05/06/1997 02:30 PM House FIN

  SENATE BILL 70                                                               
                                                                               
       "An Act defining the offenses  of unlawful discharge of                 
       a  firearm;  and relating  to  the commission  of those                 
       offenses by minors."                                                    
                                                                               
  JAMES ARMSTRONG, STAFF, SENATOR DAVE DONLEY,  explained that                 
  SB 70 would provide strong new deterrents to individuals who                 
                                                                               
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  unlawfully discharge firearms at buildings or dwellings.                     
                                                                               
  Last year, an Anchorage family was awakened in the middle of                 
  the night  to a  barrage  of gunfire.    The next  day,  the                 
  Anchorage  Police Department  found five  bullets lodged  in                 
  various  locations  of  the  family's   home.    Juneau  has                 
  witnessed seven separate accounts of  shootings at dwellings                 
  in  the  last year  alone.    Under current  State  law, the                 
  unlawful discharge  of a  firearm at  a building  is only  a                 
  misdemeanor.                                                                 
                                                                               
  SB 70 would  create a  new class  B felony  offense for  the                 
  unlawful  discharge  of  a  firearm  at  a  dwelling.    The                 
  legislation would also create  a class B felony offense  for                 
  discharging a  firearm in the  direction of a  building with                 
  reckless disregard of risk  of physical injury to  a person.                 
  It  would  also  address  the  problem  of  random  reckless                 
  discharges of firearms by instituting tough new penalties on                 
  those  individuals  who  not   only  endanger  property  but                 
  innocent lives as well.                                                      
                                                                               
  Mr. Armstrong explained that the work draft would add intent                 
  language to Section 1.  Representative J. Davies recommended                 
  discussion by the  Department of Law addressing  the changes                 
  made to the work draft.                                                      
                                                                               
  ANNE   CARPENETI,   ASSISTANT  ATTORNEY   GENERAL,  CRIMINAL                 
  DIVISION, DEPARTMENT OF  LAW, testified that there  is legal                 
  justification  contained  in  the  criminal  code  and  that                 
  removal  of the proposed  language would not  be in conflict                 
  with that criteria.   The language  is not necessary as  the                 
  legal justification applies to all statutes.                                 
                                                                               
  Representative  Martin  MOVED that  work  draft, 0-LS0272\C,                 
  Luckhaupt,  5/5/97,  be the  version  before  the Committee.                 
  There being NO OBJECTION, it was adopted.                                    
                                                                               
  Representative Martin MOVED to report  HCS CSSB 70 (FIN) out                 
  of Committee  with individual recommendations  and with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  HCS CS SB 70 (FIN) was reported  out of Committee with a "do                 
  pass" recommendation  and with  fiscal notes  by the  Alaska                 
  Court  System,   the  Department  of   Administration  dated                 
  4/10/97, the Department of Law dated 4/9/97, and zero fiscal                 
  notes by the Department of Administration dated 4/10/97, the                 
  Department of Corrections  dated 4/10/97, the  Department of                 
  Public Safety dated 2/21/97 and the Department of Health and                 
  Social Services dated 2/21/97.