Session: State Capitol, Room 110 Juneau, AK 99801-1182 Phone: (907) 465-4945 Toll Free: (866) 465-4945 Fax: (907) 465-3476 Interim: 716 W 4th Avenue, Suite 320 Anchorage, AK 99501-2133 Phone: (907) 269-0199 Fax: (907) 269-0197

Sponsor Statement for HB 297
Aggravator for Sexual Offenses

An Act relating to restitution and to aggravating factors at sentencing.

When drugs or alcohol are used to lower the inhibitions of a person to a point where they become the victim of a sexual assault, the seriousness of the crime should be elevated in the eye of the court.

Section 2 of SCS CSHB 297(JUD) adds an aggravating factor to AS 12.55.155 that declares if a defendant supplied drugs or alcohol to the victim, in furtherance of the offense with the intent to make the victim incapacitated, the defendant may be held to a higher degree of punishment. An aggravating factor is an element or circumstance involved in the commission of a crime that elevates its seriousness; a fact justifying more than the usual measure of damages or punishment.

AS 12.55.125 lists presumptive terms of sentencing. SCS CSHB 297(JUD) will allow a judge to increase a presumptive sentence up to the maximum term of imprisonment for that offense.

For example, the presumptive sentence for a first time offender convicted of a sexual assault in the first degree is eight years. With this new aggravator, the judge could increase the sentence to the maximum allowed.

It is important to remember that an aggravator is applied at sentencing. The defendant will have already been convicted of sexual assault.

Sections 1, and 3 through 6 of this bill clarify juvenile restitution laws to ensure restitution obligations remain in effect if convictions are set aside; to limit juveniles' need to issue full financial statements; and to ensure obligations do not end with a juvenile's 19th birthday.

# # #

Attachments:

• Print Friendly Version
  Requires Adobe Acrobat Reader - 1 page(s) - 6.4K
  

| Rep. Meyer's Page |

| Top | Home | Site Search | Breaking News | Legislators | Bills |
| Committees | E-Newsletter | Surveys | Research | Help |

The Official Web Site of the House and Senate Legislative Majorities
for the 22nd Alaska State Legislature
To Report Technical Problems or Contact Webmasters