HOUSE BILL NO. 219 "An Act relating to crimes and dangerous instruments." 3:04:19 PM Representative Hawker, sponsor, explained that the idea for the bill was brought to him by an expert forensics nurse, Ms. Tara Henry. The crime of strangulation is currently prosecuted as a misdemeanor. The bill would change that to make strangulation a felony, a serious life-threatening assault. The Department of Law, the Public Safety Employee Association, police departments, the Alaska State Troopers, the domestic violence prevention community, and the forensics community support this bill. HB 219 has zero fiscal impact notes, except for the Public Defender Agency indeterminate note. Vice-Chair Stoltze asked if the bill could adversely affect a Good Samaritan or someone performing CPR. Representative Hawker added that another possible concern is about a strangling occurred in self-defense. He opined that the bill does not compromise any other area within criminal law. He shared a story about law enforcement training, which is no longer allowed to use chokeholds. Representative Kelly asked about this law as it applies in other states. Representative Hawker noted that is a popular issue in other states. 3:10:49 PM TARA HENRY, SEXUAL ABUSE NURSE EXAMINER (SANE), ANCHORAGE, (via teleconference) related that she is forensic nurse who provides expert testimony on assaults, including strangulation. Strangulation is commonly used in domestic violence assaults. She explained the physics of strangulation and the lack of visible symptoms. She urged the passage of HB 219 so that these cases can be prosecuted as felonies. She listed other states that have, or are in the process of having, strangulation bills. 3:15:21 PM Representative Croft inquired if the problem is difficulty in proving the crime. Ms. Henry explained that one problem is that a medical expert is needed to testify in these cases. Also, a jury is often unable to see physical evidence in this crime. TAMARA DELUCIA, OFFICE OF VICTIMS' RIGHTS, ANCHORAGE, (via teleconference) related that strangulation is under prosecuted. She elaborated upon the physical symptoms of strangulation, some which lead to brain death. The bill would not require the prosecutor to show physical injury in order to charge the felony conduct. She shared that Alaska ranks number one in the nation for domestic violence death, many of which are a result of strangulation. She strongly urged support of HB 219. 3:20:31 PM Representative Hawker spoke to the fiscal notes. He disagreed with the Public Defender Agency's indeterminate fiscal note, saying that it should be a zero note. Co-Chair Chenault opined that there would be increased court costs if strangulation is changed from a misdemeanor to a felony. He added that he would not oppose the zero note. Representative Weyhrauch agreed with Co-Chair Chenault and asked what happens when it does cost more. Representative Hawker explained the difference between an indeterminate note and a zero note. Co-Chair Meyer said that indeterminate notes are counted as zero notes for budgeting purposes. Representative Weyhrauch asked about the dates on the notes. Co-Chair Meyer explained that the proposed fiscal note would be a zero note. 3:27:41 PM Representative Holm wondered if there is an increase in trial court costs due to felony trials. Representative Hawker spoke in favor of the zero note. Representative Kelly wondered if the change from a misdemeanor to a felony would be easier, yet riskier, to prosecute. 3:30:08 PM LINDA WILSON, DEPUTY DIRECTOR, PUBLIC DEFENDER AGENCY, DEPARTMENT OF ADMINISTRATION, (via teleconference) responded that the indeterminate fiscal note is appropriate. Felonies are much more costly to prosecute, even though some domestic violence charges may be handled by the city. She predicted that there would be more felony prosecutions and a fiscal impact. Representative Hawker said that the crime of strangulation is already a felony and this bill would not change that, but activities may be realigned within the legal process. He indicated that it works out to be a zero sum gain within the individual organizations. 3:33:58 PM Co-Chair Meyer asked how many more case are anticipated. Ms. Wilson replied she could not guess that number. Co-Chair Meyer accepted the new zero fiscal note. 3:35:54 PM Representative Hawker MOVED to ADOPT Conceptual Amendment 1: Page 1, line 1: Delete "crimes and dangerous instruments" Insert "the definition of 'dangerous instrument' as  applied within the criminal code" Co-Chair Meyer OBJECTED for discussion purposes. Representative Hawker explained that the amendment would tighten up the title to include hands as a dangerous instrument. Co-Chair Meyer WITHDREW his OBJECTION. There being NO OBJECTION, Amendment 1 was adopted. 3:37:24 PM Representative Croft indicated that he expected to find strangulation described under the definition of serious physical injury. He wondered why it fell under the dangerous instruments category. Representative Hawker explained that was the original approach to the bill, but legislative legal and the Department of Law agreed it would be too wide of a definition. The House Judiciary Committee determined that it is a tight, but not overriding bill. The current language is a precise, targeted, and effective way of accomplishing the intention of the bill. Representative Croft asked for the Public Defender's opinion whether it is cleaner in the dangerous instrument definition or in the serious physical definition. Ms. Wilson responded that Representative Croft might be confusing deadly weapons with dangerous instruments. She opined that it makes more sense to include it with dangerous instruments. 3:41:30 PM Vice-Chair Stoltze MOVED to report CSHB 219 (FIN) out of Committee with individual recommendations and the accompanying fiscal impact notes. There being NO OBJECTION, it was so ordered. CSHB 219 (FIN) was REPORTED out of Committee with a "do pass" recommendation and with three zero fiscal impact notes: #1 CRT, #2 LAW, #3 DPS, and a new ADM zero fiscal note. 3:43:03 PM