Legislature(1995 - 1996)
03/01/1995 01:34 PM Senate JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SJUD - 3/1/95
SB 14 INCREASED PENALTIES FOR JOYRIDING
SENATOR MILLER moved the adoption of Work Version O, dated 2/28/95,
as the new work version. SENATOR ADAMS objected until the
committee heard a review by the Department of Law.
MARGOT KNUTH stated Version O approaches the issue from a new
angle, but provides more flexibility to the state and has the same
finish line. It changes the sentencing provision under AS
11.46.484(c) by making a second joyriding offense a felony if the
offender is 18 years of age or older (line 5). Two other
conditions already exist in which a joyriding offense can be
classified as a felony: when more than $500 worth of damage to the
vehicle occurs; and when the vehicle is a police, or other
emergency, vehicle. Those two provisions have not been impacted by
SB 14 and allow the prosecutor's office the flexibility to put a
minor through delinquency proceedings for a felony. When those
circumstances apply, this may be appropriate if the offender's past
history warrants detention or monitoring.
MS. KNUTH explained that in most cases, the principle concern is to
deter the person from re-offending and to get restitution for the
vehicle owner. She felt this can be best accomplished in district
court, which has the power of supervision over probation. Version
O maintains those offenses as misdemeanors for juveniles in
district court.
MS. KNUTH explained Section 2 addresses a technical oversight
regarding emergency vehicles. Section 3 allows the revocation of
driving privileges for joyriding offenses. Section 4 specifies the
length of time for license revocations. Section 5 requires
juveniles to appear in district court for joyriding offenses.
Number 382
SENATOR ADAMS asked if juveniles appearing in district court would
be charged with misdemeanors for the first two offenses, and with
a felony on the third offense. MS. KNUTH stated that is correct.
SENATOR ADAMS asked if an adult would be charged with a misdemeanor
for the first offense, and with a felony for the second offense.
MS. KNUTH clarified that juveniles arrested for joyriding offenses
will always be charged with a misdemeanor; the offense could only
be charged as a felony after the offender turns 18, unless more
than $500 worth of damage is caused, or an emergency vehicle is
used (in which case felony charges would be pursued through
juvenile delinquency proceedings which do not result in adult
convictions).
SENATOR ADAMS questioned whether a first time adult offender is
charged with a misdemeanor, and a second time adult offender is
charged with a felony. MS. KNUTH replied affirmatively. SENATOR
ADAMS asked if Version O changes the fiscal notes submitted for the
original version of SB 14. MS. KNUTH was uncertain whether fiscal
notes were submitted for the original version. She noted that
approach raised the joyriding offense to a felony which would have
had significant fiscal impacts on the Departments of Law and
Corrections. Version O will have a much smaller fiscal impact.
Number 403
SENATOR ADAMS commented many versions of SB 14 have been considered
but the fiscal impacts of those changes have not been addressed.
SENATOR TAYLOR commented that he understood Version O to raise the
second juvenile joyriding offense to a felony. MS. KNUTH stated
the second offense would only be raised to a felony if the offender
had turned 18.
JUANITA HENSLEY, Division of Motor Vehicles, Department of Public
Safety, testified. She explained the original version of SB 14
would have no impact on the Division of Motor Vehicles. Version O
will impact the Division since court ordered license revocations
would have to be processed, however the revenue generated from
license reinstatement fees would offset processing costs and
provide a source of revenue.
SENATOR TAYLOR noted the fiscal note on Version O from the
Department of Corrections should reflect a decrease in costs.
Number 431
MS. KNUTH noted that Version O inadvertently includes a mandatory
3 day prison sentence. JERRY LUCKHAUPT, Division of Legal
Services, explained that when drafting Version O he removed two
sections that were in the previous version of SB 14, at the
committee's request. One of those sections created a new offense
specific to juveniles, and made it consistent with other
misdemeanor joyriding offenses. That provision mandated a 3 day
prison sentence, of which 2 days could be served by doing community
service. When that section was removed, the ability to replace
prison time with community service was removed. He suggested
reinstating the community service provision by including a clause
that states that AS 12.55.135 (f) would only apply to offenders at
least 18 years of age.
SENATOR TAYLOR stated that under existing law, juveniles never
serve prison time. MS. KNUTH clarified that if that amendment were
made, the 3 day prison sentence would not be mandatory, but would
allow the judge to determine whether it is warranted, depending
upon the circumstances of the particular offense.
Number 470
SENATOR ADAMS asked if the amendment would provide the judge with
the option of imposing the prison sentence. MS. KNUTH replied
affirmatively. SENATOR ADAMS noted he was not opposed to that
provision. MR. LUCKHAUPT reiterated the mandatory 3 day prison
sentence would only apply to offenders over the age of 18.
SENATOR ADAMS removed his objection to the motion to adopt Version
O as the working version. The motion was adopted.
SENATOR TAYLOR moved to adopt the conceptual amendment to be
drafted by Mr. Luckhaupt, to remove the mandatory 3 day prison
requirement for offenders under the age of 18. There being no
objection, the motion passed.
SENATOR TAYLOR commented SB 14 was originally introduced to raise
the penalties for all joyriding violations from a criminal mischief
3 class A misdemeanor to a criminal mischief 2 class C felony. The
second joyriding conviction within 7 years would have been raised
from a criminal mischief 2 class C felony to a criminal mischief 1
class B felony. After public testimony was taken, the committee
has found that over 50 percent of the offenders are juveniles who
are not appearing in court because of their juvenile status. As a
consequence, the committee has redrafted the legislation to address
the 50 percent of juvenile cases that are not being handled
effectively.
SENATOR MILLER moved SB 14 (am) with the conceptual amendment out
of committee with individual recommendations. There being no
objection, the motion passed.
| Document Name | Date/Time | Subjects |
|---|