SENATE BILL NO. 3 An Act relating to the crimes of murder, solicitation to commit murder in the first degree, manslaughter, and criminally negligent homicide; relating to homicides of children; and relating to the crime of interference with custody of a child or incompetent person. JULI LUCKY, STAFF, SENATOR RICK HALFORD, explained the intent of SB 3 and the changes that it would incorporate into criminal statute. She pointed out that last year SB 3 came through as SB 218. The current version would: * Add a new form of first degree murder when the death of a child results from the commission or attempted commission of kidnapping or sexual offense; * Expands the list of offenses constituting felony murder to include sexual abuse of a minor in the first and second degrees; * Adds a new form of second degree murder when a person causes the death of a child with criminal negligence and has a previous felony conviction against a child; * 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 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; * Expands the crime of custodial interference in the first degree to include the act of keeping a child or incompetent person outside of the State; * Clarifies language in the sex offender registry; and * Elevates solicitation of murder to an unclassified felony. Ms. Lucky emphasized that children deserve a responsible level of care when they are entrusted to an adult. SB 3 would accomplish both the goal of deterrence and at the same time would establish punishment more fitting for such crime. Ms. Lucky provided a sectional analysis of changes made in the House Judiciary Committee version: Section 1- States the purpose of Section 15. Section 2- Increases the penalty for the crime of solicitation of first degree murder from a class A felony to an unclassified felony. Section 3- Simplifies the language and expands the range of conduct constituting that particular form of first- degree murder. It would create a new form of first degree murder when the death of a child results from the commission or attempted commission of kidnapping or a sexual offense. Section 4- Expands the list of offenses constituting felony murder to include sexual abuse of a minor in the first and second degrees and makes causing the death of a child with criminal negligence a form of second degree murder if there is a previous conviction. Section 5- Increases the penalty for criminally negligent homicide from a class C to a class B felony. Section 6- Expands the definition of custodial interference to include keeping a child or incompetent person outside of the State. Section 7 & 8-Adds solicitation to commit murder in the first degree and conspiracy to commit murder in the first degree to the listing of unclassified offenses and unclassified felonies. Section 9- Establishes a mandatory 20 year minimum sentence for the murder of a child under 16 years of age, providing the assailant was a legal guardian, occupied a position of authority, or caused the death of the child by committing a crime against a person. Section 10-Increases the presumptive penalty for child manslaughter from 5 to 7 years. Section 11-Allows the courts to sentence a first felony offender convicted of criminally negligent homicide of a child under 16 years of age to a longer sentence than the presumptive sentence for a second or third felony offender convicted of the same crime. Sections 12, 13 & 14-Adds sections to the definition of aggravated sex offense in the definition sections of the sex offender registration statutes. Section 15-Clarifies that the definition for "conviction" in the Sex Offender Registry Statutes. Sections 16 & 17- Bifurcates applicability of the act. Section 18-Definition for conviction in the sex offender registry statutes applies to convictions that occurred before, on or after the effective date. Section 19-Immediate effective date. DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, noted that the Department of Law supports the legislation. He advised that portions of the bill were part of HB 375 sponsored by the Governor last year. The provisions had been struck from the Governor's bill and were then placed in a separate Senate bill which did not pass. Mr. Guaneli advised that that there is a perception that some homicide crimes committed against children are not treated as seriously as homicide committed against adults. That is the primary basis for the bill. BARBARA BRINK, (TESTIFIED VIA TELECONFERENCE), DIRECTOR, ALASKA PUBLIC DEFENDER AGENCY, ANCHORAGE, commented that the law already recognizes that the death of a child is a significant event. In statutes passed by the Legislature, there is a stipulation called an "aggravating factor" indicating vulnerable victims including children. Ms. Brink pointed out that Alaska has a clearly defined system of homicide statutes that determines what level of responsibility a person should be held accountable for, based on their mental condition at the time of the crime. She believed that the proposed legislation could be dangerous as it would create a special category for offenses based simply upon the status of the victim. Ms. Brink addressed specific provisions and concerns of the proposed bill. Section 5 would make criminal negligent homicide a class B felony, which currently, it is a class C felony, which means if a careless act were committed resulting in a death, the proposed legislation would change the amount of time that the person would be required to serve. If it were the intent to create additional degree of homicide, that would make sense. She observed that there are situations in which someone has acted negligently and that it would not be appropriate to charge them with a class B felony. That could result in a ten-year prison sentence. Additionally, Ms. Brink pointed out that Section 5 speaks to "any death", not just the death of a child. Ms. Brink continued, Section 15 would change the definition of conviction. The intention of the provision would be to enlarge that group which occupies the sex offender registration laws. She stated that change could have serious constitutional and protection problems. Mr. Guaneli spoke in response to the concerns voiced by Ms. Brink on Section 5. He noted that there is a "gap" in State law, indicating that it is not a fair characterization that would be "careless" killing. The legislation would increase the criminal negligent homicide class to a B felony to fill the middle category. He advised that the class C felony would be the same penalty for stealing a $500 dollar television. That gap needs to be addressed. Representative J. Davies asked if there were examples of criminally negligent homicides that should remain class C felonies. Mr. Guaneli replied that criminally negligent homicide is not a common occurrence. The "shaking of a baby" to death would be an instance. He reiterated that there are homicides which fall under unusual circumstances. In response to Representative J. Davies, Mr. Guaneli explained the difference between the penalties for class C versus class B charges. A class C felony would be 0 - 5 prison years and a class B felony could be 0 - 10 prison years. The average sentence that someone serves for a class C felony is roughly six months to one year; the average sentence served for a class B felony is 1 to 3 year for a first time offender. Mr. Guaneli advised that "other" provisions on Page 3 would establish sentencing for criminal negligence and reckless killings of young children where there existed a previous incidence, which would elevates it to a 2nd degree murder charge. Section 5 is a stand-alone provision and relates to all other criminally negligent homicides. Co-Chair Therriault MOVED to adopt Amendment #1. [Copy on File]. He commented that the amendment would provide clarification of language on Page 2, Line 27. There being NO OBJECTION, it was adopted. Representative Foster MOVED to report HCS CS SB 3 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. HCS CS SB 3 (FIN) was reported out of Committee with a "do pass" recommendation and with fiscal notes by Department of Corrections, two by the Department of Administration dated 1/25/99 and a zero note by the Department of Law dated 1/25/99.