HOUSE BILL NO. 288 "An Act relating to the creation of an aggravating factor for the commission of domestic violence in the physical presence of a child." DENISE HENDERSON, STAFF, REPRESENTATIVE KOTT testified on behalf of the sponsor in support of HB 288. House Bill 288 would add a new section to AS 12.55.155(c)(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 would expand the list to protect the special vulnerability of children. It would become a major factor in determining the severity of the crime and the resulting sentence thereof. House Bill 288 would 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 a valid criterion for the court in rendering sentence. Ms. Henderson emphasized that she has witnessed the long term emotional and psychological damage that domestic violence in the home can cause on children. She maintained that it is imperative that the court system be given a new tool to further the fight against domestic violence and child abuse. While working for the Juvenile Division of the District Attorney's Office in Albuquerque, New Mexico, she observed that there was one underlying factor that always seemed to play a role in the lives of the children coming through the system; "domestic violence". She also worked with Abused Women's Aid in Crisis in Anchorage, where she witnessed the devastation that domestic violence has on children. She is currently a Court Appointed Special Advocate, for the Office of Public Advocacy in Anchorage. She maintained that the legislation would not only bring awareness to the trauma that children bear in witnessing domestic violence in the home, but would be instrumental in breaking this on-going cycle. Ms. Henderson noted that there are zero fiscal notes from the Department of Law, Alaska Court System and the Public Safety. The Department of Administration, Public Defender Office's submitted an indeterminate fiscal note. She observed that the Department of Corrections brought their fiscal note down from $99 thousand dollars to $24 thousand dollars. She felt that the Department of Corrections' fiscal note should also be indeterminate, since the legislation is permissive and allows judges discretion in its implementation. She pointed out that the bill only adds an aggravating factor for the judges to consider. It is at the judge's discretion as to whether it will be applied. Co-Chair Therriault asked for more information regarding the fiscal note by the Department of Corrections. Ms. Henderson noted that the original fiscal note by the Department of Corrections was for $99.7 thousand dollars. The Department of Corrections worked with the Department of Law to lower the fiscal note. The new fiscal note is for $24 thousand dollars. Mr. Niehaus expressed concern with subsection (c) on page 1, line 13. He questioned if an argument among parents in another room could be used as an aggravating factor. Ms. Henderson explained that the provision would only apply to felony offenses. It is not a new statute; it would be a mitigating factor. Mr. Niehaus felt that the language could be misinterpreted. Vice Chair Bunde clarified that there has to be a charge of domestic violence involving physical violence for the provision to be an aggravating factor. Ms. Henderson explained that the language is permissive and up to the judge's discretion. Co-Chair Therriault felt that the new fiscal note was still high. He pointed out that action on fiscal notes are subject to conference committee action on the operating budget and indicated that he would work with the department to lower the note. Representative G. Davis noted that the fiscal note by the Department of Corrections indicates that an addition of three months could be added to sentencing based on the aggravating factor in subsection (c). Vice Chair Bunde MOVED to report CSHB 288 (JUD) out of Committee with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CSHB 288 (JUD) was REPORTED out of Committee with "no recommendation" and a new fiscal note by the Department of Corrections; an indeterminate fiscal note by the Department of Administration; and 2 zero fiscal note by: the Department of Public Safety and the Department of Law, both dated 2/04/00.