04/29/2004 09:10 AM House RLS

HB 381-CHILD ENDANGERMENT DRIVING OFFENSES                                                                                    
                                                                                                                                
CHAIR ROKEBERG announced  that the first order  of business would                                                               
be HOUSE BILL NO. 381, "An Act relating to child endangerment."                                                                 
                                                                                                                                
Number 024                                                                                                                      
                                                                                                                                
REPRESENTATIVE  McGUIRE  turned  to  [Amendment  1],  which  read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     DELETE (Page 2, Lines 14-15)                                                                                               
                                                                                                                                
     (3) knowingly transports a child in a motor vehicle in                                                                     
       violation of AS 28.05.095(b) and the child suffers                                                                       
     physical injury or dies.                                                                                                   
                                                                                                                                
     DELETE Sec. 4 (Page 2, Line 27 - Page 3, Line 1)                                                                           
     Endangering the welfare of a child in the first degree                                                                     
     under (a)(3) of this section is a                                                                                          
          (1) class C felony if the child dies;                                                                                 
          (2)  class A misdemeanor if the child suffers                                                                         
               serious physical injury; or                                                                                      
          (3)  class B misdemeanor if the child suffers                                                                         
               physical injury.                                                                                                 
                                                                                                                                
     Preceding sections are appropriately renumbered.                                                                           
                                                                                                                                
                                                                                                                                
     Note:  This amendment will have the effect of removing                                                                   
     all reference to the "failure to restrain" offense and                                                                     
     all resulting criminal penalties.                                                                                          
                                                                                                                                
REPRESENTATIVE   McGUIRE  explained   that  although   the  above                                                               
language was left  in HB 381 because a few  members [of the House                                                               
Judiciary Standing Committee] wanted it  to remain, she has never                                                               
really felt  comfortable with it.   She explained that  [with the                                                               
adoption of  Amendment 1]  the legislation will  be limited  to a                                                               
situation  in which  a person  transporting  a child  in a  motor                                                               
vehicle, aircraft, or watercraft while  under the influence of an                                                               
intoxicant.  She informed the  committee that of all the children                                                               
injured or killed  in an automobile accident in  which the parent                                                               
or  the individual  transporting  the child  was intoxicated,  71                                                               
percent of  the children  were not  restrained in  any way.   The                                                               
percentages   increase  as   the  amount   of  alcohol   consumed                                                               
increases.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   McGUIRE  clarified   that   Amendment  1   would                                                               
eliminate  the provision  that would  increase the  penalties for                                                               
transporting  a child  without proper  seating restraints  when a                                                               
child   suffers   serious  physical   injury   or   dies.     The                                                               
aforementioned recognizes that there  isn't a clear understanding                                                               
of what these child restraints are  at this time.  The Department                                                               
of Transportation & Public Facilities  has put forth a definition                                                               
of different weight and age  requirements for children, but those                                                               
aren't well  understood.  Therefore,  it's not fair,  she opined,                                                               
to increase the penalty and  criminalize people for provisions of                                                               
the law that they may not understand.                                                                                           
                                                                                                                                
Number 069                                                                                                                      
                                                                                                                                
REPRESENTATIVE McGUIRE  moved that the committee  adopt Amendment                                                               
1  [text  previously  provided].     There  being  no  objection,                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
CHAIR  ROKEBERG  informed  the  committee that  as  a  result  of                                                               
Amendment 1, the committee will be adopting a zero fiscal note.                                                                 
                                                                                                                                
Number 077                                                                                                                      
                                                                                                                                
REPRESENTATIVE KOTT  moved to report  CSHB 381(JUD),  as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying zero  fiscal note.   There being no  objection, CSHB
(RLS) was reported from the House Rules Standing Committee.