Legislature(2007 - 2008)CAPITOL 120
04/04/2008 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB78 | |
| SB211 | |
| HB323 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 78 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 211 | TELECONFERENCED | |
| += | HB 323 | TELECONFERENCED | |
SB 211 - AGGRAVATING FACTOR: HOMELESSNESS 2:37:30 PM CHAIR RAMRAS announced that the next order of business would be SENATE BILL NO. 211, "An Act relating to an aggravating factor at sentencing for crimes directed at a victim because of the victim's homelessness." [Included in members' packets was the proposed House committee substitute (HCS) for SB 211, Version 25-LS1245\E, Luckhaupt, 4/2/08; and a proposed House concurrent resolution (HCR), Version 25-LS1626\A, Luckhaupt, 4/2/08, allowing a title change.] 2:37:53 PM SENATOR BETTYE DAVIS, Alaska State Legislature, sponsor, expressed her appreciation for the committee's work on the bill. She offered the assistance of her aide should there be any questions from the committee. CHAIR RAMRAS thanked Senator Davis and stated his support for the [proposed HCS]. 2:39:38 PM REPRESENTATIVE DAHLSTROM moved to adopt the proposed HCS for SB 211, Version 25-LS1245\E, Luckhaupt, 4/2/08, as the work draft. There being no objection, Version E was before the committee. The committee took an at-ease from 2:40 p.m. to 2:41 p.m. CHAIR RAMRAS asked Representative Gruenberg to explain the title change and compromise encompassed in Version E. REPRESENTATIVE GRUENBERG said he agreed with Representative Coghill's suggestion, made during a previous hearing, that a better way to go was to enact legislation that makes homelessness a way of showing particular vulnerability or incapacity for resistance under AS 12.55.155(c)(5), rather than adding "homelessness" to AS 12.55.155(c)(22). In Version E, the word "homelessness" was added to AS 12.55.155(c)(5) in order to protect the homeless in the manner that both the sponsor and the committee would like. After discussions with the drafter and the revisor of statutes, he concluded that the issue was not that the aggravator is homelessness, but rather the vulnerability or incapacity of resistance due to homelessness, and the defendant's knowledge of that factor. Further, he relayed, the drafter suggested that the committee amend the title by introducing the prepared House concurrent resolution (HCR). REPRESENTATIVE LYNN surmised that the change gets around the problem of what constitutes homelessness and what does not, and it addresses the vulnerability of the person because of his/her particular situation. He questioned whether [adding the term, "homelessness"] would be redundant given that AS 12.55.155(c)(5) already uses the terms, "disability" and "advanced age". REPRESENTATIVE GRUENBERG indicated that he did not think so because of the use of the word, "or" in AS 12.55.155(c)(5). 2:44:32 PM REPRESENTATIVE DAHLSTROM moved to report the proposed HCS for SB 211, Version 25-LS1245\E, Luckhaupt, 4/2/08, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS SB 211(JUD) was reported out of the House Judiciary Standing Committee. 2:45:00 PM REPRESENTATIVE GRUENBERG, [treating the House concurrent resolution as having been adopted as a work draft] moved to report the proposed House concurrent resolution (HCR), Version 25-LS1626\A, Luckhaupt, 4/2/08, out of committee. There being no objection, the proposed HCR, [which later became HCR 28] was reported from the House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|