CS FOR HOUSE BILL NO. 307(FIN) "An Act relating to penalizing certain misdemeanor domestic violence assaults as felonies." 4:34:54 PM REPRESENTATIVE LINDSEY HOLMES, the bill sponsor, presented an overview the bill. She stressed the intent behind the bill was to target the critical problem of domestic violence in Alaska. He noted that in 2005 there were six thousand reported cases of domestic violence in this state. Ms. Holmes referred to the Sponsor Statement: Alaska's domestic violence rates are one of the highest in the country. Alaska currently has the highest per capita rate of female homicide death by a make perpetrator. This violence becomes a vicious cycle - according to the National Coalition against Domestic Violence, boys who witness domestic violence are twice as likely to abuse when they become adults. This cycle of violence needs to stop. House Bill 307 seeks increased penalties for repeat domestic violence offenders. The bill provides that a domestic violence misdemeanor assault is treated as a felony if the offender has two prior convictions for domestic violence felonies or for domestic violence misdemeanor assault. The bill is narrowly tailored. It applies prospectively only, so all three offenses would need to occur after the effective date of the bill. It contains a 10 year look back, so all three offenses would need to occur within 10 years of each other. As of 2005, at least 18 other states had enacted enhanced penalties for repeat domestic violence offenders. With this bill, Alaska will join these other states in sending a strong message that serial battering will not be tolerated. Alaskans need to feel safe in their homes and in their relationships. Domestic violence harms everyone in a community, not just the victims. Increasing penalties to repeat offenses is just one part of the solution to this complex problem. Representative Holmes declared that many domestic violence perpetrators have a dozen or more misdemeanor assaults on their record. She stressed that this bill is not similar to the California "three strikes" where after three strikes the person is locked up for life. She noted that the bill has changed through the Committee process and now provides the best opportunity of actually convicting repeat domestic violence offenders. She referred to letters of support on file. 4:38:28 PM Senator Olson inquired about the changes made by the various committees. Representative Holmes responded that the bill was originally retrospective but now is a prospective bill. Originally there was not a ten year "look back." She revealed the most drastic change is originally it would have required the prosecutors to actually prove the element of domestic violence. 4:40:07 PM Senator Huggins asked what prison time the felony conviction carried. Representative Holmes replied a felony conviction for a first time felon ranges from zero to two years; for those with prior felonies it would be two to five years. 4:40:30 PM Co-Chair Stedman reported that the public defenders in the Office of Public Advocacy are requesting a new employee position. He inquired if the Department of Law would be absorbing an extra work load. Representative Holmes responded that the Department of Law should address that question. Co-Chair Stedman referred to the fiscal notes attached to the bill. 4:42:22 PM CHRIS ASHENBRENNER, EXECUTIVE DIRECTOR, COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT spoke in support of the bill and referred to the letters of support available on file. She believed that repeat assailants should be held accountable by moving their repeat crimes from misdemeanors to felonies. 4:44:17 PM Senator Olson inquired if there was any documentation that the implementation this bill would cut down on the number of repeat offenders. Ms. Ashenbrenner responded that many states carry this progressive penalty but she was not aware of any studies to measure the effect. 4:45:03 PM Senator Huggins MOVED to REPORT SCS CSHB 307 (JUD) out of Committee with individual recommendations and attached fiscal notes. Senator Elton OBJECTED for discussion. Senator Elton warned the Department of Corrections that in the future he many not support legislation that does not reflect the true cost component in the fiscal note. He believed that prisons often were just warehousing prisoners who were then released to commit the same crimes again. 4:47:56 PM Senator Elton WITHDREW his OBJECTION. There being NO further OBJECTION, it was so ordered. SCS CSHB 307 (JUD) REPORTED out of Committee with a "do pass" recommendation and accompanying new fiscal notes from the Department of Law, the Department of Administration, the Senate Finance Committee, the Alaska Court System and a previously published zero fiscal note from the Department of Public Safety. 4:48:42 PM