Legislature(1999 - 2000)
02/09/2000 01:20 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HB 288-CHILDREN WITNESSING DOMESTIC VIOLENCE CHAIRMAN KOTT announced that the next order of business would be HOUSE BILL NO. 288, "An Act relating to the creation of an aggravating factor for the commission of domestic violence in the physical presence of a child." As sponsor of HB 288, he called upon Denise Henderson to present the bill. Number 1749 DENISE HENDERSON, Staff to Representative Pete Kott, Alaska State Legislature, informed the committee that HB 288 would add a new section to AS 12.55.155(c)(18). Currently, the commission of domestic violence in the presence of a child is not included as a determining factor in the sentencing of a perpetrator. This legislation expands the list of aggravating circumstances to include the special vulnerability of the children, which would become a major factor in determining severity of the crime of domestic violence and the resulting sentence. The bill would allow the courts to consider these factors to aggravate the severity of domestic violence when committed in the presence of a child. MS. HENDERSON reported that she has seen the emotional and psychological damage that violence in the home has on children. She believes this legislation is imperative, as it would provide the court system with a new tool to further the fight against domestic violence. In working in the juvenile division of the Albuquerque District Attorney's office, she noted, there was always one underlying factor of the children in the system: domestic violence. She informed the committee that since moving to Anchorage, she has worked at Abused Women's Aid in Crisis, where once again she observed the damage that domestic violence can cause to children. Currently a court-appointed advocate with the Office of Public Advocacy in Anchorage, Ms. Henderson said this legislation would not only bring awareness to the trauma that children bear in witnessing domestic violence in the home, but it would also be instrumental in breaking this ongoing cycle. Number 1980 DAVID HUDSON, Lieutenant, Division of Alaska State Troopers, Department of Public Safety (DPS), testified via teleconference from Fairbanks. He informed the committee that law enforcement across the state and the DPS support this creation of an aggravating factor involved with domestic violence in the presence of a child for a felony crime. He expressed support of anything the legislature passes to keep offenders off the streets a little longer and not share the abuse with families and children. Number 2022 DR. ARTHUR HANSEN, Dentist, testifying via teleconference from Fairbanks, said he was in favor of HB 288. One of the instigators of this, he is the Chairman of the PANDA (Prevent Abuse and Neglect through Dental Awareness) Coalition for the Dental Society. Dr. Hansen indicated domestic violence will be carried out on a generational basis because children learn that violence is the way to solve problems. If children learn this at an early age, it will remain a part of them and they will repeat it. DR. HANSEN also expressed support for the proposed change to the bill that he understands to exist, which is insertion of the language "or within hearing of the child.". He indicated all literature points out domestic violence as the starting point of crime for children. He referred to Bruce Perry (ph) [at Baylor University], who he said has shown that factors that take place from 33 [weeks] of gestation through a child's first three years relate to some people becoming violent. Dr. Hansen commented that when he sees two adults in a domestic violence situation, he wonders how they arrived at that point and if they maybe do the same thing that their parents did; he acknowledged that this connection is not necessarily true, although all developmental psychology points to it. DR. HANSEN explained why dentists are involved in this matter. He told members that dentists have a code of ethics through the American Dental Association (ADA), which obligates them to report all child abuse and neglect. This past October, ADA passed another resolution mandating that dentists receive education on the subject of child abuse and neglect; Dr. Hansen informed the committee that he chairs the program that does that. He said the Dental Society is involved because dentists see these patients. Dr. Hansen urged the committee to pass this legislation. He mentioned the need to think about parent training, parent education and anger management training that could be required along with the judge's sentencing. Furthermore, there should be consideration with regard to where the aforementioned training would come from. TAPE 00-12, SIDE A Number 0001 PATTY KALLANDER, Member on the Board of Directors and Volunteer, Cordova Family Research Center (CFRC), testified via teleconference from Cordova, indicating she is a trained legal advocate for victims of domestic violence and an adult survivor. She pointed out that statistics show that growing up in a household with domestic violence leads to depression, alcoholism, drug abuse, anger control problems and a high incidence of suicide. She stated that the proposed amendment is an important one to add to HB 288. She requested clarification about the term "physical presence," however, and wondered if that included being in another room from where the domestic violence was taking place. She explained that she was diagnosed with post traumatic stress syndrome years ago, as were all of her siblings; they have all dealt with depression, alcoholism and drug abuse. Therefore, she informed the committee, she is in favor of HB 288. Number 0260 MS. HENDERSON noted that there is a proposed amendment to HB 288. She explained that after the bill was written, it was taken into consideration that children in another room from where domestic violence is taking place are affected. CHAIRMAN KOTT stated that he believes it is just as important if children are in another room, because it probably has just as much affect on them as if they were in the same room. Number 0340 REPRESENTATIVE CROFT made a motion to adopt the proposed amendment, which read [original punctuation provided]: The purpose of this amendment is to add to the aggravating factor in the hearing of a child. The new aggravating factor would now be "in the presence of or within hearing of a child" Specific changes are: Amend the title. Page 1, line 2 to read..domestic violence in the physical presence or hearing of a child." Page 1, line 13 add after the word presence or hearing Number 0403 REPRESENTATIVE GREEN objected for the purpose of discussion. He directed a question to Anne Carpeneti, Assistant Attorney General, and asked whether, when talking about domestic violence in statute, it is always considered an assault. He further asked whether it is ever a misdemeanor. ANNE CARPENETI, Assistant Attorney General, Criminal Division, Department of Law, responded that it is not always considered an assault. She affirmed that it could be a misdemeanor. REPRESENTATIVE GREEN expressed concern that they are elevating a misdemeanor to a felony by someone hearing domestic violence in another room. MS. CARPENETI clarified that it is an aggravating factor. It applies to sentencing in felony cases and in those cases where presumptive sentencing applies. They are not elevating a misdemeanor to a felony. Instead, they are giving more latitude to the court in sentencing a person in crimes where there has been a conviction of a felony and a presumptive term applies. REPRESENTATIVE GREEN gave a hypothetical example where a parent feels that it is necessary to severely spank a child. He asked: If the child is younger than 16, could that child or a sibling bring that up as a domestic violence issue? MS. CARPENETI responded that a child could report the incident to the police, who would have to look at the circumstances of the offense to see if a crime was committed. She pointed out that generally parents are allowed to discipline their children, and that includes some corporal punishment. Those lines are tough to draw and tough to describe. She clarified that HB 288 applies to people who are being sentenced after they have already been convicted of felony offenses. Number 0603 REPRESENTATIVE GREEN withdrew his objection. CHAIRMAN KOTT announced that without objection, the proposed amendment has been adopted. Number 0611 REPRESENTATIVE MURKOWSKI wondered if there is a reason why they are limiting it to members of the household as opposed to children who might be at the scene. Although Ms. Carpeneti deferred to the sponsor, Representative Murkowski asked for her input. MS. CARPENETI pointed out the cycle of domestic violence where children see it growing up and think it is acceptable; therefore, as adults they end up abusing people around them. She explained that the reason it probably does not apply to any child present is because that same relationship does not exist, even though it would be traumatic. CHAIRMAN KOTT indicated that Ms. Carpeneti's response is one of the reasons they had narrowed the bill in scope. He explained that most of the research out there shows that the greatest degree of trauma and emotional damage is done to the child whose parents were involved in the domestic violence. REPRESENTATIVE MURKOWSKI wondered if less weight would be given as an aggravating factor with regards to the age of the child and the child's ability to understand what is going on. MS. CARPENETI responded, "Yes." She explained that the state would have to prove factors of aggravation with clear and convincing evidence. The judge is given more discretion to impose a sentence and can take these matters into consideration. She pointed out that an altercation may have caused great damage to the infant, who may have been in the way of items being thrown around. Number 0898 REPRESENTATIVE GREEN made a motion to move HB 288, as amended, from the House Judiciary Standing Committee with individual recommendations and the attached zero fiscal note. REPRESENTATIVE JAMES pointed out the need for a title change. She asked whether what the committee had done was sufficient to extend that amendment to the title. CHAIRMAN KOTT affirmed that, saying it would be conceptually ingrained in the title. REPRESENTATIVE KERTTULA thanked Representative Kott for introducing HB 288, and thanked his staff for all the work they have done. Number 0949 CHAIRMAN KOTT noted that his research had revealed the effect of domestic violence on the business community in the United States is a loss of between $3 and $5 billion. He announced that without objection, CSHB 288(JUD) was moved out the House Judiciary Standing Committee.
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