District Court, as             
 an adult, and if the offense is joyriding or passenger joyriding,             
 the offender will appear in District Court.                                   
                                                                               
 SENATOR TAYLOR announced CSSB 14 (JUD) would be held over until               
 Wednesday, March 1.