Legislature(1993 - 1994)

02/02/1993 08:00 AM House STA

Audio Topic
* first hearing in first committee of referral
+ 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                        
  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                                                                   
  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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