Legislature(2005 - 2006)HOUSE FINANCE 519

02/27/2006 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 343 HARASSMENT TELECONFERENCED
Moved CSHB 343(JUD) Out of Committee
+ HB 324 BAN ORANGE HAWKWEED/PURPLE LOOSESTRIFE TELECONFERENCED
Heard & Held
+ SB 209 UNDERAGE MILITARY ON LICENSED PREMISES TELECONFERENCED
Moved Out of Committee
Bills Previously Heard/Scheduled
HOUSE BILL NO. 343                                                                                                            
                                                                                                                                
     "An Act relating to harassment."                                                                                           
                                                                                                                                
REPRESENTATIVE  BOB LYNN related  that correctional  officers                                                                   
and first  responders who want  more protection  from attacks                                                                   
with bodily fluids requested the  bill.  He shared a personal                                                                   
experience working  in a jail  environment.  He  related that                                                                   
attacks with bodily  fluids have been increasing,  as has the                                                                   
danger of infections.   Currently, throwing bodily  fluids at                                                                   
anyone can  only be charged as  a class B misdemeanor.   This                                                                   
bill changes  that to a class  A misdemeanor, with  jail time                                                                   
from zero days to one year.  It  also provides a minimum term                                                                   
of  imprisonment   of  60  days  for  persons   convicted  of                                                                   
harassment in the  first degree when they direct  the offense                                                                   
at certain specified  law enforcement officers  and emergency                                                                   
responders.   He  noted correspondence  included in  members'                                                                   
packets and quoted several examples.                                                                                            
                                                                                                                                
2:58:42 PM                                                                                                                    
                                                                                                                                
DANIEL  COLANG,   PRESIDENT,  ALASKA  CORRECTIONAL   OFFICERS                                                                   
ASSOCIATION,  related  his  experience   behind  correctional                                                                   
facility walls.  He stressed that  assault with bodily fluids                                                                   
has become prevalent.  He encouraged support of this bill.                                                                      
                                                                                                                                
Representative Stoltze  asked if saliva is  still prohibited.                                                                   
Representative Lynn said it is.                                                                                                 
                                                                                                                                
3:03:25 PM                                                                                                                    
                                                                                                                                
MAE  BARNEY,  CORRECTIONAL  OFFICER,  FAIRBANKS,  shared  her                                                                   
experience with assault  by bodily fluids.   She testified in                                                                   
support of the bill.                                                                                                            
                                                                                                                                
3:07:32 PM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch  asked if  this  law  applies to  a                                                                   
situation  where a  member of  PETA  would throw  blood at  a                                                                   
person wearing fur.                                                                                                             
                                                                                                                                
MIKE  SICA, STAFF,  REPRESENTATIVE BOB  LYNN, clarified  that                                                                   
the  law  would  apply to  everyone,  not  just  correctional                                                                   
officers.   He referred to page  2, Section 2,  harassment in                                                                   
the  first  degree, to  explain.    Representative  Weyhrauch                                                                   
restated  his question  to  ask  if the  law  would apply  to                                                                   
everyone.   Mr.  Sica responded  that  the mandatory  minimum                                                                   
prison  term of  60  days only  applies  to assaults  against                                                                   
peace officers, medical first responders or professionals.                                                                      
                                                                                                                                
3:10:35 PM                                                                                                                    
                                                                                                                                
SUSAN  PARKS,  DEPUTY ATTORNEY  GENERAL,  CRIMINAL  DIVISION,                                                                   
DEPARTMENT OF  LAW, clarified that  the crime would  apply to                                                                   
anyone who is assaulted by bodily  fluids - teacher, citizen,                                                                   
babysitter, and  the criminal could be prosecuted  under this                                                                   
new statute, harassment in the first degree.                                                                                    
                                                                                                                                
Representative Weyhrauch asked  for clarification between the                                                                   
different kinds  of sentencing.   Ms. Parks referred  to page                                                                   
3,  Section 4,  to  highlight  the sentencing  provision  for                                                                   
crimes against peace officers and medical personnel.                                                                            
                                                                                                                                
Co-Chair Chenault  asked how many bodily fluid  assault cases                                                                   
there  are  a year.    Ms.  Parks responded  that  there  are                                                                   
probably more cases than what  are prosecuted, which are only                                                                   
a  handful.   They  are a  common  occurrence  and are  often                                                                   
handled administratively  in jail with a loss  of privileges.                                                                   
They are currently a misdemeanor.                                                                                               
                                                                                                                                
Mr.  Colang, in  response  to Co-Chair  Chenault's  question,                                                                   
could not  recall any  statistics regarding  this.   He cited                                                                   
Fairbanks  as an example,  where there  was an incident  last                                                                   
month.  Co-Chair  Chenault opined that it should  be reported                                                                   
every time.                                                                                                                     
                                                                                                                                
3:15:08 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault  asked how  many cases  there would  be per                                                                   
year.  He mentioned that there  could be legal costs involved                                                                   
with this  type of case.   He suggested researching  up-front                                                                   
costs.                                                                                                                          
                                                                                                                                
3:16:26 PM                                                                                                                    
                                                                                                                                
Ms. Parks commented on the fiscal  notes.  She indicated that                                                                   
currently there  are only  a few cases.   She added  that the                                                                   
numbers  could increase.   She speculated  that the  thirteen                                                                   
offices  could absorb  the normal  workload.   She  suggested                                                                   
that the  bill might  have a deterrent  effect and  the costs                                                                   
could decrease.                                                                                                                 
                                                                                                                                
3:18:10 PM                                                                                                                    
                                                                                                                                
Representative   Foster  remembered   being  accosted   by  a                                                                   
lobbyist who "spit in his face".                                                                                                
                                                                                                                                
Representative Hawker pointed  out that the bill would create                                                                   
a crime  of  degrees.   He wondered  if the  bill could  make                                                                   
class A conduct elevate to class B conduct.                                                                                     
                                                                                                                                
Co-Chair  Meyer  responded that  some  threats  fall under  a                                                                   
different  statute.   Ms. Parks  added that  there are  other                                                                   
statutes that  elevate the conduct  by the degree and  by the                                                                   
nature of  the conduct.   She  commented that  it would  be a                                                                   
policy call  for the  Legislature to make.   She  thought the                                                                   
subject matter of this bill is of a higher nature.                                                                              
                                                                                                                                
3:22:14 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  asked if  the act  were  sufficiently                                                                   
threatening, would the new category  of a class A misdemeanor                                                                   
be high  enough for the  crime.  Ms.  Parks replied  that the                                                                   
legislature could make that 'call'.   The thought was that it                                                                   
did  not  fit  into  class  C   conduct.    It  should  be  a                                                                   
determination made by the Legislature.                                                                                          
                                                                                                                                
3:23:49 PM                                                                                                                    
                                                                                                                                
Representative   Stoltze   asked   if   the   Department   of                                                                   
Corrections  made the decision  not to come  to the  table to                                                                   
participate in the discussion.   Mr. Sica took responsibility                                                                   
for not  following up with the  Department.  He did  not want                                                                   
that  to  be  interpreted  that   they  do  not  support  the                                                                   
legislation.                                                                                                                    
                                                                                                                                
3:25:07 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault  MOVED  to  REPORT  CSHB  343  (JUD)  with                                                                   
individual  recommendations and  the  attached fiscal  notes.                                                                   
He  voiced concern  about the  fiscal notes  attached to  the                                                                   
bill.  He requested more accurate fiscal notes.                                                                                 
                                                                                                                                
Representative   Stoltz   OBJECTED   for   the   purpose   of                                                                   
discussion.                                                                                                                     
                                                                                                                                
Representative  Kelly pointed  out that  several states  have                                                                   
elevated  this  crime  to  a   felony.    He  reiterated  how                                                                   
offensive the crime is.                                                                                                         
                                                                                                                                
Representative  Holm added that  the class A misdemeanor  for                                                                   
this crime  was the same as  it was for transporting  noxious                                                                   
weeds.                                                                                                                          
                                                                                                                                
Co-Chair Meyer noted the four new fiscal notes.                                                                                 
                                                                                                                                
Representative  Joule, referring  to discipline  administered                                                                   
in jails,  commented that, "good  time gets taken away".   He                                                                   
thought that adding time to a  jail sentence would qualify as                                                                   
needing a fiscal note.                                                                                                          
                                                                                                                                
3:29:18 PM                                                                                                                    
                                                                                                                                
Representative Stoltze WITHDREW his OBJECTION.                                                                                  
                                                                                                                                
There being NO further OBJECTION, it was so ordered.                                                                            
                                                                                                                                
HB  343  was REPORTED  out  of  Committee  with a  "do  pass"                                                                   
recommendation  and  with  zero   fiscal  note  #  1  by  the                                                                   
Department of Corrections, zero  note #2 by the Department of                                                                   
Public  Safety,  and  with  new  zero  fiscal  notes  by  the                                                                   
Department  of   Law,  the  Alaska  Court  System,   and  the                                                                   
Department of Administration.                                                                                                   
                                                                                                                                

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