Legislature(2005 - 2006)SENATE FINANCE 532
05/04/2006 09:00 AM Senate FINANCE
Audio | Topic |
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Start | |
HB307 | |
HB29 | |
HB446 | |
HB326 | |
HB57 | |
HB419 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
= | HB 307 | ||
+ | HB 29 | TELECONFERENCED | |
+ | HB 446 | TELECONFERENCED | |
+ | HB 326 | TELECONFERENCED | |
+ | HB 41 | TELECONFERENCED | |
+ | HB 57 | TELECONFERENCED | |
+ | HB 419 | TELECONFERENCED | |
+ | TELECONFERENCED |
SENATE CS FOR CS FOR HOUSE BILL NO. 41(JUD) "An Act relating to minimum periods of imprisonment for the crime of assault in the fourth degree committed on school grounds, on a school bus, at a school-sponsored event, or at certain school district administration offices." This was the first hearing for this bill in the Senate Finance Committee. REPRESENTATIVE BOB LYNN, the bill's sponsor, informed the Committee that this bill had passed the House of Representatives with a unanimous vote of the members present. He supported the title change adopted by the Senate Judiciary Committee which expanded the scope of an assault against a person to include an assault occurring "on school grounds, on a school bus", and "at a school sponsored event". Representative Lynn pointed out that the bill would also require a person convicted of a misdemeanor assault occurring at the aforementioned locations to receive a mandatory minimum sentence of 60 days. This bill would complement HB 88-CRIM LAW: MINORS, SCHOOLS, DRUGS, SENTENCES, which was recently signed into law by Governor Frank Murkowski. This bill would address misdemeanor assaults, while HB 88 would address felony assaults on school employees made with a deadly weapon. Representative Lynn contended that the mandatory 60-day sentence specified in this bill was an "appropriate" sentence. The message must be sent that assaults on school grounds would not be tolerated. Representative Lynn disclosed that, being a retired public school teacher; he personally understood "how dangerous working on school premises could sometimes be". He noted that representatives from the Department of Law, the Anchorage School District, and the Alaska Association of School Boards, which is on record in support of the bill, were available to answer questions. He urged the Committee to advance the bill. AT EASE: 9:46:23 AM / 9:46:35 AM Co-Chair Green appreciated the work conducted on this bill. She directed members' attention to a Mat-Su Valley Frontiersman newspaper article titled "Police: Student urged into fight by mother" [copy on file] about a Wasilla middle student who was urged by her mother and another adult to assault another student. The school district found they could not take action against the adults for their involvement. She mentioned that Senator Ralph Seekins has also recognized the validity in addressing such a situation. Passage of this legislation would delight school districts for it would provide them the ability to adequately address assault situations in the future. Senator Stedman asked whether the bill's language might subject junior high or high school boys who might "get a little rough with each other" when settling issues to 60 days in jail, were such action to occur on school grounds. NANCY MANLEY, Staff to Representative Lynn, deferred to the Department of Law. ANNE CARPENETI, Assistant Attorney General, Legal Services Section-Juneau, Criminal Division, Department of Law, stated that the situation "would depend on the circumstances". Students fighting at a school-sponsored event would be subject to this provision if "we could prove beyond a reasonable doubt that they were assaulting each other". Senator Stedman questioned the "leeway" a judge might have in dealing with these situations. "More often than we'd like", the reality is that such behavior does occur with young adults. Ms. Carpeneti understood the Senator's concern, as she recalled from her high school experience that "kids did push each other around". However, "it would be unlikely" under those circumstances that an assault charge would be issued "unless the fight was very serious". Ms. Carpeneti clarified, that, were there cause to prosecute, youth under the age of 18 would be prosecuted under juvenile law. This provisions in this bill would apply to people 18 years of age or older. Co-Chair Green pointed out that internal school discipline policies involving the principal, the student's parents, and the school's disciplinary committee would first address an in-school event. Ms. Carpeneti anticipated that juveniles would be involved in "the vast majority" of these situations. This legislation would not be applicable in those cases. Senator Bunde noted that a school confrontation that "escalated to a really extreme situation" could be charged as an assault under existing criminal law. To that point, he asked whether this bill would impact existing assault laws. Ms. Carpeneti stated this legislation would not affect existing law. "There is already an aggravating factor for this kind of conduct on school grounds that applied to all felony assaults against a person". Senator Bunde asked whether this bill would "increase that punishment" in the case of "a student upon student assault". Ms. Carpeneti expressed that this legislation would not affect juveniles; it would not apply to people under the age of 18. Senator Bunde shared "a very unfortunate event" in which a parent attending their child's hockey game in Anchorage assaulted a juvenile referee. He asked whether this legislation would be applicable to such a situation were it a school- sponsored event. Ms. Carpeneti affirmed it would. "It would apply to the adult". Co-Chair Green referred to language in Section 1(d)(1) and (2) of the bill, beginning on page 1 line 6 through page 2 line 7, which specified this legislation would be applicable to a person "who knowingly directed the conduct constituting the offense at a uniformed or otherwise clearly identified peace officer, fire fighter, correctional employee", emergency medical technician, paramedic, ambulance attendant, or other emergency responder who was engaged in the performance of official duties at the time of the assault or person on school grounds or at a school sponsored event. Ms. Carpeneti affirmed. Co-Chair Green continued that, rather than the target of the bill to be two kids fighting on a school playground, the focus of the bill would be to provide legal recourse for school officials in such cases as that detailed in the aforementioned newspaper article about the adult who "spurred the child on" to fight. The school district was frustrated when it found it had no legal recourse against the adult. She apologized, had her earlier remarks misled the discussion. Co-Chair Wilken moved to report the bill from Committee with individual recommendations and accompanying fiscal notes. There being no objection, SCS CS HB 41(FIN) was REPORTED from Committee with three previous zero fiscal notes: fiscal note #6 dated January 28, 2006 from the Department of Administration; fiscal note #7 dated January 30, 2006 from the Department of Law; and fiscal note #8 dated January 30, 2006 from the Department of Public Safety. AT EASE 9:54:39 AM / 9:58:27 AM
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