Legislature(1995 - 1996)
03/29/1996 01:30 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 75 VEHICLE THEFT AND JOYRIDING
REPRESENTATIVE JERRY SANDERS, sponsor of HB 75, explained the bill
raises vehicle theft to a class C felony with the exception of
first offense theft of snow machines and other off-road vehicles.
HB 75 provides a strong deterrent to those who might otherwise
commit vehicle theft. Under current law, those caught joyriding
can only be convicted of a class A misdemeanor. Current law ties
the hands of police and provides no deterrent for the car thief
unless he/she caused $500 in damage or is caught for a second
offense. HB 75 calls for license revocation, mandatory restitution
to be paid to the victim, raises the maximum jail time from one to
five years, and changes the maximum fine from $5,000 to $50,000.
The bill was drafted to address extreme problems in Anchorage, but
should be helpful in deterring car theft around the state.
CHAIRMAN TAYLOR asked about the fiscal note. REPRESENTATIVE
SANDERS replied DOC estimated $1,049,000.
CHAIRMAN TAYLOR commented that last year the committee tried to
create an effective bill but it was watered down at the request of
the Department of Law. The Governor then vetoed the bill because
he wanted to create a more comprehensive juvenile crime package.
REPRESENTATIVE SANDERS indicated HB 75 provides for heavier
sanctions, but does not waive minors into Superior Court
automatically. Prosecutors would have that option, however.
SENATOR GREEN asked if there is an age component included in the
bill.
ANNE CARPENETI, Assistant Attorney General, responded the offender
would be treated as a minor if under the age of 18.
CHAIRMAN TAYLOR noted the bill makes the adult offense more serious
but does not address juvenile offenses.
REPRESENTATIVE SANDERS explained the offense has been raised to a
felony for both minors and adults.
CHAIRMAN TAYLOR observed many offenders are not prosecuted while
the crime is considered a misdemeanor.
DONNA SCHULZ, a probation officer with the Division of Family and
Youth Services, testified in support of HB 75 since it acknowledges
vehicle theft for what it is. By raising the offense to a felony,
DFYS will petition such juvenile cases to court. Currently it
tries to handle 60 to 70 percent of misdemeanor cases in-house.
CHAIRMAN TAYLOR asked why, if 3,000 cars are stolen per year in
Anchorage, and at least 50 percent of those cars are stolen by
minors, more cases are not petitioned into court.
MS. SCHULZ did not have DFYS data available and explained
statistics are not specific as to the number of auto thefts.
CHAIRMAN TAYLOR expressed frustration that the problem of car theft
by juveniles is not being addressed now and questioned how changing
the classification will change the level of enforcement. He noted
the fiscal note for the Department of Corrections appears to apply
to car thieves over the age of 18. He asked Ms. Schulz if she
believed more minors will be brought to court if HB 75 passes.
MS. SCHULZ believed that would occur because the offense would be
raised to the felony level.
MS. CARPENETI noted there were 600 arrests for joyriding in 1994,
403 of which were for adults, and 205 were for juveniles. That
number does not reflect the number of cars stolen, only the number
of arrests made. The Department of Law supports HB 75.
DUANE UPLAND, Deputy Chief of the Anchorage Police Department,
stated law enforcement agrees that the crime of car theft should be
a felony. Law enforcement has been frustrated with both minor and
adult convictions as a misdemeanor offense because it is not
treated seriously. He urged committee members to raise the
offense to a felony.
CHAIRMAN TAYLOR asked Mr. Udland what the normal protocol is if an
officer pulls over a stolen car with three juveniles in it, and the
juvenile driver was speeding. He asked if the juvenile driver
would be treated as an adult for the moving traffic violations, but
as a juvenile for the actual theft of the car.
MR. UDLAND replied that is correct and causes a lot of frustration
for law enforcement officers.
CHAIRMAN TAYLOR asked what the law officer does with the juveniles
in the car under that scenario. MR. UDLAND stated there are a
number of variables, but police would have the option of booking
them into juvenile intake if they all had knowledge the vehicle was
stolen, but odds are they would be cited for reckless driving or
speeding and would be summoned into court at a later date.
CHAIRMAN TAYLOR asked if any of the juveniles end up booked or
locked up. MR. UDLAND replied it depends on their ages, past
records, availability of parents, and a number of other variables.
If the offense is a felony, police officers will lean more towards
a booking.
CHAIRMAN TAYLOR stated the offender needs to be booked and to wake
up in jail. MR. UDLAND stated more times than not, juveniles are
only cited for moving traffic violations. He noted the frustration
often stems from the fact that the jail or juvenile intake system
is often full which dictates whether an offender is booked. Police
are requested to bring in only the most serious offenders on nights
when there is limited space at the jails. He stated the question
in his mind is which system will deal with juveniles most
appropriately. At this time, he does not believe a Superior Court
judge will sentence minors to jail for a long term, whereas minors
at McLaughlin would probably get longer sentences. He did not
agree that the adult court system is necessarily the best place to
deal with juveniles.
FIRST SERGEANT MIKE CORKILL, Alaska State Troopers, testified in
support of HB 75 as it will help people protect one of their major
investments - vehicles.
JERRY SHRINER, representing the Department of Corrections (DOC),
testified in support of HB 75. He explained the fiscal note
submitted with the original version of the bill was reduced in the
House Finance Committee. The fiscal note was calculated using a
standard procedure consisting of the average daily cost of care
across the state which is $107. The committee objected to that
calculation because DOC did not know how many prisoners would be
housed in which facility. DOC then calculated the total amount by
using the same estimate of 32 people but placing them in the Palmer
facility. That calculation requires an additional post at that
facility which is actually five positions, working around the
clock. The amount equals the amount in the original fiscal note.
Number 427
CHAIRMAN TAYLOR asked how many new prisoners DOC expects to
receive. MR. SHRINER replied the primary cost will be to house
people convicted of a second felony. It is expected that most
people convicted of a first felony charge will go to halfway
houses. Second time convicts will spend approximately two years in
prison.
CHAIRMAN TAYLOR commented that the fiscal matters can be taken up
in the Senate Finance Committee.
SENATOR GREEN moved CSSSHB 75(FIN) out of committee with individual
recommendations. There being no objection, the bill moved from
committee.
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