Legislature(1993 - 1994)
03/16/1993 03:00 PM House HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 189 - SERIOUS CRIMES BY MINORS CHARLES COLE, ALASKA ATTORNEY GENERAL, testified in Juneau in support of HB 189. Number 062 CHAIR BUNDE noted that the committee had heard HB 100 and passed it, but it had been replaced by SB 54. Number 070 ATTORNEY GENERAL COLE said the administration supports HB 189 because it was simpler and more straightforward than other bills. He referred to a chart showing the many unclassified and class A felonies to which SB 54 applied. He said that while in some senses SB 54 was acceptable, he said it was harder to administer and was beyond what the Department of Law wanted to see at that time. He said it might be better to limit the automatic waiver of minors to charges of first-degree murder, second-degree murder, and attempted first-degree murder. He said it would be a good idea to keep the current law in effect for some offenses, which was well suited for offenses other than murder, to allow time to see how the new waiver requirements worked in practice. (Rep. B. Davis arrived at 3:40 p.m.) Number 123 MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL IN THE DEPARTMENT OF LAW'S CRIMINAL DIVISION, testified in Juneau in support of HB 189. She said that juvenile waivers create problems in where to place waived juveniles before trial, where to place them after trial if convicted of only minor offenses, and what to do if the juvenile wants to try to demonstrate amenability to rehabilitation before age 20. These problems prompted the Department of Law to support automatic waiver for murder charges, as the fact that such charges have even been made is an indication that the juvenile's chances of rehabilitation before age 20 are minimum. Lesser charges carry no assurance that the juvenile involved was not amenable to rehabilitation. The current system requires prosecutors to prove a juvenile is not amenable to rehabilitation, a problem that will need to be addressed later, she said. Until then, the automatic waivers for some charges are a good start in the right direction. Number 170 REP. VEZEY asked if Ms. Knuth recalled whether the state had ever shown a person was not amenable to rehabilitation. Number 175 MS. KNUTH answered that the state prevails in more than half of the cases in which it seeks to waive juveniles into adult court, though it is careful of the cases for which it requests waivers. The state ultimately wins most waiver hearings for murder cases, she said. A juvenile's earlier involvement in court proceedings was a good indication that he was not amenable to rehabilitation. Number 200 SHERRIE GOLL, LOBBYIST for the ALASKA WOMEN'S LOBBY and KIDPAC, testified in Juneau in support of HB 189. She said that while the Women's Lobby generally opposed automatic waivers, she acknowledged that both the governor and administration supported the bill, which she said was a more reasonable approach to the issue than SB 54. She expressed support for the current system, but said HB 189 was a reasonable approach. (Rep. Brice arrived at 3:48 p.m.) Number 220 CHAIR BUNDE asked for more public testimony, and hearing none, closed public testimony on HB 189. He asked whether the committee wanted to discuss the bill further. Number 231 REP. VEZEY asked the status of HB 100, which the committee had passed earlier in the session. CHAIR BUNDE said the bill had been passed to the House Judiciary Committee, where it was replaced by SB 54. REP. VEZEY asked if there was a committee substitute for SB 54. CHAIR BUNDE said there was a CSSB 54, and HB 100 had not been passed out of the House Finance Committee. REP. VEZEY asked the source of the document on juvenile waivers which had earlier been handed out to the committee members. CHAIR BUNDE answered that it had come from the attorney general's office. Number 250 ATTORNEY GENERAL COLE said he was concerned with other bills dealing with waivers for youths aged 15 or under. He expressed reluctance to involve offenders that young into the criminal system too far and too fast, when there might be some hope of rehabilitation. He said the system works well for offenders that young. He said HB 189 allows the system to offer some help to juveniles who commit lesser crimes and who might benefit from rehabilitation. CHAIR BUNDE expressed a desire to see HB 189 pass to the House Judiciary Committee, which could then consider both HB 189 and SB 54. Number 285 REP. TOOHEY moved passage of HB 189 from the committee with individual recommendations. Number 290 CHAIR BUNDE asked for objections, and hearing none, declared HB 189 passed with individual recommendations. He noted that he believed the fiscal notes for HB 189 would be large, while the committee had been provided zero fiscal notes. He then brought HB 82 and HB 83 to the table.
| Document Name | Date/Time | Subjects |
|---|