05/05/1998 02:00 PM House FIN

SENATE BILL NO. 218                                                            
                                                                               
"An Act relating to the crime of murder and to murder                          
of children."                                                                  
                                                                               
BRETT HUBER, STAFF, SENATOR HALFORD, testified in support of                   
SB 218.  He noted that the death of a child is always among                    
the gravest of situations.  He asserted that when a child's                    
death results from the commission of a crime, the                              
consequences should be certain and the punishment severe.                      
Senator Halford introduced this legislation to give law                        
enforcement, prosecutors and the courts additional tools to                    
address crime involving the murder of children.                                
                                                                               
HCS CSSB 218(JUD) makes the following changes to criminal                      
statutes:                                                                      
                                                                               
? amends current law by adding a new form of first                             
degree murder when the death of a child results from                           
the commission or attempted commission of                                      
kidnapping, or of a sexual offense,                                            
? expands the list of offenses constituting felony                             
murder to include sexual abuse of a minor in the                               
first and second degrees,                                                      
? elevates criminally negligent homicide from a class                          
C to a class B felony,                                                         
? establishes a twenty year mandatory minimum sentence                         
for a person convicted of a murder of a child under                            
the age of sixteen,                                                            
? increases the mandatory minimum sentence (from five                          
to seven years) for manslaughter, when the victim is                           
a child under the age of sixteen,                                              
? establishes a new sentencing provision, which allows                         
for a term of  unsuspended imprisonment that exceeds                           
the presumptive term, for certain felony offenses if                           
the victim is a child under the age of 16,                                     
? establishes the crime of custodial interference in                           
the first degree if a person violates AS 11.41.330                             
and causes a child or incompetent person to be                                 
removed or kept outside the state.                                             
                                                                               
Mr. Huber maintained that children, society's most                             
vulnerable members, deserve a responsible level of care when                   
entrusted to an adult.  The legislation is intended to                         
establish a level of punishment more commensurate with the                     
crime and send the clear message of deterrence that if you                     
kill a child, you're going to jail for a very long time.                       
                                                                               
Mr. Huber provided members with Amendment 1 (copy on file).                    
He observed that the amendment would correct a drafting                        
error.  "Natural parent, step parent, adopted parent," would                   
be added on page 3, line 27.  The Department of Law                            
suggested the language.  He observed that the Anchorage                        
Police Department brought the legislation to Senator                           
Halford's attention.                                                           
                                                                               
Representative Mulder questioned if there have been cases                      
that would have been affected by the legislation.                              
                                                                               
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, CRIMINAL                       
DIVISION, DEPARTMENT OF LAW observed that the Anchorage                        
Police Department did compile a list of cases involving                        
manslaughter, criminal negligent homicide, and second degree                   
murder.  He noted that sentences ranged from 18 months to 10                   
years.  An 18-month sentence would be raised to a 3 to 4                       
year sentence for criminal negligent homicide.  Manslaughter                   
sentences of 5 years would be increased to 7 years.  Second-                   
degree murder sentences of 10 years would be increased to 20                   
years.  He noted that the intent is to provide uniformity                      
and to eliminate some of the variability of cases around the                   
state of Alaska.  He noted that there would only be a few                      
cases affected by the legislation.                                             
                                                                               
In response to a question by Representative Grussendorf, Mr.                   
Guaneli explained that criminal negligent homicide would be                    
elevated from a class C felony to class B felony.  He                          
estimated that some borderline cases of criminal negligence                    
and manslaughter might be plea-bargained down.                                 
                                                                               
Representative Mulder MOVED to ADOPT Amendment 1.  There                       
being NO OBJECTION, it was so ordered.                                         
                                                                               
Representative Kohring MOVED to report HCS CSSB 218 (FIN)                      
out of Committee with the accompanying fiscal note.  There                     
being NO OBJECTION, it was so ordered.                                         
                                                                               
HCS CSSB 218 (FIN) was REPORTED out of Committee with a "do                    
pass" recommendation and with two zero fiscal notes, one by                    
the Department of Corrections, dated 2/12/98 and one by the                    
Department of Labor, dated 2/12/98; and one fiscal impact                      
note by the Department of Administration, dated 2/12/98.