02/23/2000 01:47 PM Senate JUD

              SENATE JUDICIARY COMMITTEE                                                                                        
                  February 23, 2000                                                                                             
                      1:47 p.m.                                                                                                 
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Robin Taylor, Chairman                                                                                                  
Senator Rick Halford, Vice-Chairman                                                                                             
Senator Dave Donley                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator John Torgerson                                                                                                          
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE BILL NO. 268                                                                                                             
"An Act relating to mandatory 99-year terms of imprisonment for                                                                 
persons convicted of certain murders."                                                                                          
     -MOVED SB 268 OUT OF COMMITTEE                                                                                             
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 268 - No previous action.                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Ms. Karen Rogina                                                                                                                
Alaska Restaurant and Beverage Assn.                                                                                            
Alaska Hospitality Hotel and Motel Assn.                                                                                        
330 East 4th Avenue                                                                                                             
Anchorage, Alaska 99501                                                                                                         
POSITION STATEMENT:      Supports SB 268                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-8, SIDE A                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to                                                                 
order at 1:47 p.m. and brought up SB 268 as the first order of                                                                  
business.                                                                                                                       
                                                                                                                                
                                                                                                                                
         SB 268-MANDATORY 99-YEAR TERM OF IMPRISONMENT                                                                          
                                                                                                                                
SENATOR DONLEY, sponsor of SB 268, read the following sponsor                                                                   
statement:                                                                                                                      
                                                                                                                                
     Senate Bill 268 will require those convicted of murder in the                                                              
     first degree to be sentenced to a mandatory term of                                                                        
     imprisonment of 99 years when the defendant convicted of a                                                                 
     murder personally caused the death of a person, other than a                                                               
     participant, during a robbery.                                                                                             
                                                                                                                                
     SB 268 is in direct response to the recent increase in murders                                                             
     of late night restaurant workers and taxi drivers and was                                                                  
     introduced at the request of the Alaska Hospitality                                                                        
     Association.  A clear message needs to be sent to would be                                                                 
     robbers who believe it necessary to take another life during                                                               
     a robbery.  Any such action is not going to be tolerated by                                                                
     the people of Alaska.  The lives of our mothers, daughters,                                                                
     sons and fathers who work these late shifts are too precious                                                               
     for us to stand idly by and watch as this trend continues.                                                                 
                                                                                                                                
     Senate Bill 268 will add this new standard to three existing                                                               
     provisions of law that also require the mandatory 99 year                                                                  
     sentence when:                                                                                                             
                                                                                                                                
          *    The defendant is convicted of the murder of a                                                                    
               uniformed or otherwise clearly identified peace                                                                  
               officer, fire fighter or correctional employee who                                                               
               was performing professional duties at the time of                                                                
               the murder;                                                                                                      
                                                                                                                                
          *    The defendant has been previously convicted of a                                                                 
               murder in the first degree; or                                                                                   
                                                                                                                                
          *    The court finds clear and convincing evidence that                                                               
               the defendant subjected the victim to substantial                                                                
               physical torture.                                                                                                
                                                                                                                                
SENATOR DONLEY said by brutally taking lives during robberies these                                                             
offenders have demonstrated their wanton disregard for life.  Such                                                              
people need to know their evil actions will have serious                                                                        
consequences.  SB 268 sends a clear message to potential future                                                                 
robbers not to kill.                                                                                                            
                                                                                                                                
MS. KAREN ROGINA, Alaska Restaurant and Beverage Assn., stated she                                                              
supports SB 268.  Two restaurant employees have been killed in the                                                              
last two months and she feels this legislation will be a deterrent.                                                             
                                                                                                                                
SENATOR HALFORD moved SB 268 out of committee with individual                                                                   
recommendations.  There being no objection, the motion carried.                                                                 
                                                                                                                                
There being no further business to come before the committee,                                                                   
CHAIRMAN TAYLOR adjourned the meeting at 2:04 p.m.