HB 212: SENTENCING: AGGRAVATING FACTORS Number 257 MARTHA STEWART, LEGISLATIVE AIDE to SENATOR AL ADAMS, testified on behalf of Representative Maclean, the prime sponsor of HB 212. She said that the bill was intended to provide the most serious sentences for the sexual assault of a minor by a person who lived with or was in a position of authority over the minor, as children were less able to defend themselves against assaults from such people. The bill accomplished that by adding such factors to the list of possible aggravating factors in sentencing, she said. MS. STEWART said HB 212 would also add such crimes to the list of crimes which could not be referred to the three- judge panel. Number 295 REPRESENTATIVE JIM NORDLUND noted that the three-judge panel was supposed to make sentencing decisions based on a convict's chances for rehabilitation. He asked what difference it would make to such a panel whether a person convicted of sexual assault of a minor knew the child or not. Number 317 MS. STEWART could not give a good argument. She commented that the intent of the section was to prevent the three- judge panel from having latitude in differing from presumptive sentencing requirements. REPRESENTATIVE NORDLUND wondered how frequently it happened that a three-judge panel would reduce a sentence. MS. STEWART commented that Ms. Horetski had recommended that some changes be made on page 3 of the bill. She stated that the sponsor would concur with the proposed changes. Number 345 MS. KNUTH said that she first thought that the bill was not necessary, because the legislature in 1990 created new offenses of sexual abuse of a minor in the first, second and third degrees, which related to the perpetrator's being in a position of authority over the minor. Upon further analysis, however, she concluded that the aggravating factor proposed in HB 212 would have some use. Number 365 MS. KNUTH said that sexual abuse of a minor in the first degree could be committed in several different ways, including sexual penetration of a victim under the age of 13 and sexual penetration of a victim under the age of 15 and over which the defendant had a position of authority. She said that HB 212 would create an aggravating factor which could apply if a defendant was accused of first-degree sexual penetration of a minor, but then had the charge reduced by one degree to spare the victim the trauma of a trial. Number 395 MS. KNUTH said further that her analysis showed that it was impossible to have as an aggravating factor an element of the crime which was already inherent in that crime. She said that it was appropriate to remove the misdemeanor from the bill. She said that removing language on lines 17-18, page 3, concerning an offender's sharing living space with the victim "will keep some clarity in the law." She said that whether such crimes should be referred to the three- judge panel was up to the legislature to decide. She said that some three-judge panels were very active, and others were not. Number 451 CHAIRMAN PORTER invited further testimony on HB 212, but hearing none, said he would entertain a motion. REPRESENTATIVE PHILLIPS MOVED AMENDMENT NO. 1 to HB 212. CHAIRMAN PORTER asked for objections and, hearing none, declared that the committee had ADOPTED the AMENDMENT. He said that the committee had CSHB 212 (JUD) before it. Number 459 REPRESENTATIVE KOTT MOVED PASSAGE of CSHB 212 (JUD) with individual recommendations and a zero fiscal note. CHAIRMAN PORTER asked for objections and, hearing none, declared CSHB 212 (JUD) PASSED with individual recommendations and a zero fiscal note. He then brought HB 214 to the table.