Legislature(2007 - 2008)CAPITOL 106
04/10/2007 04:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB207 | |
| HB215 | |
| HB213 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 207 | TELECONFERENCED | |
| *+ | HB 215 | TELECONFERENCED | |
| *+ | HB 213 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 213-CRIMES : DOMESTIC VIOLENCE SHELTERS 5:27:30 PM CHAIR WILSON announced that the final order of business would be HOUSE BILL NO. 213, "An Act relating to an aggravating factor at sentencing for crimes committed at certain shelters and facilities." 5:27:57 PM REPRESENTATIVE ANDREA DOLL, Alaska State Legislature, introduced HB 213, as prime sponsor. She said the bill addresses safety at shelters by allowing stiffer sentences. She related an incident that happened at the AWARE shelter in Juneau which instigated the creation of the proposed legislation. She noted that April is [Sexual Assault Awareness] month. 5:32:15 PM REPRESENTATIVE GARDNER asked for examples of how the sentencing would change under HB 213. She also asked for a definition of the phrase [on page 1, line 6]: "facility providing services to victims of domestic violence or sexual assault." 5:33:01 PM REPRESENTATIVE DOLL said a "facility providing services" means a place offering refuge, counseling, classes, and a wide variety of services. REPRESENTATIVE GARDNER asked if the bill would apply to a next- door neighbor giving shelter to a battered woman in the neighborhood. REPRESENTATIVE DOLL said that is a good question. 5:34:21 PM RICK SVOBODNY, Deputy Attorney General, Department of Law, said aggravating factors related to the bill are tried to a jury; therefore, the jury determines the definition of a shelter or facility that provides services for domestic violence or sexual assault victims. Notwithstanding that, Mr. Svobodny said he thinks it is the intent of the sponsor and would be the interpretation of anyone who reads the bill that "we're talking about the type of shelters that exist throughout the state or are funded by [CDVSA]." 5:36:09 PM MR. SVOBODNY, in response to Representative Gardner, said aggravating factors allow a judge to increase the length of a sentence from the length that has been deemed appropriate for any particular case. He offered examples. 5:37:48 PM REPRESENTATIVE SEATON asked the sponsor if the aforementioned facility refers to a facility providing residential services. REPRESENTATIVE DOLL replied yes. REPRESENTATIVE SEATON asked Representative Doll if she would object to adding the language "residential" in order to be clear. REPRESENTATIVE FAIRCLOUGH told Representative Seaton that doing so would eliminate rape crisis centers such as Standing Together Against Rape (STAR) in Anchorage. REPRESENTATIVE SEATON explained that he is seeking a definition of what would and would not be covered. 5:40:55 PM REPRESENTATIVE GARDNER stated her concern that using the term "residential" includes a HUD home. She suggested using the term "secure". 5:41:21 PM REPRESENTATIVE CISSNA said women are often in the most danger just when they think the danger is over, and she indicated that a broad [term] is needed in the language. 5:42:41 PM JERRY LUCKHAUPT, Attorney, Legislative Legal and Research Services, Legislative Affairs Agency, explained that he deliberately used broad language when drafting the bill in order to cover those facilities that don't meet all specifications. He said a prosecutor would have to convince a jury that the facility in question provides services to victims of domestic violence and sexual assault. In response to Representative Gardner's aforementioned example of a victim fleeing to a neighbor's house, while the neighbor may be providing temporary shelter, he/she is not providing services. 5:44:31 PM REPRESENTATIVE ROSES said the bill adds aggravating factors and he does not think it is necessary to define where those aggravating factors occur. He said the discretion is being given to the court system and the language in the bill should be left vague. In conclusion, he stated that he is comfortable with the language as it is. 5:45:49 PM REPRESENTATIVE FAIRCLOUGH said in remote and rural communities there may be safe homes that do not receive funding from CDVSA or even have paid staff. She said she shares Representative Seaton's concern, but also appreciates the remarks of Representative Roses. 5:47:19 PM REPRESENTATIVE DOLL, in response to Representative Cissna, said the idea of the bill is to bring attention to protecting women; it will not solve the entire problem but provides a beginning. She related a story about a woman recently shot at the University of Washington. 5:49:40 PM CHAIR WILSON noted that men are also victims. 5:49:56 PM REPRESENTATIVE SEATON commented that the legislature's job is to write the law as it wants it enforced and the language of the bill is vague. He said he would not like to see one circumstance treated in one manner in one court and in a different manner in another court. He expressed his support for the intention of the bill, but said he would like to clarify its intent through its language. He admitted that he does not know how to do that, but suggested perhaps the House Judiciary Standing Committee would have a solution. He stated, "I'm uncomfortable when I cannot read the bill and then tell you where it is that the aggravator will apply, and that's ... just my concern." MR. SVOBODNY said this issue is a policy call for the committee. He suggested that on page 1, line 6, the language could specify that the facility be one "that operates to provide services". 5:52:38 PM REPRESENTATIVE FAIRCLOUGH suggested that the language read, "recognized shelter or facility". Regarding the aggravating factor at sentencing, she stated that rapists in Anchorage still rape, but are less likely to carry a knife or gun - actions that would aggravate the assault - because they know that would add time to their sentence. The bill would be a deterrent, she said. She stated, "It's sad to say that some of these individuals do have a brain and they choose to behave like this, but it is learned behavior. And they can learn that aggravation causes additional consequence." 5:54:18 PM REPRESENTATIVE GARDNER said she would support Representative Fairclough's idea to add "recognized", because a safe home in a rural area might not necessarily be "a place that operates." 5:54:52 PM REPRESENTATIVE FAIRCLOUGH moved to adopt Conceptual Amendment 1, as follows: On page 1, line 5: Between "premises of a" and "shelter" Insert "recognized" There being no objection, Conceptual Amendment 1 was adopted. 5:55:34 PM REPRESENTATIVE GARDNER moved to report HB 213, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 213(HES) was reported from the House Health, Education and Social Services Standing Committee.
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