Legislature(1993 - 1994)
02/02/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 43: CRIME OF CONSPIRACY CHAIRMAN AL VEZEY read the title of HB 43, and invited Representative Brian Porter, the sponsor of HB 43, to testify. Number 030 REPRESENTATIVE BRIAN PORTER, PRIME SPONSOR of HB 43, as a former investigator stated the purpose of HB 43. He explained the crime of conspiracy would cover only serious crimes against persons and not such things as cheating on income tax. Felonies and unclassified felonies such as first degree murder, kidnapping, supplying narcotics to minors, and first degree crimes of assault, robbery, sexual assault, and arson were included. These crimes included serious injury or death to a person. Number 201 CHAIRMAN VEZEY asked for previous history regarding conspiracy legislation. REPRESENTATIVE PORTER explained the history of other legislation including some that did not pass and why the bills did not pass. Number 238 CHAIRMAN VEZEY asked about charge bargaining as referred to on page 3, section 3, of HB 43. REPRESENTATIVE PORTER discussed soliciting or attempting to commit a crime and defined soliciting. He said intent must be proved beyond a reasonable doubt and the person must take a step toward completion of the act. Number 298 REPRESENTATIVE FRAN ULMER shared concerns of people being framed. She said it did not say the defendant must act. She also discussed the issue of credibility. Number 328 REPRESENTATIVE PORTER stated with any crime a person could be framed but it must be proved the defendant was involved. Number 362 RICHARD BURTON, COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY, spoke in support of HB 43. He explained the history of conspiracy bills, saying the topic was too broad in past legislation. He stated HB 43 narrowed it down and would be a tool to use to connect the person who started the crime. He stated Alaska had the highest rate of crime per capita. Number 432 REPRESENTATIVE BETTYE DAVIS asked questions regarding the fiscal note. Number 434 REPRESENTATIVE PORTER explained the fiscal notes from the Public Defender Agency and the Public Advocacy Agency. He described the jobs and cases given to each agency. Number 466 REPRESENTATIVE B. DAVIS said the fiscal note was inflated. Number 468 CHAIRMAN VEZEY restated the costs in the fiscal note were probably not a reflection of the change in law that would come from HB 43. Number 480 REPRESENTATIVE PORTER reiterated the agencies were showing within the fiscal note a cost that increased six, seven, or eight percent of their budget. Number 510 REPRESENTATIVE HARLEY OLBERG stated while on the finance subcommittee he was surprised at the budget costs for the Office of Public Advocacy. He also shared his frustration over the fiscal note being worthless. Number 527 REPRESENTATIVE ULMER discussed the function of the Office of Public Advocacy. She stated the fiscal note assumed there would be twenty-five conspiracy cases annually which would increase their work load. Number 546 REPRESENTATIVE PORTER said the agencies failed to recognize the cases which would be conspiracy were the same cases that would be defended and convicted from the original act performed. Therefore, the fiscal note should reflect no increase in cost, he added.
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