HB 15-SENTENCING: VEHICLE THEFT    5:09:42 PM CO-CHAIR FIELDS announced that the final order of business would be HOUSE BILL NO. 15, "An Act relating to sentencing for vehicle theft in the first degree." 5:10:13 PM The committee took a brief at-ease at 5:10 p.m. CO-CHAIR FIELDS passed the gavel to Co-Chair Kreiss-Tomkins. 5:10:28 PM CO-CHAIR FIELDS, as prime sponsor of HB 15, stated that in the past six months, he has heard from many police officers that the lack of incarceration of car thieves is well known among recidivist car thieves; the lack of meaningful penalties, especially for first time felony offenses, is a factor in the dramatic growth of vehicle thefts in Anchorage. He maintained that he drafted HB 15 in response to hearing from police officers and constituents on this issue. CO-CHAIR FIELDS relayed that the proposed legislation would establish a mandatory minimum sentence of at least 120 days for felony vehicle theft. He stated that he recognized that there are complexities related to mandatory minimum sentences; he does not support them in most cases; however, he expressed his belief that it makes sense in this circumstance. CO-CHAIR FIELDS offered that HB 15 has received support from the Anchorage Police Department Employees Association (APDEA), the National Insurance Crime Bureau (NICB), and the Alaska Peace Officers Association (APOA). 5:12:23 PM REPRESENTATIVE WOOL asked what the current sentence is for first offense vehicle theft and what is proposed under HB 15. REPRESENTATIVE FIELDS answered that zero to two years is the current sentence. He expressed his belief that in practice, the sentence is often zero years for many crimes; for those who do go to jail for a first-time felony, there are aggravating factors; and for second- and third-time offenses, there are mandatory minimums of one and two years, respectively. The proposed legislation would make the mandatory minimum for a first-time felony offense 120 days; second and third offenses would still have the existing mandatory minimums of one and two years, respectively. REPRESENTATIVE FIELDS clarified for Representative Wool that HB 15 addresses felony first-time offenses. He stated that based on Legislative Legal Services counsel, there are misdemeanor first-time vehicle theft offenses; however, these offenses are in a slightly different category and are atypical, such as failing to return a rental car for a period. REPRESENTATIVE WOOL asked whether "joy-riding" is considered vehicle theft. REPRESENTATIVE FIELDS suggested that given there are both misdemeanor and felony convictions for vehicle theft, there would remain an element of prosecutorial digression. He maintained that it is possible that a joy-rider might be charged with felony vehicle theft. Recidivist criminals stealing cars left idling by the owners to warm them up is a real concern in the neighborhoods that he represents. REPRESENTATIVE WOOL pointed out that there is an option for sentencing someone for a first offense vehicle theft for two years. REPRESENTATIVE FIELDS acknowledged that there is a jail option for a first offense; however, a person could steal three cars and be released each time before being convicted for the first crime. He maintained that the absence of meaningful penalties for the first crime enables the thief to steal cars on multiple other occasions. He asserted that police have described this scenario anecdotally. [HB 15 was held over.]