05/02/1995 02:04 PM House HES

 HB 205 - STREET GANG ACTIVITY                                               
 Number 515                                                                    
                                                                               
 MARGOT KNUTH, Assistant Attorney General, Criminal Division,                  
 Department of Law, recalled at the last hearing on HB 205 the issue           
 had come up about whether or not a provision could be included for            
 those juveniles who have run away from home.  In such a case, their           
 parents would not be liable for acts committed by that child as               
 part of a street gang.                                                        
                                                                               
 MS. KNUTH had prepared an amendment which added a paragraph on page           
 2, line 1 of the bill.  This paragraph appears in at least one, and           
 perhaps two other bills that have gone through this session.                  
                                                                               
 CO-CHAIR TOOHEY moved Amendment 1.                                            
                                                                               
 CO-CHAIR BUNDE asked for further discussion of the amendment.  He             
 also called for objections.                                                   
                                                                               
 Number 602                                                                    
                                                                               
 REPRESENTATIVE VEZEY felt the amendment only addresses a small part           
 of what is a flaw in Section 1 of the bill.  There are many other             
 aspects of the bill that the HESS Committee members have not talked           
 about.  A lot of the concerns are simple, such as what happens to             
 children who are under joint custody agreements, or children who              
 are visiting non-custodial parents.  There may be simple cases of             
 people who don't have control over their kids.                                
                                                                               
 REPRESENTATIVE VEZEY again expressed concern over suing someone who           
 is indigent--there is no point to that.  He felt Section 1 still              
 leaves a lot to be desired.                                                   
                                                                               
 CO-CHAIR BUNDE called for a roll call vote on the amendment.                  
 Voting "yes" on Amendment 1 was Representative Davis,                         
 Representative Brice, Representative Robinson, Co-Chair Toohey, Co-           
 Chair Bunde, and Representative Vezey.  There were no "no" votes.             
 Amendment 1 was adopted, and HB 205 as amended was before the HESS            
 Committee.  Co-Chair Bunde asked for further discussion or the will           
 of the committee.                                                             
                                                                               
 Number 711                                                                    
                                                                               
 REPRESENTATIVE BRICE moved HB 205 as amended with individual                  
 recommendations and accompanying fiscal notes.   There was an                 
 objection, and a vote was taken.  Voting "yes" on the passage of              
 the bill were Co-Chair Toohey, Co-Chair Bunde, Representative                 
 Robinson, Representative Brice and Representative Davis.  Voting              
 "no" was Representative Vezey.  The CSHB 205(HES) was passed out of           
 the House HESS Committee.