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Aggravated Factors Measure Passes Senate
Using Drugs, Booze for Sex Crimes Will Mean More Jail Time

(JUNEAU) - The Senate today passed Rep. Kevin Meyer's House Bill 297 to establish tougher legal penalties for criminals who give their victims drugs or alcohol to make them easier prey to sexual assault.

"This legislation will give the state a legal tool to counter the use of so-called "date rape" drugs like rohypnol or GHB, which some sex offenders use to reduce their victims' inhibitions, and make them easier victims," Meyer said. "I'm pleased to have the Senate's support in this effort, and look forward to the governor signing HB 297 into law as soon as possible."

HB 297 would create a new aggravating factor in state law allowing a judge to impose stiffer penalties on sex offenders who relied on excessive use of alcohol or on drugs. Judges who find a felony sexual assault included such use of drugs or excessive amounts of alcohol as an aggravating factor may increase the presumptive sentence of the defendant to up to the maximum term of imprisonment for that offense.

The aggravating factor would have no bearing on the actual guild phase of a trial, but would only come into plan after a defendant had been convicted of sexual assault, Meyer said.

As passed by the Senate, the bill also clarifies state laws regarding juvenile restitution to ensure that restitution obligations remain in effect if convictions are set aside. It also narrows the need for courts to obtain a full financial statement from a juvenile offender's family before imposing or modifying such obligations, and makes it clear that restitution obligations remain valid even after the offender's 18th birthday.

"It's important that our legal system not give juvenile offenders a way to dodge responsibility for their obligations just by letting time pass," Meyer said. "Restitution orders are valid debts, and young offenders, perhaps even more than adults, need to learn the lesson of taking responsibility for their misdeeds."

HB 297 returns to the House for concurrence with Senate changes before moving to the governor to be signed into law.

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