04/13/1993 08:30 AM House FIN

  HOUSE BILL NO. 212                                                           
                                                                               
       "An  Act relating  to a  factor in  aggravation of  the                 
       presumptive   term   of   a   criminal  sentence,   and                 
       prohibiting  the  referral  of   a  sentence  based  on                 
       application of that factor to a three-judge  sentencing                 
       panel as an extraordinary circumstance."                                
                                                                               
  Co-Chair MacLean explained that  the intent of HB 212  is to                 
  insure  offenders  receive  the most  serious  sentences for                 
  sexual abuse against a minor in  cases where the offender is                 
  in  a position of authority to  the minor or the minor lives                 
  in the same household.                                                       
                                                                               
  Co-Chair MacLean pointed  out that the bill adds  an element                 
  of sexual abuse of a minor crimes to the list of aggravators                 
  considered at  sentencing.   In addition,  section 2  of the                 
  bill  furthers a similar  effort of the  1992 legislature in                 
  adding this crime to  the list of crimes not  to be referred                 
  to the three judge panel.                                                    
                                                                               
  Co-Chair MacLean emphasized that an offender  would be in an                 
  established trust relationship  with a minor.   She asserted                 
  that the most serious of  sentencing provisions should apply                 
  in this  situation.  She noted that it is more difficult for                 
  a  child  to defend  him  or  herself, both  physically  and                 
  verbally, from  someone  in a  position of  authority.   She                 
  maintained  that  it   is  the  vulnerable  nature   of  the                 
  relationship that warrants more severe punishment.                           
                                                                               
  Co-Chair MacLean felt that  it is more suitable to  add this                 
  form of crime to  the aggravator list rather than  create an                 
  entirely different crime  category.  This would  ensure that                 
  offenders receive  the most severe  sentence possible  under                 
  the existing ranges for these crimes.                                        
                                                                               
  Co-Chair MacLean noted that the Judiciary Committee made two                 
  technical changes to the bill on  page 3.  On line 16,  they                 
  deleted a  reference to 11.41.  440 which relates  to sexual                 
  abuse of a minor in the 4th degree, a misdemeanor  crime and                 
  not  subject  to  felony  sentencing.    They  also  removed                 
  language  on  lines  17-18,  which  was redundant  to  other                 
                                                                               
                                                                               
  provisions of this section.                                                  
                                                                               
  Representative Brown MOVED to report  CSHB 212 (JUD) out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CSHB 212  (JUD) was  reported out  of Committee  with a  "do                 
  pass" recommendation and with three zero fiscal notes by the                 
  Alaska   Court   System,   dated   4/5/93;   Department   of                 
  Corrections, dated 4/5/93; Department of Law, dated  4/5/93;                 
  and  with  two  zero  fiscal  notes  by  the  Department  of                 
  Administration, dated 4/5/93.