Legislature(2005 - 2006)BUTROVICH 205
01/31/2006 09:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation: Regina Chennault – Violent Crimes Compensation Board | |
| HB41 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 237 | TELECONFERENCED | |
| + | HB 41 | TELECONFERENCED | |
HB 41-ASSAULT ON SCHOOL EMPLOYEES/BUS DRIVERS
9:46:55 AM
CHAIR RALPH SEEKINS announced HB 41 to be up for consideration.
REPRESENTATIVE BOB LYNN, bill sponsor, introduced the bill. HB
41 passed unanimously in the House at the end of the previous
session. HB 41 establishes a mandatory minimum term of 60 days
for anyone convicted of a misdemeanor assault of a school
employee during official performance of duties. It would provide
the same level of protection to teachers and other school
employees as currently held to protect police officers,
firefighters, and other emergency responders. The bill is
complimentary to Governor Frank Murkowski's HB 88, which was
recently signed into law.
Misdemeanor assaults on teachers or employees are not the same
as with individual private citizens. It is an assault of an
official representative of the government. The job of a school
employee can be dangerous as a result of unruly parents and
others.
9:51:12 AM
SENATOR GRETCHEN GUESS asked the reason the class of employees
was not simply included under AS 12.55.135(d)(1).
REPRESENTATIVE LYNN said the drafters felt it should be listed
under its own subparagraph.
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
Department of Law (DOL), explained HB 41 was drafted by
legislative affairs and school employees were noted separately
for clarification purposes. Also the bill has been amended and
so the caveat at the end would only apply to mandatory minimums
for school employees.
SENATOR HOLLIS FRENCH noted the reason punishment is stronger
for people who assault police officers, firefighters and
emergency responders is because they occupy a uniquely dangerous
job. Dozens of police officers have lost their lives performing
their duty. He asked Representative Lynn the rationale for
making an assault on a school employee exactly the same as an
assault on a police officer.
9:54:21 AM
REPRESENTATIVE LYNN advised he is a former police officer and
recognizes it is a dangerous job. School employees protect
children and society must protect them. He maintained that
testimony would prove HB 41 was necessary. The Alaska Chiefs of
Police endorse the bill.
9:56:20 AM
SENATOR FRENCH asked Representative Lynn whether he believed
that school teaching was as dangerous an occupation as being a
police officer.
REPRESENTATIVE LYNN said perhaps not. But, he said, children are
a precious asset. He asserted the need to provide safety in the
schools.
SENATOR FRENCH agreed safety in the schools was a problem but
admitted he was struggling with some of the implications. One
thing to realize is that the same assault would get handled
differently when it happens on school grounds. He worried about
the "bandwagon effect". Prosecutors also perform a dangerous
job, putting bad people in jail for a long time in a
confrontational way. He recognized there are many people who
perform a variety of dangerous jobs but do not receive special
protection from the law. He said judges are able to sort out
cases and provide the appropriate punishment to the offender.
9:59:09 AM
SENATOR FRENCH continued HB 41 would allow a defendant who has
been found guilty of assault to propose a mitigator, which is
rarely used in misdemeanor sentencing. Mitigator 6 says in a
conviction for assault, under AS 11.41.200-220, the defendant
acted with serious provocation from the victim. He noted the
assault statute (AS 11.41.230) was not listed. He asked Ms.
Carpeneti whether a change should be made in mitigator number 6
to make it clear to the court that the mitigator would be
available.
10:00:41 AM
MS. CARPENETI said it would be a big change in sentencing law.
At this point prosecutors can argue aggravating factors just
because they make sense. It is not mandatory like it is with
felonies and it is not something the courts make findings on
like they do with felonies. It's also a different burden of
proof. The DOL was not a part of the addendum and are also
concerned about it. She said Senator French was correct in
cautioning the committee to consider the implications. If the
Legislature would want the mitigator to apply, they would have
to change it. Ms. Carpeneti said she would not advocate for it
though.
10:02:34 AM
SENATOR FRENCH referred to an assault at Clark Middle School
where the assault was basically a belly bumping between an angry
parent and a school administrator during an evening get-
together. It was minor but was technically an assault. This
would be the kind of issue that the courts would have to face.
He expressed unease that HB 41 would require the person to go to
jail for 60 days.
REPRESENTATIVE LYNN pointed out that the prosecutor retains
discretion on how to proceed with the case.
SENATOR FRENCH asserted by leaving it up to a judge it would
allow for that judge to look at the big picture and make the
ruling fit the crime.
10:04:49 AM
SENATOR CHARLIE HUGGINS expressed support for the bill.
SENATOR GENE THERRIAULT referred to page 2, line 4 and asked
whether a middle school would be covered.
MS. CARPENETI said she would check to make sure.
SENATOR THERRIAULT asked whether a parent who volunteers at the
school would be covered.
MS. CARPENETI believed that subject was discussed on the House
side and they would not be covered because they are not school
employees.
SENATOR THERRIAULT asked whether a sports official would be
covered.
MS. CARPENETI did not know whether sports officials were
technically hired as employees.
10:09:25 AM
REPRESENTATIVE LYNN speculated that student teachers were under
a contract even if they are not paid.
SENATOR THERRIAULT said they would not be covered because they
were not employees by definition. Last year with the passage of
HB 88, the Senate Judiciary Standing Committee inserted language
that dealt with administrative offices. He asked how HB 41 would
apply to administrative offices.
10:11:16 AM
MS. CARPENETI stated the DOL supports the bill and believes it
works complimentary to HB 88. The concern is with the mitigating
factors. There are mandatory minimums for many things such as
drunk driving, driving without a license, and other types of
assaults. Currently aggravating and mitigating factors allow a
court to go above and beyond in certain circumstances. They
don't have the kind of effect in misdemeanors that they do in
felonies. A big concern would be how HB 41 would affect drunk
driving laws. In terms of "at the administrative office", the
language is not in the bill and so it would have to be added if
the provision is desired.
SENATOR GUESS asked whether a teacher walking out to the parking
lot would be covered.
MS. CARPENETI said it would depend on the circumstances.
10:14:23 AM
CHAIR SEEKINS asked whether somebody assaulting a student would
fall under HB 41.
MS. CARPENETI responded the bill did not currently cover that
situation.
CHAIR SEEKINS said he believes the primary person who needs
protection is the student. He asked Senator Therriault to look
up the language on HB 88.
REPRESENTATIVE LYNN said he did not have a problem strengthening
the bill.
CHAIR SEEKINS said the Senate Judiciary Standing Committee
modified HB 88 last year by adding that a fourth degree assault
on another person while on school property would get the
aggravator.
10:16:32 AM
SENATOR THERRIAULT affirmed that is how the bill left the
committee.
CHAIR SEEKINS asked Representative Lynn whether he would object
to amending the bill to include all persons if the offense
happened on school property.
REPRESENTATIVE LYNN reported he would not object and would be
pleased.
MS. CARPENETI said she could not think of any reason to object
at the time. She pointed out the bill would not apply to
children assaulting other children. Ms. Carpeneti read the
description of fourth degree assault as "if the person
recklessly causes physical injury to another person or with
criminal negligence, causes physical injury to another person by
means of a dangerous instrument."
10:18:44 AM
CHAIR SEEKINS noted the definition of "dangerous instrument" is
broad. He said he would consider a conceptual amendment to
include covering anyone on school property.
10:20:14 AM
CHAIR SEEKINS asked Representative Lynn to take that concept to
the drafters and get back to the committee. He asked Senator
French to comment on the mitigating factors.
SENATOR FRENCH said he does not want mitigators to apply to
misdemeanors because of the bandwagon effect. He also expressed
concern that a minor dispute, out of view of any children, would
automatically get a term of 60 days in prison, which is the same
for anyone who assaults a police officer.
10:21:49 AM
SENATOR FRENCH noted the committee should clarify the types of
schools the bill would apply to.
10:24:14 AM
REPRESENTATIVE LYNN offered to circulate a memo of explanation.
MS. CARPENETI said the bill would apply to private schools but
not to preschools.
SENATOR GUESS asked for clarification on home schools.
SENATOR THERRIUALT asked Representative Lynn whether there was a
pattern of weak sentences being handed down for assaults on
school employees.
REPRESENTATIVE LYNN asserted the bill addressed future assaults
on school grounds and would serve to ensure the incident is
dealt with appropriately. He said not only is it a local problem
but it is a national problem.
SENATOR THERRIAULT asked Ms. Carpeneti to comment in regards to
additional prison costs to the state.
10:27:12 AM
MS. CARPENETI said the few cases she knows of the judges have
dealt out punishment that was satisfactory to the prosecution.
SENATOR GUESS requested Representative Lynn to add a fiscal note
from the court system to the bill packet.
10:28:58 AM
MS. TONI HARTLEY, Secretary, Pioneer Peak Elementary, expressed
full support for HB 41. She testified she was assaulted on May
6, 2005 by an angry parent while on school grounds. She
sustained several punches to the head and was thrown to the
ground. She asserted that safety at her school is now being
widely questioned. The parent who assaulted her was served with
a restraining order, which she then violated - demonstrating a
lack of respect for the law. Ms. Hartley has had continuing
doctor visits and physical therapy as a result of the attack.
The medical bills have amounted to over $11,000. She questioned
whether anger management classes would serve the assailant any
good.
10:33:38 AM
MS. HARTLEY continued her assailant was not handcuffed or
escorted off the school grounds on the day the assault occurred.
At Pioneer Peak Elementary the principal has also been verbally
attacked and threatened by parents and a nurse was chased down
the hallway by a parent who learned they were reported to the
Office of Children's Services. A convicted sexual offender
violated a restraining order and refused to leave a school
classroom. Recently a middle-school student was attacked on a
school bus. School district employees need legal recourse and
protection. She urged the committee to pass HB 41.
10:35:39 AM
REPRESENTATIVE LYNN asked Ms. Hartley the sentence her assailant
received.
MS. HARTLEY responded a conviction for assault in the fourth
degree, anger management classes, and a letter of apology to Ms.
Hartley. All fines and jail sentences were suspended.
10:36:38 AM
CHAIR SEEKINS held HB 41 in committee.
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