03/31/1998 09:10 AM Senate FIN

                                                                               
CS FOR SENATE BILL NO. 218(JUD)                                                
"An Act relating to the crimes of murder, manslaughter,                        
and criminally negligent homicide and to homicides of                          
children."                                                                     
                                                                               
BRETT HUBER, staff to the bill's sponsor, Senator Rick                         
Halford was invited to speak to this legislation.  His                         
testimony was as follows.                                                      
                                                                               
"Death of a child is always amongst the greatest of                            
situations.  When a child's death results from the                             
commission of a crime, or the failure to provide decent                        
care, the consequences should be certain and the punishment                    
should be severe."                                                             
                                                                               
"Senator Halford introduced this legislation to give law                       
enforcement, prosecutors and the court additional tools to                     
address crime involving the murder of children."                               
                                                                               
"CS for SB 218 Judiciary makes the following changes to our                    
criminal statutes.  It amends the 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 sexual abuse.  It also expands the list of                       
offenses constituting felony murder to include sexual abuse                    
of a minor in the first and second degrees.  It elevates                       
criminally negligent homicide from a Class C to a Class B                      
felony; establishes a 20 year mandatory minimum sentence for                   
a person convicted of a murder of a child under the age of                     
16; it increases the mandatory minimum sentence from five to                   
seven years for manslaughter when the victim is a child                        
under the age of 16; and it 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."                                                                           
                                                                               
"Our children, societies most vulnerable members, deserve a                    
responsible level of care when entrusted to an adult.  This                    
legislation is intended to establish a level of punishment                     
more commensurate with the crime and send a clear message of                   
deterrence: If you kill a child, you're going to jail for a                    
long time."                                                                    
                                                                               
"You'll note in your packet endorsement of this bill by the                    
Alaska Peace Officers Association, The Victims for Justice,                    
and AWAKE."                                                                    
                                                                               
"Mr. Chairman, thank you for the opportunity to testify, I                     
believe you have an amendment for the committee's                              
consideration.  I could speak to it if you'd like or I'd be                    
happy to answer questions."                                                    
                                                                               
Senator Torgerson moved for adoption of the amendment -                        
Amendment #1, to allow the sponsor's representative to speak                   
to it while he was at the table.  Senator Adams objected for                   
the same purpose.                                                              
                                                                               
Mr. Huber's comments on the amendment were as follows.                         
                                                                               
"The amendment was brought to us - a problem that the                          
Department of Law pointed out with our statutes governing                      
Custodial Interference in the First Degree.  Currently the                     
custodial interference statutes reads, if you are sending a                    
child away to the other parent on a visitation basis, during                   
that visitation period if the other parent takes the child                     
and removes him from the state and keeps the child past                        
visitation, that's Custodial Interference in the First                         
Degree, which is a felony, which gives the opportunity for                     
our law enforcement agencies to work with other law                            
enforcement agencies in other states and the federal                           
government to find and bring back the child and the parent                     
that took the child."                                                          
                                                                               
However, currently if you're sending that child outside for                    
visitation, then if past the visitation time that other                        
parent keeps the child, you're in the same situation.  But                     
because of the way the statutes are drafted, that doesn't                      
constitute felony first degree.  It is a second degree and a                   
misdemeanor.  The Department of Law brought this forward."                     
                                                                               
"There is an actual case sited that judge's ruling speaks to                   
the amendment.  It says, 'The state argues that the phrase                     
includes any keeper of the child in any other state as the                     
extent of the statute was to enlist the power of federal                       
authorities and to have the power of extradition.  The court                   
fully appreciates the need to charge a felony as other                         
states and the federal government will not assist in the                       
return of misdemeanant offendants.  However the clear                          
language of AS 11.41.320 and its commentary require the                        
allegation that the defendant caused the victim to be                          
removed from the state.  The state's request for a felony                      
warrant is thus denied.'"                                                      
                                                                               
"This amendment would take care of that situation."                            
                                                                               
Senator Pearce had no problem with the amendment.  She                         
expressed surprise that the bill drafter, Jerry Luckhaupt                      
felt that the addition of this amendment would not require a                   
change of title for the bill.  Mr. Huber responded that                        
there was a greater degree of latitude of what fit in the                      
title under single subject when dealing with criminal code                     
than other areas of the law.  The drafter is comfortable                       
with the amendment, Mr. Huber attested.                                        
                                                                               
Senator Adams removed his objection to the adoption of the                     
amendment.  Without further objection, Amendment #1 was                        
adopted.                                                                       
                                                                               
The committee began hearing public testimony on the bill.                      
Co-Chair Sharp noted several people in the audience who                        
signed up to answer questions if needed.  LAUREE HUGONIN,                      
Director of the Alaska Network on Domestic Violence and                        
Sexual Assault wished to testify and was invited to the                        
table to do so.  After introducing herself she spoke to the                    
legislation as follows.                                                        
                                                                               
"Just a couple of brief comments. The Network is in favor                      
and supports SB 218.  We think it is important that people                     
understand that if they are going to chose to commit this                      
heinous act, then they're going to have a penalty to pay                       
that hopefully would give them pause to think."                                
                                                                               
"I don't know about the amendment you just passed.  We have                    
not had an opportunity to review that before.  I think we                      
would be generally supportive of it, my concern would be if                    
a battered woman needed to flee the state with her child to                    
protect her child, that would be keeping her child outside                     
the state.  I haven't had a chance to look at what AS                          
11.41.330 says so I can't comment on that but we're                            
supportive of SB 218."                                                         
                                                                               
There were no questions of the testifier and no further                        
discussion by committee members.                                               
                                                                               
Senator Phillips moved CS SB 218 (FIN) from committee with                     
the three accompanying zero fiscal notes.  There was no                        
objection and Co-Chair Sharp so ordered.