Legislature(1993 - 1994)

02/28/1994 01:15 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HB 162 - CAPITAL PUNISHMENT FOR MURDER                                       
                                                                               
  Number 291                                                                   
                                                                               
  REP. PHILLIPS  moved to  rescind the  committee's action  in                 
  failing to move HB 162 from committee at this time.                          
                                                                               
  Number 295                                                                   
                                                                               
  CHAIRMAN PORTER asked for discussion on the motion.                          
                                                                               
  Number 298                                                                   
                                                                               
  REP. PHILLIPS,  in speaking  to the  motion, indicated  that                 
  when  she cast her vote on not moving HB 162 from committee,                 
  she did so  with the concern that the committee did not have                 
  testimony that concurred with the  feelings of the public on                 
  this  issue,  particularly from  the  Kenai Peninsula.   She                 
  further indicated, for the record, that  she had a file with                 
  132  direct  communications in  support  of  HB  162 and  39                 
  communications against HB  162 and asked that  this material                 
  be considered a part of the record.                                          
                                                                               
  Number 306                                                                   
                                                                               
  CHAIRMAN PORTER restated the motion before the committee and                 
  asked for  further discussion  or objection  to the  motion.                 
  Hearing none, HB 162 was brought before the committee.                       
                                                                               
  Number 345                                                                   
                                                                               
  REP.  JAMES  moved  Sponsor  Substitute   for  HB  162  from                 
  committee with individual recommendations.                                   
                                                                               
  Number 349                                                                   
                                                                               
  REP. GREEN objected to the motion.                                           
                                                                               
  REP. KOTT testified  that he  supported HB 162  and that  he                 
  firmly believed that  there were  individuals who  committed                 
  such heinous crimes that there was no hope for them and that                 
  there was then a need for the death penalty.                                 
                                                                               
  REP.  GREEN  testified that  he  felt there  were reasonable                 
  alternatives to keeping violent offenders away  from society                 
  without  instituting  a death  penalty  and that  the fiscal                 
  notes  indicated  that  it  was less  costly  to  keep  them                 
  incarcerated.    He  further expressed  concern  that  while                 
  public opinion may be overwhelming in  support of HB 162, he                 
  simply could not support such a measure.                                     
                                                                               
  Number 423                                                                   
                                                                               
  REP. JAMES testified that while she understood the arguments                 
  surrounding the cost of implementing a death penalty as well                 
  as  the moral  issues raised  surrounding HB  162, she  felt                 
  there  is  a  kind  of  crime,  such as  multiple  death  or                 
  dismemberment, that some  people do  to another person,  and                 
  there  should be a capital punishment law on the books.  She                 
  therefore felt obligated  to support public opinion  on this                 
  issue.                                                                       
                                                                               
  Number 455                                                                   
                                                                               
  REP. KOTT remarked that if you look at life imprisonment for                 
  a person who is twenty years old, if you were to look at the                 
  cost, you  would come  up with  about a  two million  dollar                 
  fiscal  note.  He  felt that the  potential was  there for a                 
  wash as far as the fiscal  ramifications were concerned.  He                 
  further  testified   that   he   felt   government   had   a                 
  responsibility to society  that says whether you  are behind                 
  bars  or  on  the  street,  government  should  protect  its                 
  citizens.  He felt HB 162  would show an effective deterrent                 
  and should be implemented.                                                   
                                                                               
  Number 494                                                                   
                                                                               
  CHAIRMAN PORTER testified  that he  would support moving  HB
  162 from committee,  but unless  he heard something  totally                 
  different   than  the   testimony   previously  before   the                 
  committee, he  felt that  the present  99-year sentence,  or                 
  life without parole, was  sufficient.  He further felt  that                 
  having been  affected by budgets  dealing with this  type of                 
  activity, he felt  we could not,  in good conscience,  spend                 
  money on someone who, in effect,  is not going to perpetrate                 
  any  more  crimes in  society.    He,  therefore, would  not                 
  support HB 162  if it were to come to the  House floor for a                 
  vote.                                                                        
                                                                               
  Number 544                                                                   
                                                                               
  REP. KOTT remarked  that the last  time this bill was  heard                 
  they did make an amendment that would take away the advisory                 
  vote  provision  of the  bill so  the  bill would  move from                 
  committee as a Sponsor Substitute for HB 162.                                
                                                                               
  Number 574                                                                   
                                                                               
  CHAIRMAN PORTER asked for  a roll call vote which  was taken                 
  as follows:                                                                  
                                                                               
  REP. GREEN     Yes                                                           
  REP. KOTT      Yes                                                           
  REP. PHILLIPS  Yes                                                           
  REP. JAMES     Yes                                                           
  REP. PORTER    Yes                                                           
                                                                               
  Number 579                                                                   
                                                                               
  CHAIRMAN PORTER declared that Sponsor  Substitute for HB 162                 
  amended Judiciary was moved from committee.                                  
                                                                               
  The House Judiciary Committee was adjourned at 2:42 p.m.                     

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