HOUSE BILL NO. 339 "An Act relating to arson in the third degree." 8:59:52 AM REPRESENTATIVE GABRIELLE LEDOUX, SPONSOR, thanked the committee for hearing her bill. The bill aimed to increase public safety by expanding the circumstances where the act of arson may be classified as arson. She explained that current law provided that damaging a vehicle by fire or explosion may only be charged as arson in the third degree if the crime was committed on state or municipal land. An identical action on private land would be criminal mischief in the third degree. She explained that both crimes were Class C felonies. She elaborated that the narrowness of the arson statute hindered fire and arson investigators' ability to track repeat offenders. She continued that serial arsonists were often prime suspects when a new arson crime was committed, but were difficult to track when they had only been previously convicted of criminal mischief. The bill would aid investigators in solving the crimes by creating a clear criminal history. She urged the committee to support the bill. Representative LeDoux relayed that the bill was supported by the Alaska Fire Chief's Association. Additionally, the bill had been one of late Representative Max Gruenberg's priorities. She explained that after Representative Gruenberg had passed away, the House Judiciary Committee decided to sponsor the legislation. Co-Chair Thompson discussed individuals available to testify. 9:02:54 AM Co-Chair Thompson asked to hear from the Department of Law (DOL). He wondered if there were any problems with the bill. KACI SCHROEDER, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, replied that DOL saw no legal issues with the legislation as currently drafted. Co-Chair Neuman believed during his time as a House Representative, Senator Bill Stoltze had worked on legislation specifying that a crime would be classified as arson if it was committed on public lands. He asked if there had ever been an arrest of someone burning a vehicle (even on public land). Ms. Schroeder noted that it was a statute the department was familiar with, but she did not know if there had been any arrests for the crime. Representative Wilson stated that the issue had been brought forward by firefighters in her district. She clarified that there was currently a different charge on public lands versus private lands. Ms. Schroeder answered in the affirmative; if the bill did not go through the department would continue to charge the crime on private lands as criminal mischief in the third degree (a Class C felony). Representative Wilson asked for verification that the bill created even ground and allowed fire fighters and public safety to track offenders who committed the crime on both public and private property. Ms. Schroeder replied in the affirmative. The department would have the ability to charge the crime as arson. The crime would be tracked as arson, which was an immediate notification to the public and law enforcement that burning was involved. Co-Chair Neuman asked if there was current law to force a person who committed the crime to pay for removing the vehicle. Ms. Schroeder answered that the direction would be included in part of the damages and restitution the department often sought in resolving the cases. Co-Chair Thompson noted that Vice-Chair Saddler had joined the meeting. Co-Chair Thompson OPENED and CLOSED public testimony. Co-Chair Neuman addressed the two zero fiscal notes for the Department of Law and Department of Administration for FY 17 to FY 22. He noted that the departments did not currently anticipate a fiscal impact from the legislation. Co-Chair Neuman MOVED to REPORT HB 339 out of committee with individual recommendations and the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. HB 339 was REPORTED out of committee with a "do pass" recommendation and with two previously published zero fiscal notes: FN1 (ADM) and FN2 (LAW). 9:07:45 AM AT EASE 9:09:16 AM RECONVENED