SENATE BILL NO. 46 An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court. Co-chairman Halford directed that SB 46 be brought on for discussion. SENATOR TAYLOR, sponsor, came before committee and referenced a draft committee substitute. Senator Phillips MOVED for adoption of draft CSSB 46 (9-LS0155\K, Chenoweth, 3/22/95) for discussion purposes. No objection having been raised, CSSB 46 was ADOPTED. The sponsor explained that the proposed bill was introduced at the urging of parents concerned by the lack of consequences within the juvenile justice system when a minor is arrested for an alcohol-related offense. In many instances, the minor is not arrested. The new draft incorporates many changes adopted by Senate Judiciary as well as provisions allowing a law enforcement officer to arrest a minor on minor consuming charges without a warrant. The latter is necessary because of a court ruling that says an officer must witness the actual consumption to make such an arrest. Sec. 1 makes "minor consuming" an infraction rather than a misdemeanor of felony. Upon conviction in district court, it imposes a fine of not less than $100 and a maximum of $300. Sec. 2 includes a technical change that adds minor consuming alcohol to the list of offenses that constitute violations under Title 4. Sec. 3 adds minor consuming alcohol to the list of offenses for which an officer can arrest without a warrant. The only change to existing law appears on line 27. Sec. 4 moves the jurisdiction for minor consuming and tobacco violations to the district court. Sec. 5 adds liquor-related offenses committed by minors to the list of offenses for which minors are already treated as adults in district court. This section requires that a parent or guardian appear at all proceedings. The only change here is addition of alcohol-related offenses. The drafter took the opportunity to rearrange this section and make it more clear in statutes. The intent behind moving alcohol-related offenses to district court is to remove these cases from the over- burdened juvenile justice system. Provisions will allow a district court judge to intervene in cases where alcohol abuse is a serious problem and not just a youthful experiment. Under the current system, minors often must commit a serious crime in conjunction with drinking before they are diverted to treatment and counseling. Changing minor consuming from a misdemeanor to an infraction removes the onus of a criminal record and provides an opportunity for early intervention. Fiscal impact on the court system should be offset by reductions at the division of family and youth services within the Dept. of Health and Social Services. In response to a question from Senator Donley, JOE AMBROSE, aide to Senator Taylor, explained that minor consuming is the only misdemeanor that becomes an infraction under the proposed bill. Other elements involving minors and alcohol remain misdemeanors. Senator Zharoff inquired concerning the definition of "a minor." Senator Taylor noted a variety of definitions depending upon the activity to be undertaken. In this instance, "a minor" is a person under twenty-one in terms of alcohol consumption, and nineteen for tobacco. In response to a question from Senator Zharoff, Senator Taylor advised that a class A misdemeanor involves up to one year in jail and up to a $5,000 fine. Senator Zharoff asked how the pending legislation would impact the previously passed CSHB 21 (Fin). Joe Ambrose explained that the minor consuming offense addressed in the House bill would move from its current status as a misdemeanor to an infraction. It would not show up on a criminal record. It would continue to allow for early intervention in cases where that is warranted. In response to a question from Co-chairman Frank, Senator Taylor reiterated the purpose of the proposed bill. He explained that in order to pick up intoxicated minors, hold them until their parents come and get them, and subsequently compel parents and the juvenile to appear before a district court judge, it was necessary to change the classification of offenses for which the minor would be considered an adult. As sponsor of the legislation, Senator Taylor said he did not want to impact either the juvenile or the system with a high fine or high criminal offense. He explained that, instead of a misdemeanor, he elected to "go with a violation so that there would be a monetary penalty that would be exacted by the court." The intent is to immediately address the problem and involve the parents. At the present time, nothing happens to these young people or they merely "get written up." After being written up for minor consuming several times, the matter is turned over to a probation officer or the Dept. of Health and Social Services. Most often, until the juvenile does "something major," he or she is not brought to court. Co-chairman Frank referenced past "drunk in public" laws and asked why they ceased to be applied. Senator Taylor explained that society determined that alcohol is not always a matter of choice but is, in some instances, a disease. It did not seem appropriate to incarcerate individuals because of an illness. Discussion of application of laws relating to minors consuming in various districts of the state followed between Senator Taylor and Co-chairman Frank. Senator Taylor explained that the rewrite of drunk in public law under Title 47 anticipated a network of dry-out centers. Officers would pick up intoxicated individuals based on the civil justification that they were a danger to themselves or others because of their condition. The individual would be taken to a dry-out center, allowed to sober up, and then go home. Senator Taylor voiced his belief that there is adequate jurisdiction for law enforcement officers to do the same with an intoxicated minor. Questions often arise regarding whether or not they are truly so intoxicated that they are a danger to themselves or others. Other districts handle the problem differently than the first judicial district because the superior court ruling that impacted the Ketchikan case was not appealed to the supreme court. The ruling has thus not been applied statewide. Rather than await a supreme court ruling, the proposed bill was introduced. Senator Sharp noted title references to alcohol and tobacco and also noted statutory citations relating to fish and game regulations and park and recreational facilities. Senator Taylor explained that each area reflects existing law. They were included within the proposed bill when the whole section was rewritten by the drafter. In further discussion, the sponsor advised that questioned areas are not subject to the minimum fine. It only applies to minor consuming provisions. In response to a question from Senator Donley, Mr. Ambrose advised that under existing statutes for offenses where juveniles are automatically tried as adults (traffic and fish and game violations) provisions require an appearance by a parent, guardian, or legal custodian. The proposed bill would bring alcohol offenses within that requirement. Discussion followed between Senator Zharoff and Senator Taylor regarding parental responsibility for actions of minors. The sponsor said that the proposed bill seeks to interfere in the parent and child relationship at an early stage and provide court system support to the parent. Referencing fiscal notes accompanying the bill, Co-chairman Halford asked if warrentless arrest provisions would have fiscal impact. Mr. Ambrose responded negatively, adding that similar provisions were passed by the Senate, last year, with zero notes. In the discussion of fiscal notes, Co-chairman Frank inquired concerning the threshold whereafter an individual is entitled to the services of the public defender. Senator Taylor responded, "When it's a misdemeanor." The agency does not have jurisdiction to handle cases covered by the proposed bill. Senator Phillips MOVED for passage of CSSB 46 (Fin). No objection having been raised, CSSB 46 (Fin) was REPORTED OUT of committee with a $66.9 fiscal note from the Court System and zero notes from the Dept. of Law and Dept. of Administration (Public Defender Agency). ADJOURNMENT The meeting was adjourned at approximately 10:40 a.m.