SB 242 USE OF FIREARM IN COMMISSION OF FELONY  KEN ERICKSON, aide to Senator Pearce, read a sponsor statement to committee members. SB 242 increases the penalty a criminal receives for committing a felony with a firearm. Currently Alaska's felony sentencing statutes give judges sentencing guidelines for specific crimes. This bill increases some of the presumptive sentence guidelines for crimes committed with guns. Inmates would still get time-off for good behavior. The bill does not affect misdemeanors, and would only effect acts committed after the effective date. SB 242 sends the message that offenses committed with firearms will carry a longer mandatory jail sentence. Number 236 SENATOR ADAMS asked if the sentencing commission has had a chance to review SB 242. MR. ERICKSON replied the commission has not reviewed the bill yet. SENATOR ADAMS asked if the Departments of Law or Corrections had submitted position papers. SENATOR TAYLOR notified committee members a fiscal note has been received from the Department of Law, the fiscal note from the Department of Corrections will be prepared by Monday, and the Department of Law has sent a representative to testify. ANNE CARPENETI, representing the Department of Law, informed committee members the department has not had sufficient time to analyze SB 242 to take a position on the measure. She noted the sentencing increases are not guidelines, but are presumptive terms which the court must follow. SENATOR TAYLOR asked if SB 242 upgrades the current law that governs the use of a firearm in the commission of a crime. MS. CARPENETI responded that under current law, specific offenses, such as sexual assault in the first degree or sexual abuse of a minor, carry presumptive sentences for first offenses, and the sentence is lengthened if a firearm is used. SB 242 increases the presumptive term for the first offense. SENATOR ADAMS questioned whether a person with a concealed weapon permit would receive a lesser sentence than a person without a permit. MS. CARPENETI clarified that the bill addresses a firearm used in the commission of an offense, therefore if no offense was committed, the issue of a permit would be moot. SENATOR TAYLOR felt the permit issue would probably not make a difference under this sentencing structure if an offense was committed. Number 300 JOHN SALEMI, representing the Public Defender Agency, discussed two issues. Mr. Erickson stated that SB 242 would send a strong message about the seriousness of committing a crime with a firearm: he does not believe those messages are received by people whose behaviors are often anti-social and irrational. Many people who engage in criminal conduct do not think through the consequences, or may be under the influence of alcohol or drugs. He felt the analogy to the deterrent effect of stronger DWI laws to be inaccurate. Presumptive sentencing in itself has been an enhancement in the overall sentencing scheme in the State of Alaska, yet it appears to have a disproportionate impact on rural Alaska, especially Native Alaskans. He noted the sentencing commission has not been in existence for three years. He added the Public Defender Agency has proposed a zero fiscal impact with respect to SB 242, only because it cannot quantify what the impact will be. In his experience, when sentences are increased for a particular crime, individuals exercise their right to trial as opposed to entering a no contest or guilty plea. SENATOR TAYLOR announced the committee would take SB 242 under consideration and would reschedule it in the near future. Senator Miller arrived at 1:55 p.m.