HB 288-CHILDREN WITNESSING DOMESTIC VIOLENCE MS. DENISE HENDERSON, staff to Representative Kott, started by saying that HB 288 is an Act relating to the creation of an aggravating factor for the commission of domestic violence in the physical presence or hearing of a child. This bill will add a new section to statute 12.55.155(18). At the present time, committing domestic violence in the presence of a child is not included as a determining factor in the sentencing of the perpetrator. Currently there is nothing in the Alaska statutes that would allow judges to factor the egregiousness of the crime into the sentencing. This should be an aggravating factor in determining sentence for the crime of domestic violence. This bill will expand the list to protect the special vulnerability of children. It will become a major factor in determining the severity of the crime and the resulting sentence thereof. HB 288 will allow the courts to consider these factors to mitigate or aggravate the severity of domestic violence when committed in the presence of a child. This is valid criteria for the court in rendering sentence. Mr. Chairman and fellow committee members, I myself have seen the long term emotional and psychological damage that violence in the home causes. While working for the Juvenile Division of the District Attorney's Office in Albuquerque, New Mexico there was one underlying factor that always seemed to play a role in the lives of the children coming through the system "domestic violence." Since moving to Anchorage, I have been employed with Abused Women's Aid in Crisis, where once again I witnessed the devastation that domestic violence has on public advocacy in Anchorage. This bill would not only bring awareness to the trauma that children bear in witnessing domestic violence in the home, but will be instrumental in breaking this on-going cycle. The public policy that you are being asked to consider today is: should the commission of the crime of domestic violence in the presence of a child be included on this list of factors. Number 763 CHAIRMAN TAYLOR commented that this bill considers factors that can mitigate or aggravate the severity of the crime, and speaks to this offense in AS 11.41 as being a felony--this will not include "aggravating factor" on a misdemeanor. MS. HENDERSON agreed, saying it will only be considered in felony domestic violence cases. CHAIRMAN TAYLOR noted that AS 11.41 is sexual assault in the first degree. Number 811 SENATOR ELLIS asked why this bill only applies to felony domestic violence. MS. HENDERSON responded that a lot of misdemeanor cases are not reported, and most of the emphasis in the court system is on felony cases. SENATOR ELLIS commented that even misdemeanor cases have a negative impact on children. MS. HENDERSON agreed. SENATOR ELLIS asked Ms. Henderson if she thought Representative Kott would accept the inclusion of misdemeanor cases. MS. HENDERSON responded yes. Number 905 SENATOR HALFORD indicated that the definition in the Alaska statute of "household members" is very broad. Included in the definition are adults or minors who are current or former spouses--that could be 20 years ago, adults or minors who live together or who have lived together--at any time, engaged in a sexual relationship--at any time, formerly related by marriage--at any time. Senator Halford feels there should be a limitation on the definition of household member. He did not realize that a special class of criminal, people who may not have seen each other for 20 years, was being set up. Number 1035 CHAIRMAN TAYLOR made the comment to Ms. Henderson that the committee is concerned with the definition of household, and that there is no statute of limitation for the crime. MS. HENDERSON explained that when the bill was originally drafted, the interpretation was of a standard perception of household. Sometimes it is a good thing that the laws are written in an open and broad way, and sometimes not. Anyone at anytime, when there is domestic violence, should be held accountable and hopefully the court will look at this as an aggravating factor. Number 1210 SENATOR HALFORD said he does not disagree, but there is no way to amend the bill with this title. The bill talks about one mitigator in the broad category of domestic violence--he was not aware that the statute was so broad. SENATOR HALFORD moved to strike the last phrase on page 1, starting with "a household member" and inserting "within the household." There being no objection, the motion carried. The new language will read: (C) specified in AS 11.41 that is a crime involving domestic violence and was committed in the physical presence or hearing of a child under 16 years of age who was, at the time of the offense within the household. SENATOR HALFORD moved SCS CSHB 288(JUD)am from committee with individual recommendations. There being no objection, the motion carried. CHAIRMAN TAYLOR apologized to Mr. Arthur Hansen for overlooking the fact that he was waiting to testify via teleconference. Number 1482 MR. ARTHUR HANSEN, a dentist in Fairbanks, commented that it is part of the dental code of ethics that dentist's look for child abuse in their offices. Mr. Hansen is involved with Prevent Abuse And Neglect Through Dental Awareness (PANDA). He and a police office in Anchorage helped instigate this bill.