HB 85-AGGRAVATING FACTORS IN SENTENCING CHAIR DYSON announced that the next order of business would be HOUSE BILL NO. 85, "An Act relating to conduct directed at a school employee as an aggravating factor for criminal sentencing purposes." Number 0880 REPRESENTATIVE COGHILL stated, as sponsor of HB 85, that this would amend the state statutes by allowing a judge to increase penalties for assaults on school employees. He said this was brought to him by NEA (National Education Association). REPRESENTATIVE WILSON asked where else in statute it says a judge [can increase penalties for assaults]. REPRESENTATIVE COGHILL responded that this falls under the aggravator section, and is 1 of 30 items that are described as aggravating factors. Number 0985 VERNON MARSHALL, Executive Director, National Education Association-Alaska (NEA-Alaska), came forth and stated that NEA- Alaska appreciates that the legislature is taking steps to make schools safe. He said [NEA-Alaska] thinks this is a step toward establishing a standard, recognizing that it is a serious issue when anyone assaults a school employee while that employee is performing his or her duties. He added that the bill gives the court an opportunity to consider the aggravator when adjusting the sentence. REPRESENTATIVE COGHILL read to the committee [AS] 12.55.155(b): (b) Sentence increments and decrements under this section shall be based on the totality of the aggravating and mitigating factors set out in (c) and (d) of this section. He then read subsection (30 of HB 85: (30) the defendant knowingly directed the conduct constituting the offense at a school employee during or because of the exercise of official duties.   REPRESENTATIVE COGHILL explained that the primary task is to allow this to be an aggravator if there is an egregious attack. Number 1198   REPRESENTATIVE CISSNA stated: As a state, in the benchmark of social health indicators, we don't fare too well in some categories. And we're third ... in incarceration. ... Although I'm totally in favor of raising the status of teachers as a group that really desperately [needs] to be respected as those [who] are guiding the course of our children's future, at the very same time I hope that in all of these things ... we don't limit the possibilities for alternative sentencing, for alternative ways of grappling with changing our status of being third in incarceration. CAROL COMEAU, Superintendent, Anchorage School District (ASD), stated that [ASD] is very supportive of this because it is allowing for the discretion of a judge. Number 1296 REPRESENTATIVE JOULE moved to report HB 85 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 85 moved from the House Health, Education and Social Services Standing Committee.