02/22/2013 01:30 PM Senate JUDICIARY

                     SB  43-PROPERTY CRIMES                                                                                 
                                                                                                                                
1:34:58 PM                                                                                                                    
CHAIR COGHILL announced the consideration of SB 43 and asked for                                                                
a motion to adopt the work draft committee substitute (CS).                                                                     
                                                                                                                                
1:35:30 PM                                                                                                                    
SENATOR DYSON moved to adopt CS for SB 43, labeled 28-LS0401\U,                                                                 
as the working document. There being no objection, Version U was                                                                
before the committee.                                                                                                           
                                                                                                                                
CHAIR COGHILL, speaking as the sponsor of SB 43, explained that                                                                 
the reason for the sponsor substitute is that the original bill                                                                 
inadvertently omitted the term "property" in the title.                                                                         
                                                                                                                                
He introduced the bill speaking to the following sponsor                                                                        
statement:                                                                                                                      
                                                                                                                                
     Senate Bill  43 ("SB") is about  smart justice. Justice                                                                    
     should not be diminished by inflation.                                                                                     
                                                                                                                                
     The  current  values found  in  AS  11.46 (Chapter  46.                                                                    
     Offenses  Against Property)  were adopted  in 1978.  To                                                                    
     put  that in  perspective: In  1978, milk  was $1.71  a                                                                    
     gallon, gasoline  was $0.63 a  gallon and a  dozen eggs                                                                    
     cost $0.82.                                                                                                                
                                                                                                                                
     What is the  net effect of not adjusting  the values in                                                                    
     the aforementioned statutes?                                                                                               
                                                                                                                                
     Right now, a 19-year-old  adult charged with stealing a                                                                    
     bicycle  (valued  at $500  or  more)  faces a  class  C                                                                    
     felony.  Upon conviction,  this status  as a  felon has                                                                    
     long-term  damaging   effects  which  may   affect  the                                                                    
     person's  livelihood,  integration  into  society,  and                                                                    
     overall quality of life. The  repercussions and cost to                                                                    
     the person's family and society  can be very high. This                                                                    
     dynamic needs to change.                                                                                                   
                                                                                                                                
     SB 43  corrects that  problem. SB 43  acknowledges that                                                                    
     prices  are not  "as they  were" in  1978 and  that the                                                                    
     values need  to be  adjusted for  inflation. "Valuation                                                                    
     updates"  in  statutes/code   for  theft  and  property                                                                    
     crimes  are common  throughout  the  United States  and                                                                    
     must  be   done  periodically  as  goods   become  more                                                                    
     expensive. Alaska is no different.                                                                                         
                                                                                                                                
     Make  no mistake:  Guilty  defendants  will still  face                                                                    
     justice. The  court, at  sentencing, may  still require                                                                    
     restitution, jail time and  fines. Courts, depending on                                                                    
     the  circumstances,  can  still  aggressively  sentence                                                                    
     defendants to the furthest extent of the law.                                                                              
                                                                                                                                
      SB 43 merely updates the values to 2013 standards to                                                                      
     ensure all parties are given intelligent, appropriate                                                                      
     justice.                                                                                                                   
                                                                                                                                
CHAIR   COGHILL  warned   the  committee   that  testimony   from                                                               
storeowners in particular  would probably be that  this bill will                                                               
make it more difficult to  prosecute shoplifting or theft crimes.                                                               
The bill proposes to increase the  values in AS 11.46 from $50 to                                                               
$250  and  from  $500  to  $1,500.  He  noted  that  the  packets                                                               
contained  information on  felony  theft thresholds  in 11  other                                                               
states and  the year  that the values  were updated.  He reminded                                                               
the  committee that  a  person who  is charged  with  a theft  or                                                               
property  crime   would  still  face   a  class  A  or   class  B                                                               
misdemeanor, which could  result in a year in jail  and a $10,000                                                               
fine.                                                                                                                           
                                                                                                                                
SENATOR  OLSON  commented that  the  price  of  gas has  gone  up                                                               
exponentially, but the price of a  cell phone has dropped just as                                                               
dramatically.                                                                                                                   
                                                                                                                                
CHAIR  COGHILL  agreed  that  would  be  part  of  the  balancing                                                               
discussion of thievery. Comments he  heard were that the price of                                                               
electronics has gone down but stealing them has become easier.                                                                  
                                                                                                                                
1:38:36 PM                                                                                                                    
CHAIR COGHILL stated he would hold SB 43 in committee.