Legislature(1995 - 1996)
01/30/1996 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 75 - INCREASED PENALTIES FOR JOYRIDING Number 0510 The next order of business to come before the House State Affairs Committee was SSHB 75. CHAIR JAMES called on Jeanne Lovell, Legislative Assistant to Representative Jerry Sanders to present the sponsor substitute statement. JEANNE LOVELL, Legislative Assistant to Representative Jerry Sanders, said Representative Sanders was detained in Anchorage. Ms. Lovell read the following statement into the record. "Sponsor Substitute for House Bill 75 labels those who take cars belonging to others as what they are -- thieves -- not joy riders or pranksters. It increases the penalty for the crime of vehicle theft to a C Felony with one minor exception (first offense snow machines). "This bill provides a strong deterrent for those who might otherwise commit vehicle theft. Generally, under current law, those caught "joy riding" can only be convicted of a Class A Misdemeanor. The current law ties the hands of police and provides no deterrent for the car thief unless they cause $500 damage or it is their second offense. "By increasing the crime of "joy riding" to a felony, SSHB 75 provides a strong deterrent necessary to prevent Alaska's youth from participating in vehicle theft and it gives the justice system the tools with which to make car thieves responsible for their actions. "There are other bills currently under consideration regarding vehicle theft issues. However, I, Representative Sanders, feel the SSHB 75 best serves the public interest because it is a compromise bill that stands the best chance of addressing the concerns of both the legislature and the administration." Number 0661 CHAIR JAMES said there was a day when steeling a horse was a hanging offense and now people drove cars. Number 0677 REPRESENTATIVE GREEN asked Ms. Lovell to explain the revisions in SSHB 75. Number 0692 MS. LOVELL deferred the question to Jerry Shriner, Special Assistant, Office of the Commissioner, Department of Corrections. Number 0703 JERRY SHRINER, Special Assistant, Office of the Commissioner, Department of Corrections, said the fiscal note expended about three million dollars. He stated two million related to the provision that made a second offense a class B felony with a four years sentence. SSHB 75 changed it so a second offense was a class C felony with a two years sentence. It was the cost difference between the Class B and Class C Felony charges reflected in the fiscal note. CHAIR JAMES called on the next witness, Del Smith, Deputy Commissioner, Office of the Commissioner, Department of Public Safety. Number 0757 DEL SMITH, Deputy Commissioner, Office of the Commissioner, Department of Public Safety, said the department supported SSHB 75. He said it had been called "joy riding" for far too long, and sounded like a college prank. In conclusion, he stated the department supported the increased penalties and believed in calling the action a theft. Number 0830 REPRESENTATIVE OGAN cited six cars per day in Anchorage were stolen and wondered if more cars were stolen in winter, for example. Number 0845 MR. SMITH responded there were 20 cars stolen in one day in Anchorage due to the key being left in the car, so there appeared to be more cars stolen in the winter. 0875 REPRESENTATIVE WILLIS asked Mr. Smith to explain the profile of a juvenile and adult offender, and wondered if there were more juvenile offenders. Number 0891 MR. SMITH responded there were 604 offenders last year of which 200 were juveniles and 400 were adults in Anchorage. He asserted there was a fair amount of juvenile offenders in Anchorage based on the larger population base. Number 0919 REPRESENTATIVE OGAN described his time spent last year with the Anchorage Police Department. He said he was appalled at the list of stolen vehicles. He cited an example where an officer decided not to pursue a possible stolen vehicle because it was not a felony offense. He said he was questioned by many police officers when joy riding would be a felony. He further cited in the Palmer Valley a first offender received a warning letter due to an overwhelming case load. He questioned if SSHB 75 was for posture or real action. Number 0999 MR. SMITH responded a felony should commensurate with a consequence. He further stated the message sent to juveniles that "joy riding" was a felony needed attached consequences, and that would cost money. He further said he did not have the absolute answer to Representative Ogan's concerns. A consequence was needed, he alleged, or it was not a good piece of policy. Number 1040 REPRESENTATIVE ROBINSON said it appeared from the Health and Social Service fiscal note there was a good chance of making a difference. Number 1059 REPRESENTATIVE IVAN asked if there were any statistics from the rest of the state other than Anchorage. Number 1070 MR. SMITH said because of the population base in Anchorage it was the biggest problem. He further said snow machines were a bigger problem in areas off of the main road system. Number 1090 REPRESENTATIVE IVAN asked if snow machines were excluded. Number 1100 MR. SMITH said in SSHB 75 it was not a felony. REPRESENTATIVE IVAN asked about skiffs and 4-wheelers. MR. SMITH responded the mentioned vehicles by Representative Ivan were considered a misdemeanor. Number 1115 CHAIR JAMES cited a personal experience in 1990 where a family car was stolen. She also cited a personal example last year where a snow machine was stolen. She alleged there was a rash of activity and something needed to be done. Number 1189 REPRESENTATIVE OGAN said if a car was stolen now it was only a misdemeanor, but if a $500 radio was stolen out of the car it was a felony. He questioned why there was an exemption for snow machines as they were worth more than $500. Number 1217 CHAIR JAMES said she understood a snow machine was a personal vehicle for some. Number 1230 REPRESENTATIVE PORTER said when SSHB 75 was passed to the House Judiciary Committee the sponsor and the committee were going to consider incorporating another bill that addressed juvenile car theft. CHAIR JAMES called on the next witness, Anne Carpeneti, Assistant Attorney General, Central Office, Criminal Division, Department of Law. Number 1275 ANNE CARPENETI, Assistant Attorney General, Central Office, Criminal Division, Department of Law, said the Administration supported SSHB 75. She announced it was long overdue. Ms. Carpeneti said under SSHB 75 boat theft was a felony based on the definition of a motor vehicle. She further said a first offense snow machine theft was a misdemeanor, but a second offense was a felony. It would be a felony if over $500 worth of damage was done on the first offense, however. She said she would be happy to answer any questions. Number 1335 REPRESENTATIVE OGAN asked if an all terrain vehicle such as a 4- wheeler was included in the definition of a motor vehicle. Number 1340 MS. CARPENETI said no. It was included in the snow machine provision. She read Section 1, page 3, line 1, "`motor vehicle' means a propelled vehicle that is a passenger car, truck, motorcycle, watercraft, aircraft, or commercial motor vehicle." CHAIR JAMES called on the next witness, Diane Worley, Director, Division of Family and Youth Services, Department of Health & Social Services. Number 1383 DIANE WORLEY, Director, Division of Family and Youth Services, Department of Health & Social Services said she was here to answer any questions. Number 1402 REPRESENTATIVE ROBINSON asked Ms. Worler if SSHB 75 would make a difference and how would it affect her department. Number 1420 MS. WORLEY said the juvenile probation offices throughout Alaska were overburdened. She alleged Representative Robinson's question depended on the level of their ability to monitor juveniles and was limited by resources. She asserted the department supported SSHB 75. She stated it increased the level of the crime and took away the perception of "joy riding" versus the crime of auto theft. However, the division would need additional probation officers to make a difference in Anchorage and Palmer. Number 1502 REPRESENTATIVE ROBINSON said under existing law when a juvenile stole a car he received a slap on the hand and asked Ms. Worley to comment. Number 1532 MS. WORLEY said the perception of the letter sent to juveniles on the first offense was exaggerated. She alleged the ability to take a strong action on criminal mischief was limited due to little leverage. Number 1590 REPRESENTATIVE ROBINSON questioned the concept of victim mediation and asked Ms. Worley to respond. Number 1625 MS. WORLEY said victim mediation had merit. She alleged it depended on the level of the crime. She affirmed victim mediation would be a good alternative to the less severe cases. Number 1655 CHAIR JAMES recalled her personal experience when the snow machine was stolen. She said it was a $4,000 snow mobile and when it was returned it was damaged. The mother of the juvenile cried when the complaint was filed. The case, however, was lost at DFYS. Chair James further said if it was her snow machine she would have approached the mother and juvenile directly to discuss the consequences. She said there needed to be alternatives to help the offender. Number 1740 MS. WORLEY agreed alternative programs were needed that involved the community and the parents. She cited a personal story where she stole a pack of gum at the age of five and was made to return it directly to the store. She said she was mortified and never stole again. Ms. Worley said juveniles learned from a process. The division she reiterated supported alternative programs for first time offenders. Number 1819 CHAIR JAMES wondered what would have happened if DFYS had not lost the file. Number 1850 REPRESENTATIVE PORTER said it was refreshing to hear discussion regarding consequences to juvenile action. REPRESENTATIVE PORTER moved SSHB 75 move from committee with the attached fiscal notes, and individual recommendations. Hearing no objection, it was moved out of the House State Affairs Committee.
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