SJUD - 2/27/95 SB 14 INCREASED PENALTIES FOR JOYRIDING  The committee took up the next order of business, SB 14. SENATOR ADAMS asked for clarification regarding which version was under discussion. SENATOR MILLER moved the adoption of Version G, dated 2/9/95, as the working version. There being no objection, the motion passed. Number 473 MARGOT KNUTH gave the following review of Version G of SB 14 for committee members. Version G approaches the problem of joyriding in Alaska in an incremental way. Joyriding offenses have doubled over the past two years, creating a significant problem. The original version of SB 14 changed the first joyriding offense to a felony, however after the Departments of Law, Public Safety and Health and Social Services expressed concern that the desired results might not be achieved, different approaches have been reviewed. Over one-half of the offenders are juveniles, therefore the Department of Law (DOL) proposed those offenders be treated as adults, as they are under current law if they are driving while intoxicated. MS. KNUTH gave a sectional analysis of the bill. In Section 1, a first joyriding offense would be treated as a misdemeanor, however a second offense would be considered a felony if the offender has turned 18. The first misdemeanor offense would be counted against the offender if he/she recommits. In Section 3, passengers riding in a joyridden vehicle would be charged with a Class B misdemeanor. Section 4 requires the court to order restitution for the victim when the offense is committed by a juvenile offender. Section 5(f) specifies that those offenders who are not in a felony class can perform community work service in lieu of all but 24 hours of a sentence of imprisonment. Section 6 imposes a mandatory 3 day minimum jail sentence for the offense of joyriding, even as a misdemeanor. Section 6 was added by the Division of Legal Services to keep the sanctions for joyriding by juveniles consistent with those for adults convicted of joyriding. MS. KNUTH noted the DHSS and DOL are concerned about carrying over the mandatory minimum 3 day jail sentence for juveniles since a court could order a jail sentence for up to one year for a Class A Misdemeanor. She asked that Sections 5 and 6 be removed so that juvenile offenders would go to juvenile detention facilities if they were sentenced to jail time. Number 536 SENATOR TAYLOR moved to amend CSSB 14 (JUD) to delete Section 5 and Section 6. There being no objection, the motion passed. MS. KNUTH continued. Sections 7 and 8 allow the court to suspend a person's driving privileges for the offense of joyriding. SENATOR ADAMS questioned Senator Leman's amendment to delete that provision (lines 15 - 18, page 4). MS. KNUTH noted those lines contain no time frame, which may have been a technical error. She explained, by adopting Senator Leman's amendment, a first joyriding offense would bring a license revocation of 30 days, a second offense would bring a 1 year revocation. Number 572 SENATOR TAYLOR moved the adoption of Senator Leman's amendment to delete on page 4, lines 15-18: "Upon a subsequent conviction of a person for an offense described in (a)(1) of this section, the court shall revoke the person's license, privilege to drive, or privilege to obtain a license and may not grant the person limited license privileges." SENATOR ADAMS requested that after changes are made, the bill be held over to the next meeting to provide members adequate time to review it. There was no opposition to that request. SENATOR TAYLOR noted there being no objection to the adoption of the amendment, the motion passed. MS. KNUTH continued with the sectional analysis. She stated Section 9 allows juveniles to be prosecuted in District Court, as an adult, and if the offense is joyriding or passenger joyriding, the offender will appear in District Court. SENATOR TAYLOR announced CSSB 14 (JUD) would be held over until Wednesday, March 1.