SJUD - 3/1/95 SB 46 PROSECUTE JUVENILE AS ADULT IN DIST. CT. JACK CHENOWETH, Division of Legal Services, Legislative Affairs Agency, stated that at the request of the committee, he has provided an amendment (A.2) to SB 46 to modify the penalty for minors in two situations: when consuming alcohol; and when in possession of tobacco. He gave the following description of the amendment. On page 1, line 2, a title change reflects other changes in SB 46. Section 1, AS 04.16.050(b), defines the offense of minor consuming by a person under the age of 18 as a violation, rather than as a misdemeanor. A violation carries a monetary fine of not more than $300; the amendment sets a minimum fine of $100. Section 2 adds AS 04.16.050(b) to the list of exceptions of offenses in the alcoholic beverage code, that are otherwise punishable as class A misdemeanors. Section 3 specifies that the district court has jurisdiction over violations and specifically identifies the consumption of alcohol and possession of tobacco as violations. A technical change was made on lines 9-11, and on page 2, line 11, the word "minor" was changed to "person under 19 years of age" to conform with other text. Number 546 SENATOR ADAMS asked if a judge could require community service in lieu of the monetary fine. MR. CHENOWETH replied he did not think a judge could do that because the general definition of "violation" speaks only in terms of monetary remuneration. SENATOR ADAMS expressed concern that many juveniles may not be able to pay such a fine therefore he suggested community service as an appropriate alternative. MS. KNUTH noted under AS 12.55.055(c) a judge may convert a fine into community work service. TAPE 95-10, SIDE B MS. KNUTH explained the DOL believes that by reducing the offense of minor consuming to a violation, more cases will come before the court, as there is some reluctance to charge a minor with a class A misdemeanor because of the penalties and proceedings. DOL believes earlier intervention opportunities will occur as a result of the change and will allow for preventive measures rather than punitive measures. SENATOR TAYLOR expressed concern over the differentiation of minors under the age of 18 and minors between the ages of 18 and 21. MS. KNUTH suggested making the following changes to the amendment: on page 1, lines 5 and 7, change the word "minor's" to "person under 21 in"; on line 12, delete the words "who is a minor"; on page 2, line 3, delete the words "a minor"; and on line 5 delete the words, "a person under 19 years of age." MS. KNUTH commented that this bill acknowledges district court jurisdiction over these two violations, which could be interpreted to mean it does not have jurisdiction over other violations. SENATOR TAYLOR agreed with Mr. Chenoweth that it needs to be stated, and that perhaps a revisor's bill is in order. SENATOR TAYLOR withdrew his original amendment. There being no objection, the motion passed. SENATOR TAYLOR then moved the adoption of the amendment drafted by Mr. Chenoweth, labeled A.2, dated 3/1/95, with the following changes: on page 1, lines 5 and 7, change the word "minor's" to "person under 21 in", on line 12, delete the words "who is a minor"; on page 2, line 3, delete the words "a minor"; and on line 5 delete the words, "a person under 19 years of age." SENATOR MILLER moved SB 46 am out of committee with individual recommendations. There being no objection, the motion passed.