Legislature(1997 - 1998)

01/27/1998 01:43 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SENATE BILL NO. 63                                                             
                                                                               
"An Act providing for automatic waiver of juvenile                             
jurisdiction and prosecution of minors as adults for                           
certain violations of laws by minors who use deadly                            
weapons to commit offenses that are crimes against a                           
person, and relating to the sealing of the records of                          
those minors."                                                                 
                                                                               
SENATOR DAVE DONLEY provided members with a new proposed                       
committee substitute for SB 63, work draft 0-LS029\K,                          
1/27/98 (copy on file).  He explained that the language in                     
subsection (3) of the proposed committee substitute should                     
be amended on page 2, line 11.  He suggested that "a crime                     
against a person punishable as a felony" be deleted and                        
"class B felony and the felony is a crime against a person"                    
be inserted.                                                                   
                                                                               
Co-Chair Therriault MOVED to ADOPT work draft 0-LS029\K,                       
1/27/98, as the version before the Committee.  There being                     
NO OBJECTION, the motion was adopted.                                          
                                                                               
Co-Chair Therriault MOVED to ADOPT a verbal Amendment #1 to                    
delete "a crime against a person punishable as a felony" and                   
insert "class B felony and the felony is a crime against a                     
person".  There being NO OBJECTION, the motion was adopted.                    
                                                                               
Senator Donley explained that the committee substitute would                   
limit the applicability of the automatic waiver to                             
approximately three cases a year.  A second class B felony                     
offense committed with a deadly weapon, not a dangerous                        
instrument, would be added.                                                    
                                                                               
Co-Chair Therriault explained that the Department of Health                    
and Social Services determined that three additional cases a                   
year would be waived.                                                          
                                                                               
Representative Davies provided members with Amendment # 2                      
(copy on file).  He explained that the amendment would                         
clarify that "a crime against a person" modifies class A and                   
unclassified felonies.  He observed that this is the current                   
interpretation by the Department of Law.  He asserted that                     
serious crimes are currently being waived under existing                       
law.  He observed that there is an over the counter version                    
of aspirin in Canada, 222, which contains the controlled                       
substance codeine.  Under the proposed committee substitute,                   
a minor could be automatically waived in to adult court for                    
giving a 222.                                                                  
                                                                               
Representative Davies MOVED to ADOPT  Amendment #2.                            
                                                                               
Senator Donley spoke against the amendment.  He emphasized                     
that the original legislation intended that waiver of                          
unclassified felonies would not be dependent on being a                        
crime against a person.  He noted that Senator Halford, the                    
original sponsor, is opposed to the amendment.                                 
                                                                               
Co-Chair Therriault clarified that a minor would have to be                    
under the age of 19 and deliver a controlled substance to a                    
person whom is at least three years younger to be impacted                     
by the amendment.                                                              
                                                                               
MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION,                   
DEPARTMENT OF LAW spoke against the amendment.  In response                    
to a question by Representative Davies, Ms. Knuth observed                     
that the Department of Law and the Department of Health and                    
Social Services interprets "a crime against a person" to                       
modify both unclassified and class A felonies.  She asserted                   
that the change would be beyond the scope of the bill's                        
title.                                                                         
                                                                               
Senator Donley observed that the original legislation was                      
the result of a conference committee compromise.  He noted                     
that the original Senate version was not limited to a crime                    
against a person.  The House version was limited to a crime                    
against a person.  He maintained that the compromise did not                   
limit unclassified felonies to crimes against a person.                        
Class A felonies were limited to crimes against a person.                      
                                                                               
Ms. Knuth stated that the title indicates that the                             
legislation is an Act providing for automatic waiver of                        
juvenile jurisdiction and prosecution of minors as adults                      
for  certain violations of laws by minors who use deadly                       
weapons to commit offenses that are crimes against a person.                   
The amendment would expand automatic waiver to unclassified                    
felonies that are not crimes against a person.                                 
                                                                               
Senator Donley argued that the title difficulty is only                        
based on an interpretation from the Department of Law.  He                     
stated that he could equally argue the other side based on                     
the conference committee history.  He maintained that the                      
conference committee intent was clear.                                         
                                                                               
Co-Chair Therriault OBJECTED to the adoption of Amendment                      
                                                                               
Ms. Knuth noted that there are other unclassified offenses                     
that are not crimes against a person.  She observed that, in                   
addition to controlled substances in the first degree that                     
tampering with the pipeline would be an unclassified offense                   
that is not a crime against a person.  She reiterated that                     
unclassified felony offenses, that are also crimes against a                   
person, are appropriate for an automatic waiver.  She                          
stressed that the Department of Law has not considered the                     
propriety of automatic waiver for unclassified felony                          
offenses that are not crimes against a person.                                 
                                                                               
Senator Donley emphasized that prosecutors can use                             
discretion by charging a lesser offense.                                       
                                                                               
Representative Davies maintained that based on cases that                      
have been waived since 1997, waivers are occurring on                          
offenses below the level of concern addressed by the                           
legislation.                                                                   
                                                                               
Senator Donley stressed that the legislation would not                         
require a prior history of serious crimes to seek the                          
automatic waiver.  He maintained that there is a serious                       
problem in the juvenile justice system of repeat offenders                     
of violent crimes.  He asserted that current waivers are the                   
result of a history of violent crimes.  He did not think                       
that less serious crimes are waived without a history of                       
offenses.                                                                      
                                                                               
Ms. Knuth emphasized that the safe guard of the juvenile                       
criminal system should not be based on the ability of                          
prosecutors to under charge offenses.  She maintained that                     
prosecutors should be allowed to enforce the law in the form                   
that it is legislated.                                                         
                                                                               
Senator Donley stressed that prosecutors commonly use                          
discretion.  He noted that it is difficult to craft laws                       
that cover every possible scenario.                                            
                                                                               
Ms. Margot acknowledged that there are cases were                              
prosecutors use discretion.                                                    
She noted that prosecutors might decide to use a lesser plea                   
to avoid a trial that would further victimize the victim.                      
                                                                               
Representative Kelly noted that one of the reasons the state                   
of Alaska has open court is to protect the rights of the                       
accused.  He asserted prosecutors would not prosecute the                      
case of a minor who gave his sister aspirin with codeine.                      
He emphasized that the amendment would give prosecutors the                    
ability to go after the "really bad kid."                                      
                                                                               
Ms. Knuth noted that the House Finance Committee is the last                   
committee of referral for the legislation.  She emphasized                     
that the amendment represents a substantive change of law.                     
She expressed concern that the issue has not been addressed                    
in any other hearings and is not reflected in the title of                     
the bill.                                                                      
                                                                               
Representative Davies spoke in support of Amendment #2.  He                    
reiterated that the discretion to waive juveniles into adult                   
court already exists.                                                          
                                                                               
Co-Chair Therriault noted that he would hold the bill to                       
determine if the amendment would present a title problem.                      
                                                                               
SB 63 was HELD in Committee for further consideration.                         

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