SENATE BILL NO. 218 "An Act relating to the crime of murder and to murder of children." BRETT HUBER, STAFF, SENATOR HALFORD, testified in support of SB 218. He noted that the death of a child is always among the gravest of situations. He asserted that when a child's death results from the commission of a crime, the consequences should be certain and the punishment severe. Senator Halford introduced this legislation to give law enforcement, prosecutors and the courts additional tools to address crime involving the murder of children. HCS CSSB 218(JUD) makes the following changes to criminal statutes: ? amends current law by adding a new form of first degree murder when the death of a child results from the commission or attempted commission of kidnapping, or of a sexual offense, ? expands the list of offenses constituting felony murder to include sexual abuse of a minor in the first and second degrees, ? elevates criminally negligent homicide from a class C to a class B felony, ? establishes a twenty year mandatory minimum sentence for a person convicted of a murder of a child under the age of sixteen, ? increases the mandatory minimum sentence (from five to seven years) for manslaughter, when the victim is a child under the age of sixteen, ? establishes a new sentencing provision, which allows for a term of unsuspended imprisonment that exceeds the presumptive term, for certain felony offenses if the victim is a child under the age of 16, ? establishes the crime of custodial interference in the first degree if a person violates AS 11.41.330 and causes a child or incompetent person to be removed or kept outside the state. Mr. Huber maintained that children, society's most vulnerable members, deserve a responsible level of care when entrusted to an adult. The legislation is intended to establish a level of punishment more commensurate with the crime and send the clear message of deterrence that if you kill a child, you're going to jail for a very long time. Mr. Huber provided members with Amendment 1 (copy on file). He observed that the amendment would correct a drafting error. "Natural parent, step parent, adopted parent," would be added on page 3, line 27. The Department of Law suggested the language. He observed that the Anchorage Police Department brought the legislation to Senator Halford's attention. Representative Mulder questioned if there have been cases that would have been affected by the legislation. DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW observed that the Anchorage Police Department did compile a list of cases involving manslaughter, criminal negligent homicide, and second degree murder. He noted that sentences ranged from 18 months to 10 years. An 18-month sentence would be raised to a 3 to 4 year sentence for criminal negligent homicide. Manslaughter sentences of 5 years would be increased to 7 years. Second- degree murder sentences of 10 years would be increased to 20 years. He noted that the intent is to provide uniformity and to eliminate some of the variability of cases around the state of Alaska. He noted that there would only be a few cases affected by the legislation. In response to a question by Representative Grussendorf, Mr. Guaneli explained that criminal negligent homicide would be elevated from a class C felony to class B felony. He estimated that some borderline cases of criminal negligence and manslaughter might be plea-bargained down. Representative Mulder MOVED to ADOPT Amendment 1. There being NO OBJECTION, it was so ordered. Representative Kohring MOVED to report HCS CSSB 218 (FIN) out of Committee with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. HCS CSSB 218 (FIN) was REPORTED out of Committee with a "do pass" recommendation and with two zero fiscal notes, one by the Department of Corrections, dated 2/12/98 and one by the Department of Labor, dated 2/12/98; and one fiscal impact note by the Department of Administration, dated 2/12/98.