Legislature(2005 - 2006)HOUSE FINANCE 519
05/09/2005 08:30 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB153 | |
| HB68 | |
| SB22 | |
| SB164 | |
| SB22 | |
| SB135 | |
| SB73 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 153 | TELECONFERENCED | |
| + | SB 22 | TELECONFERENCED | |
| + | SB 164 | TELECONFERENCED | |
| + | SB 135 | TELECONFERENCED | |
| += | HB 68 | TELECONFERENCED | |
| += | SB 73 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR SENATE BILL NO. 135(JUD)(efd am)
"An Act relating to the crimes of assault and custodial
interference; and providing for an effective date."
JASON HOOLEY, STAFF, SENATOR FRED DYSON, read the sponsor
statement (copy on file.)
10:07:52 AM
Representative Hawker noted a House amendment by
Representative Berkowitz. He asked if that amendment had
been considered.
Mr. Hooley asked which amendment that was. No one
remembered. Representative Hawker explained that it was a
hand-written amendment by Representative Berkowitz.
10:08:54 AM
Representative Joule offered to find the amendment.
10:09:25 AM
At ease.
10:16:15 AM
Representative Hawker MOVED to ADOPT Amendment #1:
Delete lines 13-14 on page 1
Delete lines 1-2 on page 2
Insert on page 1, line 13, following "injury"
"causes disfigurement, impairment of health, or loss or
impairment of the function of a body member or organ."
Co-Chair Meyer OBJECTED for discussion purposes.
Representative Hawker read the amendment.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, DEPARTMENT
OF LAW, testified regarding the amendment. He explained the
bill regarding assaults against children. The current law
reads that if a person causes physical injury to a child
under ten, and the injury requires medical care, it is a
felony assault. The law attempts to take action so that the
person will get supervision. The next step is often the
killing of a child. He related a case that caused a need
for the bill.
He did not think that a misdemeanor level of regard was
appropriate. The Court of Appeals said that the current
language is not triggered by diagnostic procedures. That
was not the legislative intent with passage of the
legislation.
10:21:13 AM
Vice-Chair Stoltze stated that the legislation addresses
assaulting a defenseless child. Mr. Guaneli replied that
the shaken baby syndrome causes severe injuries, which this
bill would also address.
10:22:08 AM
Representative Hawker opined that the amendment is
appropriate and does accomplish the intent of the bill. It
allows for clear criteria.
10:23:26 AM
Mr. Guaneli replied that current law requires proof of
physical injury. It would have to be proven that the child
was impaired and that level injury caused needed medical
attention. The issue is whether some form of medical
treatment is required. Current law requires proof that the
child was injured. He opined that the amendment would not
further the purpose of the legislation.
10:25:19 AM
Representative Hawker WITHDREW Amendment #1.
10:25:35 AM
Representative Foster MOVED to report CSSB 135 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSSB 135 (JUD) was REPORTED out of Committee with a "no
recommendation" recommendation and with three zero fiscal
impact notes: #1 ADM, #2 ACS, #3 LAW.
RECESSED: 10:26 A.M.
RECONVENED: 11:07:55 PM.
(Audio restored)
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