SJUD - 3/1/95 SB 14 INCREASED PENALTIES FOR JOYRIDING  SENATOR MILLER moved the adoption of Work Version O, dated 2/28/95, as the new work version. SENATOR ADAMS objected until the committee heard a review by the Department of Law. MARGOT KNUTH stated Version O approaches the issue from a new angle, but provides more flexibility to the state and has the same finish line. It changes the sentencing provision under AS 11.46.484(c) by making a second joyriding offense a felony if the offender is 18 years of age or older (line 5). Two other conditions already exist in which a joyriding offense can be classified as a felony: when more than $500 worth of damage to the vehicle occurs; and when the vehicle is a police, or other emergency, vehicle. Those two provisions have not been impacted by SB 14 and allow the prosecutor's office the flexibility to put a minor through delinquency proceedings for a felony. When those circumstances apply, this may be appropriate if the offender's past history warrants detention or monitoring. MS. KNUTH explained that in most cases, the principle concern is to deter the person from re-offending and to get restitution for the vehicle owner. She felt this can be best accomplished in district court, which has the power of supervision over probation. Version O maintains those offenses as misdemeanors for juveniles in district court. MS. KNUTH explained Section 2 addresses a technical oversight regarding emergency vehicles. Section 3 allows the revocation of driving privileges for joyriding offenses. Section 4 specifies the length of time for license revocations. Section 5 requires juveniles to appear in district court for joyriding offenses. Number 382 SENATOR ADAMS asked if juveniles appearing in district court would be charged with misdemeanors for the first two offenses, and with a felony on the third offense. MS. KNUTH stated that is correct. SENATOR ADAMS asked if an adult would be charged with a misdemeanor for the first offense, and with a felony for the second offense. MS. KNUTH clarified that juveniles arrested for joyriding offenses will always be charged with a misdemeanor; the offense could only be charged as a felony after the offender turns 18, unless more than $500 worth of damage is caused, or an emergency vehicle is used (in which case felony charges would be pursued through juvenile delinquency proceedings which do not result in adult convictions). SENATOR ADAMS questioned whether a first time adult offender is charged with a misdemeanor, and a second time adult offender is charged with a felony. MS. KNUTH replied affirmatively. SENATOR ADAMS asked if Version O changes the fiscal notes submitted for the original version of SB 14. MS. KNUTH was uncertain whether fiscal notes were submitted for the original version. She noted that approach raised the joyriding offense to a felony which would have had significant fiscal impacts on the Departments of Law and Corrections. Version O will have a much smaller fiscal impact. Number 403 SENATOR ADAMS commented many versions of SB 14 have been considered but the fiscal impacts of those changes have not been addressed. SENATOR TAYLOR commented that he understood Version O to raise the second juvenile joyriding offense to a felony. MS. KNUTH stated the second offense would only be raised to a felony if the offender had turned 18. JUANITA HENSLEY, Division of Motor Vehicles, Department of Public Safety, testified. She explained the original version of SB 14 would have no impact on the Division of Motor Vehicles. Version O will impact the Division since court ordered license revocations would have to be processed, however the revenue generated from license reinstatement fees would offset processing costs and provide a source of revenue. SENATOR TAYLOR noted the fiscal note on Version O from the Department of Corrections should reflect a decrease in costs. Number 431 MS. KNUTH noted that Version O inadvertently includes a mandatory 3 day prison sentence. JERRY LUCKHAUPT, Division of Legal Services, explained that when drafting Version O he removed two sections that were in the previous version of SB 14, at the committee's request. One of those sections created a new offense specific to juveniles, and made it consistent with other misdemeanor joyriding offenses. That provision mandated a 3 day prison sentence, of which 2 days could be served by doing community service. When that section was removed, the ability to replace prison time with community service was removed. He suggested reinstating the community service provision by including a clause that states that AS 12.55.135 (f) would only apply to offenders at least 18 years of age. SENATOR TAYLOR stated that under existing law, juveniles never serve prison time. MS. KNUTH clarified that if that amendment were made, the 3 day prison sentence would not be mandatory, but would allow the judge to determine whether it is warranted, depending upon the circumstances of the particular offense. Number 470 SENATOR ADAMS asked if the amendment would provide the judge with the option of imposing the prison sentence. MS. KNUTH replied affirmatively. SENATOR ADAMS noted he was not opposed to that provision. MR. LUCKHAUPT reiterated the mandatory 3 day prison sentence would only apply to offenders over the age of 18. SENATOR ADAMS removed his objection to the motion to adopt Version O as the working version. The motion was adopted. SENATOR TAYLOR moved to adopt the conceptual amendment to be drafted by Mr. Luckhaupt, to remove the mandatory 3 day prison requirement for offenders under the age of 18. There being no objection, the motion passed. SENATOR TAYLOR commented SB 14 was originally introduced to raise the penalties for all joyriding violations from a criminal mischief 3 class A misdemeanor to a criminal mischief 2 class C felony. The second joyriding conviction within 7 years would have been raised from a criminal mischief 2 class C felony to a criminal mischief 1 class B felony. After public testimony was taken, the committee has found that over 50 percent of the offenders are juveniles who are not appearing in court because of their juvenile status. As a consequence, the committee has redrafted the legislation to address the 50 percent of juvenile cases that are not being handled effectively. SENATOR MILLER moved SB 14 (am) with the conceptual amendment out of committee with individual recommendations. There being no objection, the motion passed.