HB 85 - AGGRAVATING FACTORS IN SENTENCING Number 1035 CHAIR ROKEBERG announced that the penultimate 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." He noted that HB 85 had been assigned to a subcommittee during the bill's previous hearing. REPRESENTATIVE COGHILL, as the sponsor, pointed out that when this bill was first heard, he felt that [the committee] veered off the path a bit with regard to what the aggravator was intended to do. [House Bill 85] attempts to address those employed in a school, doing official duties, who are deliberately attacked. Since school employees are required [to pay careful attention to] public safety issues, he said he felt that an aggravator for crimes against that particular segment [of the population] would be good for a judge to have when sentencing. He noted that the issues raised at the bill's previous hearing were related to the "school employee" and "exercise of official duties" language. He informed the committee that a "school employee" is someone who is employed by the school. However, he noted, "It is true that it could be directly traceable to those directly employed in that institution." Therefore, he felt that this would apply to those working under contractual agreements. He related his belief that that's appropriate, and therefore he didn't want that language taken out, since employees are charged with specific duties that aren't necessarily given to volunteers. He concluded by requesting that the committee pass the bill on. CHAIR ROKEBERG asked if anyone wished to testify on HB 85. There being no one, the public testimony on HB 85 was closed. Number 0212 REPRESENTATIVE COGHILL moved to report HB 85 out of committee with individual recommendations and the accompanying zero fiscal notes. CHAIR ROKEBERG, in response to Representative Ogan, clarified that the motion is referring to the original version of the bill. REPRESENTATIVE OGAN objected. The committee took an at-ease from 1:30 p.m. to 1:31 p.m. REPRESENTATIVE OGAN opined that he wanted to make everybody that's on school grounds safer, whether they are school district employees, students, or members of the general public; he wanted to send a message that schools, as a whole, are a bad place to commit any kind of violent crime. He emphasized his belief that violence against anyone on [school grounds] should be subject to an aggravator. He pointed out that this is the same objection he voiced [at the prior hearing on HB 85]. REPRESENTATIVE COGHILL said that he didn't entirely disagree with Representative Ogan. However, he noted, the problem is that "we've" already decided to hold people employed by the school to a higher standard of accountability, and HB 85 will offer them a higher degree of protection should they get assaulted while performing their official duty. And although he agrees that the scope of [school safety] needs to be broader than what HB 85 provides for, he said that he felt that other laws are addressing that issue. He reiterated his remarks that school employees are already held to a higher [standard of accountability] and thus crimes against them should be subject to an aggravator. CHAIR ROKEBERG agreed with Representative Coghill that [HB 85] is establishing a class of people - school employees, as opposed to the general public - that will have [access] to the aggravator. Chair Rokeberg said that he felt this distinction is justifiable, reminding members that crimes committed against persons not employed by the school would still be prosecuted under the law. He related his belief that without a sideboard, there would be no end to [the umbrella] this would create. Furthermore, going beyond [a specific class] seems to confuse the issue. He announced that he would support the adoption of HB 85. REPRESENTATIVE OGAN maintained his objection, citing the need to send a message that anyone who commits a felony against someone on school grounds during school business hours would be subject to the aggravator. CHAIR ROKEBERG announced that HB 85 would be held over.