Legislature(2015 - 2016)BELTZ 105 (TSBldg)
04/13/2016 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB27 | |
| HB308 | |
| SB212 | |
| SB187 | |
| HB8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 187 | TELECONFERENCED | |
| + | HB 308 | TELECONFERENCED | |
| *+ | SB 212 | TELECONFERENCED | |
| + | HB 27 | TELECONFERENCED | |
| + | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 8 | TELECONFERENCED | |
SB 187-MOTOR VEHICLE ARSON ON PRIVATE PROPERTY
2:43:52 PM
CHAIR MCGUIRE announced the consideration of SB 187.
2:44:06 PM
JESSE KIEHL, Staff, Senator Dennis Egan, Alaska State
Legislature, Juneau, Alaska, informed the committee that SB 187
closes an interesting oddity in Alaska's arson law. Under
existing law, if a person intentionally lights a fire and there
is a serious risk of injury to someone, that is arson in the
first degree, a class A felony. If a person intentionally burns
a building that isn't theirs, that is arson in the second
degree, a class B felony. If someone burns a vehicle, whether
they own it or not, on city or state land, that is arson in the
third degree, a class C felony. But it is not arson if a person
burns the boss's car in the company parking lot or an ex's car
in her driveway. That is criminal mischief in the third degree.
SB 187 fixes that oddity by extending the crime of arson to
include burning another person's car, regardless of where it is
parked. It will be arson in the third degree, a class C felony.
2:46:21 PM
CHAIR MCGUIRE commented that burning is an early indicator of
deviant, antisocial behavior; it demonstrates a wanton disregard
for life and property.
MR. KIEHL related that the current arson statute was created in
2008 and aimed at a particular situation that had gotten out of
control. The sponsor of that bill supports this legislation.
CHAIR MCGUIRE asked if the mental intent is intentionally.
MR. KIEHL said intentionally burning is the status quo language
throughout the existing arson statutes and there have been many
successful prosecutions with that language.
CHAIR MCGUIRE commented on the Sockeye Fire.
MR. KIEHL said the follow-on risks to intentionally starting a
fire are significant and, as a former volunteer fireman, the
sponsor is particularly concerned about the risk to first
responders in a vehicle fire.
SENATOR COGHILL stated support for the bill.
2:50:53 PM
DAN JAGER Fire Marshall, Capital City Fire and Rescue, and board
member, Alaska Association of Fire Arson Investigators, said
this group has been pushing to make changes in the arson
statute. SB 187 adds clarification for fire investigators across
the state and ensures that people who are responsible for
burning vehicles will be properly charged.
2:51:32 PM
CHAIR MCGUIRE found no further comment and closed public
testimony on SB 187. Finding no amendments or committee
discussion, she solicited a motion.
2:51:47 PM
SENATOR COGHILL moved to report SB 187 from committee with
individual recommendations and attached zero fiscal note.
CHAIR MCGUIRE announced that without objection, SB 187 is
reported from the Senate Judiciary Standing Committee.