SENATE CS FOR CS FOR HOUSE BILL NO. 88(JUD) "An Act relating to certain weapons offenses involving minors; relating to the definition of 'recreation or youth center' for purposes of misconduct involving a controlled substance; to aggravating factors in sentencing for certain offenses committed on school grounds, on a school bus, at a school- sponsored event, or in administrative offices of a school district; to mitigating factors in sentencing for a defendant's assistance to authorities to detect, apprehend, or prosecute other persons who committed an offense; and providing for an effective date." This was the first hearing for this bill in the Senate Finance Committee. 5:35:50 PM ANNE CARPENETI, Assistant Attorney General, Criminal Division, Legal Services Section-Juneau, Department of Law, stated that this legislation, which is sponsored by Governor Frank Murkowski, was "drafted to address the problems with violence" that is being experienced in schools throughout the State. She noted that the Municipality of Anchorage School Superintendent assisted in the development of the bill. Ms. Carpeneti stated that this bill would enact an aggravating factor for assaults or crimes against a person or arson that occur on school grounds, a school bus, a school function, or in a school district's administrative office "if students are educated at the office". Crimes committed at schools not only affect the victim but also "make schools an unsafe place for children … and set a bad example for children". Ms. Carpeneti continued that the bill would also address law enforcement concerns about "weapons used in crimes by youth" by allowing 16 or 17-year old juveniles who possess a gun while committing a felony drug offense or a drive-by shooting in which persons are harmed, to be waived to Adult Court. Ms. Carpeneti shared that under current State drug laws, "in certain cases, drug crimes are more serious" when they occur near a school or recreational or youth center. This bill would expand the definition of recreational youth centers, as specified in Section 1, page one, line nine through page two, line two, "to include not only those run by a municipality or the State, but also those operated by private entities". Ms. Carpeneti noted that Sec. 3 would amend the mitigating factors in sentencing to specify that in order for a mitigating factor to be considered, the defendant's cooperation with authorities must occur after, rather than prior to, their being charged with the offense. She recounted that at one time, information provided ten years prior to the crime to which the person was charged, had been recognized as a mitigating factor. 5:39:40 PM Co-Chair Green ascertained that this bill would "amend current Statute" rather than "creating new language". Senator Dyson asked for examples of citations that would relate to Sec. 4(a)(4) on page three, lines ten through 14. (4) that is misconduct involving weapons in the first degree under (A) AS 11.61.190(a)(1); or (B) AS 11.61.190(a)(2) when the firearm was discharged under circumstances manifesting substantial and unjustifiable risk of physical injury to a person. Ms. Carpeneti explained that AS 11.61.190(a)(1) relates to "misconduct involving weapons in the first degree". That language would prohibit a person from possessing a gun while committing a drug felony. "AS 11.61.190(a)(2) is the prohibition of shooting a gun out of a vehicle." Senator Dyson acknowledged. Senator Olson asked whether AS 11.61.190(a)(2) would affect a hunter. Ms. Carpeneti clarified that, AS 11.61.190(a)(2) would prohibit "shooting a gun out of a vehicle under circumstances that could cause harm to persons or property". In consideration of the hunting concern, the bill was amended to specify that a 16 or 17-year-old juvenile would be automatically waived to Adult Court only in cases in which "the shooting caused substantial risk of harm to a person". Co-Chair Wilken moved to report the bill from Committee with individual recommendations and accompanying fiscal notes. There being no objection, SCS CS HB 88(JUD) was REPORTED from Committee with indeterminate fiscal note #3, dated March 21, 20005 from the Department of Health and Social Services and indeterminate fiscal note #4, dated March 21, 2005 from the Department of Law. 5:42:49 PM