Legislature(1993 - 1994)
04/20/1994 04:12 PM Senate OTH
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CONFERENCE COMMITTEE ON SB 54
April 20, 1994
4:12 p.m.
CONFERENCE COMMITTEE MEMBERS PRESENT
Senator Robin Taylor, Senate Chair
Representative Brian Porter, House Chair
Senator Loren Leman
Representative Jerry Mackie
CONFERENCE COMMITTEE MEMBERS ABSENT
Senator Dave Donley
Representative Mark Hanley
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 54(FIN)
"An Act relating yo violations of laws by juveniles, to the
remedies for offenses and activities committed by juveniles and to
records of those offenses, and to incarceration of juveniles who
have been charged,prosecuted, or convicted as adults; and providing
for an effective date."
HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H
"An Act relating to violations of laws by juveniles, to the
remedies for offenses and activities committed by juveniles and to
juvenile records, and to incarceration of juveniles who have been
charged, prosecuted, or convicted as adults; and providing for an
effective date."
ACTION NARRATIVE
(TAPE 94-2 ON FILE IN LEGISLATIVE REFERENCE LIBRARY)
The Conference Committee on SB 54, chaired by Senator Robin Taylor,
was called to order at 4:12 p.m.
SUMMARY INFORMATION
TAPE 94-2, SIDE A
Before the committee was an amendment by Senator Donley. The
amendment speaks to juveniles charged with having weapons on school
grounds and inquiring if those cases would proceed to a youth
advisory panel. A discussion ensued about the Conference
Committee's limited free conference powers in regard to Senator
Donley's amendment; the amendment is not addressed in either the
Senate or the House version of SB 54.
Representative Porter asked why this issue was being dealt with in
SB 54, a waiver bill. Senator Leman informed the committee that
there is other legislation pending that could address Senator
Donley's concerns.
Number 185
Representative Porter stated that his amendment to HCS CSSB 54(FIN)
am H expanded the three degrees of murder towards the Senate
version of SB 54. Senator Leman and Representative Mackie objected
to having the sexual abuse of a minor as an exception.
Representative Porter explained that the portions of the amendment
dealing with sexual abuse and controlled substances are exceptions
to being automatically waived within unclassified felonies. A
discussion resulted in an attempt to clarify the amendment and its
ramifications.
Number 374
Representative Porter moved to amend his amendment by deleting "(A)
kidnapping prosecuted under AS 11.41.300(a)(2)(A) in which the
victim was a child under 18 years of age;" and deleting under
paragraph 2 "except kidnapping prosecuted under AS
11.41.300(a)(2)(A) in which the victim was a child under 18 years
of age" and reletter accordingly. Without objection,
Representative Porter's amended amendment was adopted.
Senator Leman moved to delete the amended (1)(A), formerly (1)(B).
Representative Porter objected for purposes of discussion. After
discussion, Senator Leman withdrew his motion.
Number 428
Representative Porter moved to replace the amendment with
conceptual language written by Mr. Chenoweth stating that
"automatically being waived are unclassified felonies and Class A
felonies both of which are against a person." Representative
Mackie clarified that a drug offense would be the only unclassified
felony not being automatically waived into adult court. Arson in
the first degree would be included in an automatic waiver. There
being no objection to the new amendment to be written by Mr.
Chenoweth, it was adopted.
Senator Taylor explained the portion of Senator Donley's amendment
which dealt with changes under AS 47.10.080(b). These changes do
not fall under the parameters of the committee. Mr. Chenoweth
reviewed Sections 12, 13, and 15 of HCS CSSB 54(FIN) am H.
Number 612
Representative Porter moved to adopt Sections 12 and 13 of HCS CSSB
54(FIN) am H. Without objection, it was so ordered.
Mr. Chenoweth continued his sectional review with Section 15 of the
House version of SB 54. A discussion of the burden of youth ensued
and without objection, Section 15 of HCS CSSB 54(FIN) am H was
adopted.
Number 711
Senator Taylor moved to adopt Mr. Chenoweth's amendment AA.2,
4/12/94 where needed in order to clean up the language adopted in
Representative Porter's amendment. Without objection, it was
adopted.
Mr. Chenoweth pointed out that Section 14 of the HCS CSSB 54(FIN)
am H and Section 5 of CSSB 54(FIN) were the same except for the
language speaking to previous adjudication in Section 5 of the
Senate version. Representative Porter moved to adopt Section 14 of
HCS CSSB 54(FIN) am H. There was discussion about the technical
clean up language needed for this section. Without objection,
Section 14 of HCS CSSB 54(FIN) am H was adopted.
The sectional analysis continued with Section 17 of the House
version of SB 54. MARGO KNUTS explained that the intent of Section
17 was to accommodate the concerns of Senator Halford and the
Executive Branch. Section 17 preserves a victim's ability to
access court records. Senator Taylor inquired as to the reasoning
behind placing the burden of knowing the identity of the juvenile
on the victim. Victims are already allowed in the otherwise closed
juvenile proceedings.
Number 873
Representative Mackie moved to adopt Section 17 of HCS CSSB 54(FIN)
am H. Without objection, it was adopted.
The disclosure of agency records portion of HCS CSSB 54(FIN) am H,
Section 18, was explained. Representative Mackie moved to adopt
Section 18 of HCS CSSB 54(FIN) am H. Without objection, it was
adopted.
TAPE 94-2, SIDE B
Number 909
After Mr. Chenoweth pointed out that Section 20 of the House
version defined a victim in terms of the Victim's Right Bill,
Representative Porter moved to adopt Section 20 of HCS CSSB 54(FIN)
am H. Hearing no objection, it was adopted.
Mr. Chenoweth explained Sections 4, 5, and 7 of the House bill.
Some of Senator Donley's concerns were mentioned regarding these
sections. DAN AUSTIN, Legislative Assistant to Representative
Brown, stated that remedial education is at the court's discretion
and the Department of Corrections will provide remedial education
if they have such capacity. Mr. Austin did not believe that would
have any effect on what is offered to adults.
Representative Mackie moved to adopt Sections 4, 5, and 7 of HCS
CSSB 54(FIN) am H. Senator Taylor objected. Senator Leman
expressed his feeling that these sections do not accomplish much.
A roll call vote was taken in which Senator Taylor and Senator
Leman voted "Nay" and Representative Porter and Representative
Mackie voted "Yea." The motion failed, the amendment was not
adopted. Senator Taylor clarified that the failing of the motion
deletes Sections 4, 5, and 7 of HCS CSSB 54(FIN) am H.
Number 118
After Mr. Chenoweth's explanation of Section 21 in the House bill
and Section 12 of the Senate bill, Representative Porter moved to
adopt Section 21 of HCS CSSB 54(FIN) am H. Without objection,
Section 21 was adopted.
There was discussion of paragraph 10 on page 3 of HCS CSSB 54(FIN)
am H. CATHY TIBBLES, Department of Health and Social Services,
expressed concern that this language would penalize the adjudicated
minor as well as the homeowner. The homeowner could be in a
parental placement situation such as a foster parent. She pointed
out the possibility of losing placement situations for these
children not to mention the difficulty in monitoring the home for
the presence of prohibited weapons. There is also a concern with
acquiring written authorization for the juvenile to reside in a
home with a prohibited weapon.
JOE AMBROSE, staff to Senator Taylor, directed the committee to Mr.
Chenoweth's legal opinion which offers possible remedies to the
Department of Health and Social Services' concerns. Further
discussion ensued regarding the possibility that the language under
paragraph 10 on page 3 of the House bill would decrease the number
of foster parents.
Number 300
Senator Leman moved to delete the amended language in paragraph 10
under Section 2 on page 3 of HCS CSSB 54(FIN) am H. Without
objection, the language was deleted.
Mr. Chenoweth informed the committee that he would present all the
members with a draft copy of the Conference Committee substitute
before putting it into a final copy.
There being no further business before the committee, the meeting
adjourned at 5:32 p.m.
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