HB 64 An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; and prohibiting the suspension of imposition of sentence of a person convicted of stalking. HB 64 was held in Committee for further discussion. HOUSE BILL 64 "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; and prohibiting the suspension of imposition of sentence of a person convicted of stalking." REPRESENTATIVE CYNTHIA TOOHEY testified that FBI reports thirty percent of female murder victims in 1990 were slain by husbands or boyfriends. Following a stalking death of an actress, California reacted by passing the first "anti stalking" law. Thirty-one other states have followed suit. These laws are the result of stalking victims' frustrations with the current inability of law enforcement officials to intervene prior to a victim being physically attacked. One in twenty adults will be stalked in their lifetime, researchers say. HB 64 was modeled after the Michigan Law which was passed in 1992. It is supported by the Department of Law, the Council on Domestic Violence and Sexual Assault, the Department of Public Safety, the Homer and Anchorage Police Departments and the Alaska Association of Chiefs of Police. Representative Navarre asked if violation of a temporary restraining order would result in a felony charge of 11 stalking. MARGO KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW, testified violation of a restraining order would meet the element of stalking. (Tape Change, HFC 93-42, Side 2). Ms. Knuth stated the elements of the stalking offense is "knowingly engaging in a course of conduct, recklessly placing another person in fear of death or physical injury". The course of conduct is based upon repeated non-consensual contact. Representative Martin asked the approximate number of cases per year would be filed. Ms. Knuth expected that statewide, twelve cases per year would be filed and of those none would most likely go to trial. Representative Martin asked how many of the twelve cases would be convicted. Ms. Knuth thought over half would be convicted. Representative Martin noted his concern with added probation costs that the bill would incur. MARCIA MCKENZIE, COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT, (CDVSA) JUNEAU, ALASKA testified in support of HB 64 and urged quick and prompt passage of the legislation. Representative Brown pointed out there would be fiscal impact by the Department of Corrections. Ms. Knuth replied probation revocation is based on a new offense. She added the convicted person would be spending the same amount of time in jail. From the prosecutors point of view, it is easier to put someone back in jail on a probation revocation. SAM TRIVETTE, DIRECTOR OF COMMUNITY CORRECTIONS, DEPARTMENT OF CORRECTIONS, stated the Department of Corrections provided a zero fiscal note because of experience based upon previous probations matters, judges can currently place those convicted on probation for five years. Nearly all violations occur in the first five year period. Representative Brown disagreed and reiterated her argument that there would be fiscal impact to that Department. Co-Chair Larson stated HB 64 would be HELD in Committee for further discussion.