Legislature(2001 - 2002)
04/23/2002 08:38 AM Senate RLS
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATOR COWDERY moved to calendar SCR 31-SUSPEND UNIFORM RULE FOR HB 297 at the Chairman's discretion. SENATOR ELLIS asked why the title change is necessary. MS. LORALI CARTER, staff to Representative Kevin Meyer, said the title was changed at Senator Halford's request so that it could be used as a vehicle to move some language on juvenile restitution. She noted that Section 2 of HB 297 is the original language on aggravator for sexual assault; Sections 1 and 3 through 6 are new. SENATOR ELLIS asked if Representative Meyer supports the new language and whether it is non-controversial. MS. CARTER answered affirmatively. SENATOR ELLIS asked what it does. MS. CARTER explained that Section 1 creates a new section under restitution and declares that if a conviction is set aside, the restitution will remain enforceable. Sometimes a conviction can be set aside if part of the sentence has been served. This section makes sure the restitution will still be paid to the victim even if the conviction is set aside. SENATOR THERRIAULT asked if being set aside is different than being exonerated. MS. CARTER said that is correct. She then explained that Section 3 relates to delinquency disposition orders. Current law requires juveniles and parents to submit full financial statements when restitution is being decided. This amendment will require full financial statements only in cases where one party requests them, that being the Department of Law, the court, or the defendant. Full financial statements, in most cases, are usually unnecessary if the amount of the restitution is comparable to the permanent fund dividend. If damage is in the tens of thousands, one of those parties would likely request full financial disclosure. SENATOR ELLIS asked if Section 3 was in the bill when it was heard in the Senate Judiciary Committee. MS. CARTER said it was. SENATOR ELLIS asked Senator Therriault if he remembers discussing it. SENATOR THERRIAULT said he does not remember. He asked if someone from the Department of Law was present. MS. CARTER said no. CHAIRMAN PHILLIPS asked if it is the will of the committee to hold SCR 31. SENATOR THERRIAULT said if it is not scheduled for 24 hours, he can get his questions answered. He then noted he would like a description of "set aside" versus "exoneration." He surmised that the term "set aside" is not in statute. MS. CARTER said she was not sure but it is the term used by the Department of Law. CHAIRMAN PHILLIPS said he would like to move the bill out of committee and would not schedule it for at least 24 hours. SENATOR THERRIAULT pointed out that the phrase "suspends imposition of sentence" is used in Section 1. SENATOR ELLIS asked how a conviction that is set aside would be noted on a juvenile record. CHAIRMAN PHILLIPS suggested sponsors of House bills contact Senate Rules Committee members ahead of time to respond to questions so that bills are not delayed. SENATORS ELLIS and THERRIAULT agreed to move the bill from committee and get their questions answered before the bill is scheduled on the Senate floor. SENATOR THERRIAULT moved to calendar SCR 31 and CSHB 297(JUD)- AGGRAVATOR FOR SEXUAL OFFENSES with its fiscal notes at the Chairman's discretion. CHAIRMAN PHILLIPS announced that with no objection, the motion carried.
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