Legislature(2001 - 2002)
02/06/2002 01:12 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 297 - AGGRAVATOR FOR SEXUAL OFFENSES Number 0828 CHAIR ROKEBERG announced that the next order of business would be HOUSE BILL NO. 297, "An Act related to aggravating factors at sentencing." He noted that before the committee was version LS- 221186\O, Luckhaupt, 1/31/02 [which incorporated the amended amendment adopted on 1/30/02]. He also noted, however, that per the subcommittee report, "Version L" should be adopted as the new work draft. Number 0883 REPRESENTATIVE MEYER moved to adopt the proposed committee substitute (CS) for HB 297, version 22-LS1186\L, Luckhaupt, 1/31/02, as the work draft. There being no objection, Version L was before the committee. REPRESENTATIVE MEYER explained that Version L, in addition to incorporating the amendment adopted at the previous hearing, references the existing statutory definition of "incapacitated" by citing the statute where that definition is found. Based on the discussion with committee members, he said he believes that committee members will be more comfortable with this clarification. Furthermore, this clarification narrows the scope of the bill to its initial intent, which was to make the use of date rape drugs and/or excessive alcohol an aggravator that a judge may consider in sentencing. REPRESENTATIVE MEYER recalled that Representative Berkowitz had expressed concern regarding the need for the aggravator itself. Since that time, Standing Together Against Rape (STAR) has provided examples of related cases in which the court didn't use [AS 12.55.155(c)(5)] in sentencing. Representative Meyer said he and [STAR] feel that had this aggravator been in place, it would've been clear to the court that it could've used the aggravator in the sentencing. He reiterated that this aggravator would only apply to the sentencing. REPRESENTATIVE OGAN relayed his belief that [Version L] is a better bill because it reduces the possibility of unintended consequences. Number 0987 REPRESENTATIVE OGAN moved to report the proposed committee substitute (CS) for HB 297, version 22-LS1186\L, Luckhaupt, 1/31/02, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 297(JUD) was reported from the House Judiciary Standing Committee.
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