CSHB 219(FIN)-STRANGULATION & SUFFOCATION CRIMES  9:44:45 AM CHAIR RALPH SEEKINS announced HB 219 to be up for consideration. MS. JULI LUCKY, staff to Representative Mike Hawker, introduced HB 219. Currently strangulation assaults cannot be prosecuted as a felony due to a bar set in statutes that says in order to be prosecuted as a felony, an assault must have provable serious physical injury. Often strangulation assaults leave no physical marks. 9:46:50 AM MS. TARA HENRY, forensic nurse, testified she has years of examining strangulation assaults. Perpetrators use strangulation as a means to control their victims. Strangulation is treated as a misdemeanor in Alaska. HB 219 would provide the appropriate language required to allow all strangulation cases to be prosecuted as felonies. 9:51:58 AM MR. DEAN GUANELI concurred the intent of HB 219 is to ensure strangulation assaults are prosecuted as felonies. Injuries that are created by strangulation can evolve into long term physical problems for the victim. 9:54:11 AM CHAIR SEEKINS asked Mr. Guaneli whether the court might consider that hands are not deadly weapons. MR. GUANELI stated there is case law in Alaska where hands and feet have been found to be deadly weapons, based on the manner in which they were used. CHAIR SEEKINS asked whether the use of hands in beating or threatening someone would be considered a dangerous weapon. 9:56:56 AM MR. GUANELI answered yes. Hands and feet can be characterized as a dangerous weapon under AS 11.81.900 (b)(15)(A). CHAIR SEEKINS said it is the intent of the Senate Standing Judiciary Committee that by including definition (B) under "dangerous instrument" (AS 11.81.900) that hands can be dangerous instruments under many circumstances. MR. GUANELI agreed. SENATOR HOLLIS FRENCH read the definition of "deadly weapon": "Any firearm or anything designed for and capable of causing death or serious physical injury, including an knife, and ax, a club, metal knuckles, or an explosive." 9:59:08 AM MR. GUANELI explained the current code defines "deadly weapon" exactly as Senator French read. The courts would rule that hands and feet could be dangerous instruments. 10:01:49 AM CHAIR SEEKINS asked the reason Page 1, line 8 does not read "and" rather than "or". MR. GUANELI detailed the reason for the separate subsection is due to experience in trials. REPRESENTATIVE MIKE HAWKER offered a response to the use of the word "or." The word may be construed either inclusively or exclusively. 10:07:30 AM CHAIR SEEKINS closed public testimony. SENATOR CHARLIE HUGGINS moved CSHB 219(FIN) from committee with individual recommendations and attached fiscal note(s). There being no objection, the motion carried.