04/02/1993 01:00 PM House JUD

  HB 212:  SENTENCING: AGGRAVATING FACTORS                                     
                                                                               
  Number 257                                                                   
                                                                               
  MARTHA STEWART, LEGISLATIVE AIDE to SENATOR AL ADAMS,                        
  testified on behalf of Representative Maclean, the prime                     
  sponsor of HB 212.  She said that the bill was intended to                   
  provide the most serious sentences for the sexual assault of                 
  a minor by a person who lived with or was in a position of                   
  authority over the minor, as children were less able to                      
  defend themselves against assaults from such people.  The                    
  bill accomplished that by adding such factors to the list of                 
  possible aggravating factors in sentencing, she said.                        
                                                                               
  MS. STEWART said HB 212 would also add such crimes to the                    
  list of crimes which could not be referred to the three-                     
  judge panel.                                                                 
                                                                               
  Number 295                                                                   
                                                                               
  REPRESENTATIVE JIM NORDLUND noted that the three-judge panel                 
  was supposed to make sentencing decisions based on a                         
  convict's chances for rehabilitation.  He asked what                         
  difference it would make to such a panel whether a person                    
  convicted of sexual assault of a minor knew the child or                     
  not.                                                                         
                                                                               
  Number 317                                                                   
                                                                               
  MS. STEWART could not give a good argument.  She commented                   
  that the intent of the section was to prevent the three-                     
  judge panel from having latitude in differing from                           
  presumptive sentencing requirements.                                         
                                                                               
  REPRESENTATIVE NORDLUND wondered how frequently it happened                  
  that a three-judge panel would reduce a sentence.                            
                                                                               
  MS. STEWART commented that Ms. Horetski had recommended that                 
  some changes be made on page 3 of the bill.  She stated that                 
  the sponsor would concur with the proposed changes.                          
                                                                               
  Number 345                                                                   
                                                                               
  MS. KNUTH said that she first thought that the bill was not                  
  necessary, because the legislature in 1990 created new                       
  offenses of sexual abuse of a minor in the first, second and                 
  third degrees, which related to the perpetrator's being in a                 
  position of authority over the minor.  Upon further                          
  analysis, however, she concluded that the aggravating factor                 
  proposed in HB 212 would have some use.                                      
                                                                               
  Number 365                                                                   
                                                                               
  MS. KNUTH said that sexual abuse of a minor in the first                     
  degree could be committed in several different ways,                         
  including sexual penetration of a victim under the age of 13                 
  and sexual penetration of a victim under the age of 15 and                   
  over which the defendant had a position of authority.  She                   
  said that HB 212 would create an aggravating factor which                    
  could apply if a defendant was accused of first-degree                       
  sexual penetration of a minor, but then had the charge                       
  reduced by one degree to spare the victim the trauma of a                    
  trial.                                                                       
                                                                               
  Number 395                                                                   
                                                                               
  MS. KNUTH said further that her analysis showed that it was                  
  impossible to have as an aggravating factor an element of                    
  the crime which was already inherent in that crime.  She                     
  said that it was appropriate to remove the misdemeanor from                  
  the bill.  She said that removing language on lines 17-18,                   
  page 3, concerning an offender's sharing living space with                   
  the victim "will keep some clarity in the law."  She said                    
  that whether such crimes should be referred to the three-                    
  judge panel was up to the legislature to decide.  She said                   
  that some three-judge panels were very active, and others                    
  were not.                                                                    
                                                                               
  Number 451                                                                   
                                                                               
  CHAIRMAN PORTER invited further testimony on HB 212, but                     
  hearing none, said he would entertain a motion.                              
                                                                               
  REPRESENTATIVE PHILLIPS MOVED AMENDMENT NO. 1 to HB 212.                     
                                                                               
  CHAIRMAN PORTER asked for objections and, hearing none,                      
  declared that the committee had ADOPTED the AMENDMENT.  He                   
  said that the committee had CSHB 212 (JUD) before it.                        
                                                                               
  Number 459                                                                   
                                                                               
  REPRESENTATIVE KOTT MOVED PASSAGE of CSHB 212 (JUD) with                     
  individual recommendations and a zero fiscal note.                           
                                                                               
  CHAIRMAN PORTER asked for objections and, hearing none,                      
  declared CSHB 212 (JUD) PASSED with individual                               
  recommendations and a zero fiscal note.  He then brought                     
  HB 214 to the table.