03/01/1995 01:34 PM Senate JUD

 SJUD - 3/1/95                                                                 
                                                                               
       SB  46 PROSECUTE JUVENILE AS ADULT IN DIST. CT.                       
                                                                               
 JACK CHENOWETH, Division of Legal Services, Legislative Affairs               
 Agency, stated that at the request of the committee, he has                   
 provided an amendment (A.2) to SB 46 to modify the penalty for                
 minors in two situations:  when consuming alcohol; and when in                
 possession of tobacco.  He gave the following description of the              
 amendment.  On page 1, line 2, a title change reflects other                  
 changes in SB 46.  Section 1, AS 04.16.050(b), defines the offense            
 of minor consuming by a person under the age of 18 as a violation,            
 rather than as a misdemeanor.  A violation carries a monetary fine            
 of not more than $300; the amendment sets a minimum fine of $100.             
 Section 2 adds AS 04.16.050(b) to the list of exceptions of                   
 offenses in the alcoholic beverage code, that are otherwise                   
 punishable as class A misdemeanors.  Section 3 specifies that the             
 district court has jurisdiction over violations and specifically              
 identifies the consumption of alcohol and possession of tobacco as            
 violations.  A technical change was made on lines 9-11, and on page           
 2, line 11, the word "minor" was changed to "person under 19 years            
 of age" to conform with other text.                                           
                                                                               
 Number 546                                                                    
                                                                               
 SENATOR ADAMS asked if a judge could require community service in             
 lieu of the monetary fine.  MR. CHENOWETH replied he did not think            
 a judge could do that because the general definition of "violation"           
 speaks only in terms of monetary remuneration.  SENATOR ADAMS                 
 expressed concern that many juveniles may not be able to pay such             
 a fine therefore he suggested community service as an appropriate             
 alternative.                                                                  
                                                                               
 MS. KNUTH noted under AS 12.55.055(c) a judge may convert a fine              
 into community work service.                                                  
                                                                               
 TAPE 95-10, SIDE B                                                            
                                                                               
 MS. KNUTH explained the DOL believes that by reducing the offense             
 of minor consuming to a violation, more cases will come before the            
 court, as there is some reluctance to charge a minor with a class             
 A misdemeanor because of the penalties and proceedings.  DOL                  
 believes earlier intervention opportunities will occur as a result            
 of the change and will allow for preventive measures rather than              
 punitive measures.                                                            
                                                                               
 SENATOR TAYLOR expressed concern over the differentiation of minors           
 under the age of 18 and minors between the ages of 18 and 21.  MS.            
 KNUTH suggested making the following changes to the amendment: on             
 page 1, lines 5 and 7, change the word "minor's" to "person under             
 21 in"; on line 12, delete the words "who is a minor"; on page 2,             
 line 3, delete the words "a minor"; and on line 5 delete the words,           
 "a person under 19 years of age."                                             
                                                                               
 MS. KNUTH commented that this bill acknowledges district court                
 jurisdiction over these two violations, which could be interpreted            
 to mean it does not have jurisdiction over other violations.                  
 SENATOR TAYLOR agreed with Mr. Chenoweth that it needs to be                  
 stated, and that perhaps a revisor's bill is in order.                        
                                                                               
 SENATOR TAYLOR withdrew his original amendment.  There being no               
 objection, the motion passed.  SENATOR TAYLOR then moved the                  
 adoption of the amendment drafted by Mr. Chenoweth, labeled A.2,              
 dated 3/1/95, with the following changes:  on page 1, lines 5 and             
 7, change the word "minor's" to "person under 21 in", on line 12,             
 delete the words "who is a minor"; on page 2, line 3, delete the              
 words "a minor"; and on line 5 delete the words, "a person under 19           
 years of age."                                                                
                                                                               
 SENATOR MILLER moved SB 46 am out of committee with individual                
 recommendations.  There being no objection, the motion passed.