Legislature(2005 - 2006)
04/04/2005 02:55 PM House FIN
| Audio | Topic |
|---|---|
| Start | |
| HB229 | |
| HB132 | |
| HB41 | |
| HB16 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 41
An Act relating to minimum periods of imprisonment for
the crime of assault in the fourth degree committed
against an employee of an elementary, junior high, or
secondary school who was engaged in the performance of
school duties at the time of the assault.
Vice-Chair Stoltze MOVED to ADOPT work draft #24-LS0307\F,
Luckhaupt, 3/22/05, as the version of the bill before the
Committee. There being NO OBJECTION, it was adopted.
REPRESENTATIVE BOB LYNN, SPONSOR, pointed out that State
Statute provides for specific terms of imprisonment for
crimes committed against certain public employees, such as
peace officers, firefighters, etc., in the performance of
their official duties. He thought that school employees who
work with children deserve the same level of respect and
protection under the law.
HB 41 would revise sentencing guidelines so that an
individual convicted as an adult of assault on a school
employee while on school grounds, on a school bus, at a
school-sponsored event, or in the administrative office of a
school district, would receive a mandatory minimum term of
imprisonment, which would be similar to that imposed upon an
individual who assaults a peace officer, fire fighter,
correctional employee, emergency medical technician,
paramedic, ambulance attendance or other emergency responder
engaged in the performance of official duties at the time of
the offense.
Representative Lynn summarized that schools must be safe for
teachers and other school employees, as well as for the
children. The bill provides a step toward that safety and
sends a message to anyone who might consider assaulting a
school employee. He urged support for HB 41.
3:50:28 PM
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW,
offered to answer questions of the Committee. She advised
that the Administration does supports the bill.
Vice-Chair Stoltze asked how the legislation compared to
previous legislation on crimes against teachers. Ms.
Carpeneti responded that HB 88 applied to felony offenses.
That bill had a waiver for juveniles, who were 16 or 17
years old with very serious weapon offenses. HB 41
addresses sentencing for misdemeanors. HB 88 and HB 41
together do not conflict with one another.
Co-Chair Meyer inquired if volunteer parents had been
addressed in the legislation. Representative Lynn replied
that the bill includes bus drivers but not volunteer
parents.
3:52:43 PM
Co-Chair Meyer worried that calling them "contract
employees" would create legal ramifications associated with
retirement. Ms. Carpeneti advised that the committee
substitute does not call them contract employees but rather
contract bus drivers.
3:53:18 PM
Co-Chair Meyer reiterated his concern that the bill's
language treated contracting employees as if they were State
employees.
3:53:32 PM
Representative Kelly asked about the existing language for
peace officers and school district employees.
Ms. Carpeneti replied that peace officers and other people
would be protected under D(1), which would provide a
th
mandatory minimum return for 4 degree assaults that cause
physical injury or put a person in fear. That language
provides a mandatory minimum of 60-days. Both involve
physical injury to the victim. Paragraph (D) provides for a
mandatory minimum of 30-days if the victim is placed in
fear. The new provision for school employees and others
covered under those provisions, adopts a mandatory provision
of 60-days. There is no mandatory minimum for school
employees who are put in fear.
3:55:22 PM
Representative Hawker discussed that there are two
categories of employees addressed. He mentioned
similarities involving hate crime legislation. He commented
that the legislation would be singling out two categories of
employees who deserve special consideration and asked why
other employees such as court system workers, do not receive
special consideration.
Representative Lynn recommended that could be the subject of
another bill at a different time. He indicated he wanted to
limit this legislation to only school employees. He added
that an assault against any teacher would be the equivalent
of an assault against a parent and that the legislation is
not an assault between two private parties but rather an
individual and the government.
Representative Hawker reiterated concern regarding why all
public employees will not deserving public protection.
Representative Lynn thought that teachers are in a
particularly vulnerable position.
3:57:51 PM
Representative Hawker inquired if the legislation should be
extended to other situations involving youth offenders such
as Covenant House employees. Representative Lynn responded
that a school is a government institution; whereas, the
other is a private entity.
Co-Chair Meyer clarified that HB 41 resulted from problems
that occurred at some schools. Vice-Chair Stoltze inquired
if the bill would apply to private schools. Ms. Carpeneti
opined that it does.
Vice-Chair Stoltze inquired about the current penalties for
assault on school employees. Ms. Carpeneti related that
many of these offenders have served serious sentences.
4:01:35 PM
TIP STEELE, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE SCHOOL
BOARD, ANCHORAGE, related that the Anchorage School District
does support HB 41. He said that the bill refers to adults
and not students assaulting teachers. He related an example
of a teacher being attacked in front of the students. In
the example, the courts were supportive. He hoped that
implementation of the legislation could keep schools safer.
4:05:01 PM
Co-Chair Meyer closed public testimony.
Representative Kelly referred to Representative Hawker's
previous statements about hate crimes. He expressed doubts
about the bill.
Vice-Chair Stoltze pointed out that a person could not
legally carry a concealed weapon into a bar. He asked
Representative Lynn about testimony from other school
districts. Representative Hawker termed it "putting
sideboards up to protect our employees". Vice-Chair Stoltze
mentioned that there have been a number of high profile
cases lately. Representative Lynn added that it makes no
difference if it is an urban or rural school. A problem
exists and it has become a national concern.
4:09:58 PM
Representative Weyhrauch MOVED to adopt Amendment 1. (Copy
on File). Vice-Chair Stoltze objected for discussion
purposes.
Representative Weyhrauch explained that the bill does not
allow for any mitigating factors. The amendment allows a
court to determine if any of the factors in the statues
apply. For example, if duress was involved, it should be
considered. Additionally, he believed that there would be
an indeterminate fiscal note rather than a zero.
Co-Chair Meyer speculated that the occurrences would not
happen often, which is why the note is zero. He asked if
there were examples of someone hitting a teacher.
Representative Weyhrauch gave an example of a person who
throws someone into another person that hits a teacher. He
emphasized that mitigating factors must be considered in
order to be consistent.
Co-Chair Meyer asked if he would suggest mitigating
sentences for Peace Officers also. Representative Weyhrauch
replied that it could apply. Co-Chair Meyer acknowledged
that the amendment could provide more flexibility for the
judge.
4:15:48 PM
Representative Holm voiced concern regarding why the
Committee was discussing assault 4 rather than assault 3.
He asked where that line rests.
Representative Lynn commented that his intent was to remove
the flexibility from the judicial system and make it
mandatory. He added that he would be satisfied with what
the Committee decides.
Ms. Carpeneti explained the difference between assault in
thrdth
the 4 degree and in the 3 degree. She noted that the 4
degree is a Class A misdemeanor. Any assault higher than
that is a felony. The bill provides a legislative
conclusion that it is important to have a safe environment
in schools, more so than in bars and restaurants and that
teachers need to be protected. The bill applies to assault
th
in 4 degree, where there is physical harm.
4:20:06 PM
Representative Weyhrauch responded that could create an
"interesting hierarchy". He stated that he is in favor of
the bill, but stressed that there are situations in which
the court should be able to mitigate. He noted that he was
not opposed to a 60-day minimum sentence but that the judge
needs mitigating ability.
4:22:28 PM
Co-Chair Meyer suggested that the amendment would not take
away from the intent of the bill. Vice-Chair Stoltze
WITHDREW his OBJECTION. There being NO further OBJECTIONS,
Amendment #1 was adopted.
4:23:33 PM
Representative Foster referenced on the sentence regarding
assault on a school employee. He noted that in Nome, a
Peace Officer killed a member of the community without good
reason. He worried about situations in which the bill could
be harmful to the non-guilty person.
Ms. Carpeneti requested to help draft the amendment. She
noted that whenever there are sentencing issues, it is
important to be clear whose burden of proof it will be.
Representative Weyhrauch understood that the intent of proof
would be on the defendant.
4:26:41 PM
Co-Chair Meyer acknowledged the concerns voiced by
Representative Foster.
Representative Hawker thought that everyone would be in
support of the bill; however, warned about creating a
"privileged class" within communities. Co-Chair Meyer
agreed.
Representative Foster MOVED to report CS HB 41 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 41 (FIN) was reported out of Committee with a "no
recommendation" and with a new zero note by the Department
of Public Safety, zero note #1 by the Department of
Administration, zero note #2 by the Department of
Corrections, and zero note #4 by Department of Law.
4:28:44 PM
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