Legislature(1997 - 1998)
01/27/1998 01:43 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE BILL NO. 63
"An Act providing for automatic waiver of juvenile
jurisdiction and prosecution of minors as adults for
certain violations of laws by minors who use deadly
weapons to commit offenses that are crimes against a
person, and relating to the sealing of the records of
those minors."
SENATOR DAVE DONLEY provided members with a new proposed
committee substitute for SB 63, work draft 0-LS029\K,
1/27/98 (copy on file). He explained that the language in
subsection (3) of the proposed committee substitute should
be amended on page 2, line 11. He suggested that "a crime
against a person punishable as a felony" be deleted and
"class B felony and the felony is a crime against a person"
be inserted.
Co-Chair Therriault MOVED to ADOPT work draft 0-LS029\K,
1/27/98, as the version before the Committee. There being
NO OBJECTION, the motion was adopted.
Co-Chair Therriault MOVED to ADOPT a verbal Amendment #1 to
delete "a crime against a person punishable as a felony" and
insert "class B felony and the felony is a crime against a
person". There being NO OBJECTION, the motion was adopted.
Senator Donley explained that the committee substitute would
limit the applicability of the automatic waiver to
approximately three cases a year. A second class B felony
offense committed with a deadly weapon, not a dangerous
instrument, would be added.
Co-Chair Therriault explained that the Department of Health
and Social Services determined that three additional cases a
year would be waived.
Representative Davies provided members with Amendment # 2
(copy on file). He explained that the amendment would
clarify that "a crime against a person" modifies class A and
unclassified felonies. He observed that this is the current
interpretation by the Department of Law. He asserted that
serious crimes are currently being waived under existing
law. He observed that there is an over the counter version
of aspirin in Canada, 222, which contains the controlled
substance codeine. Under the proposed committee substitute,
a minor could be automatically waived in to adult court for
giving a 222.
Representative Davies MOVED to ADOPT Amendment #2.
Senator Donley spoke against the amendment. He emphasized
that the original legislation intended that waiver of
unclassified felonies would not be dependent on being a
crime against a person. He noted that Senator Halford, the
original sponsor, is opposed to the amendment.
Co-Chair Therriault clarified that a minor would have to be
under the age of 19 and deliver a controlled substance to a
person whom is at least three years younger to be impacted
by the amendment.
MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW spoke against the amendment. In response
to a question by Representative Davies, Ms. Knuth observed
that the Department of Law and the Department of Health and
Social Services interprets "a crime against a person" to
modify both unclassified and class A felonies. She asserted
that the change would be beyond the scope of the bill's
title.
Senator Donley observed that the original legislation was
the result of a conference committee compromise. He noted
that the original Senate version was not limited to a crime
against a person. The House version was limited to a crime
against a person. He maintained that the compromise did not
limit unclassified felonies to crimes against a person.
Class A felonies were limited to crimes against a person.
Ms. Knuth stated that the title indicates that the
legislation is an Act providing for automatic waiver of
juvenile jurisdiction and prosecution of minors as adults
for certain violations of laws by minors who use deadly
weapons to commit offenses that are crimes against a person.
The amendment would expand automatic waiver to unclassified
felonies that are not crimes against a person.
Senator Donley argued that the title difficulty is only
based on an interpretation from the Department of Law. He
stated that he could equally argue the other side based on
the conference committee history. He maintained that the
conference committee intent was clear.
Co-Chair Therriault OBJECTED to the adoption of Amendment
Ms. Knuth noted that there are other unclassified offenses
that are not crimes against a person. She observed that, in
addition to controlled substances in the first degree that
tampering with the pipeline would be an unclassified offense
that is not a crime against a person. She reiterated that
unclassified felony offenses, that are also crimes against a
person, are appropriate for an automatic waiver. She
stressed that the Department of Law has not considered the
propriety of automatic waiver for unclassified felony
offenses that are not crimes against a person.
Senator Donley emphasized that prosecutors can use
discretion by charging a lesser offense.
Representative Davies maintained that based on cases that
have been waived since 1997, waivers are occurring on
offenses below the level of concern addressed by the
legislation.
Senator Donley stressed that the legislation would not
require a prior history of serious crimes to seek the
automatic waiver. He maintained that there is a serious
problem in the juvenile justice system of repeat offenders
of violent crimes. He asserted that current waivers are the
result of a history of violent crimes. He did not think
that less serious crimes are waived without a history of
offenses.
Ms. Knuth emphasized that the safe guard of the juvenile
criminal system should not be based on the ability of
prosecutors to under charge offenses. She maintained that
prosecutors should be allowed to enforce the law in the form
that it is legislated.
Senator Donley stressed that prosecutors commonly use
discretion. He noted that it is difficult to craft laws
that cover every possible scenario.
Ms. Margot acknowledged that there are cases were
prosecutors use discretion.
She noted that prosecutors might decide to use a lesser plea
to avoid a trial that would further victimize the victim.
Representative Kelly noted that one of the reasons the state
of Alaska has open court is to protect the rights of the
accused. He asserted prosecutors would not prosecute the
case of a minor who gave his sister aspirin with codeine.
He emphasized that the amendment would give prosecutors the
ability to go after the "really bad kid."
Ms. Knuth noted that the House Finance Committee is the last
committee of referral for the legislation. She emphasized
that the amendment represents a substantive change of law.
She expressed concern that the issue has not been addressed
in any other hearings and is not reflected in the title of
the bill.
Representative Davies spoke in support of Amendment #2. He
reiterated that the discretion to waive juveniles into adult
court already exists.
Co-Chair Therriault noted that he would hold the bill to
determine if the amendment would present a title problem.
SB 63 was HELD in Committee for further consideration.
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