HB 381-CHILD ENDANGERMENT DRIVING OFFENSES CHAIR ROKEBERG announced that the first order of business would be HOUSE BILL NO. 381, "An Act relating to child endangerment." Number 024 REPRESENTATIVE McGUIRE turned to [Amendment 1], which read [original punctuation provided]: DELETE (Page 2, Lines 14-15) (3) knowingly transports a child in a motor vehicle in violation of AS 28.05.095(b) and the child suffers physical injury or dies. DELETE Sec. 4 (Page 2, Line 27 - Page 3, Line 1) Endangering the welfare of a child in the first degree under (a)(3) of this section is a (1) class C felony if the child dies; (2) class A misdemeanor if the child suffers serious physical injury; or (3) class B misdemeanor if the child suffers physical injury. Preceding sections are appropriately renumbered. Note: This amendment will have the effect of removing all reference to the "failure to restrain" offense and all resulting criminal penalties. REPRESENTATIVE McGUIRE explained that although the above language was left in HB 381 because a few members [of the House Judiciary Standing Committee] wanted it to remain, she has never really felt comfortable with it. She explained that [with the adoption of Amendment 1] the legislation will be limited to a situation in which a person transporting a child in a motor vehicle, aircraft, or watercraft while under the influence of an intoxicant. She informed the committee that of all the children injured or killed in an automobile accident in which the parent or the individual transporting the child was intoxicated, 71 percent of the children were not restrained in any way. The percentages increase as the amount of alcohol consumed increases. REPRESENTATIVE McGUIRE clarified that Amendment 1 would eliminate the provision that would increase the penalties for transporting a child without proper seating restraints when a child suffers serious physical injury or dies. The aforementioned recognizes that there isn't a clear understanding of what these child restraints are at this time. The Department of Transportation & Public Facilities has put forth a definition of different weight and age requirements for children, but those aren't well understood. Therefore, it's not fair, she opined, to increase the penalty and criminalize people for provisions of the law that they may not understand. Number 069 REPRESENTATIVE McGUIRE moved that the committee adopt Amendment 1 [text previously provided]. There being no objection, Amendment 1 was adopted. CHAIR ROKEBERG informed the committee that as a result of Amendment 1, the committee will be adopting a zero fiscal note. Number 077 REPRESENTATIVE KOTT moved to report CSHB 381(JUD), as amended, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSHB 381(RLS) was reported from the House Rules Standing Committee.