Legislature(1993 - 1994)

1994-04-27 House Journal

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1994-04-27                     House Journal                      Page 3798
SB 252                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 252(JUD)                                               
"An Act prohibiting the possession of child pornography."                     
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT HCS(JUD) 6DP                                             3667         
	-5 PREVIOUS SENATE ZERO FISCAL NOTES                             3667         
	...(DPS, 2-ADM, LAW, CORR) 2/18/94                               3667         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 252(JUD)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered by Representative Brown:                           
                                                                               
Page 1, following line 11:                                                     
	Insert a new subsection to read:                                              
	"(c)  In a prosecution under this section, it is an affirmative              
defense that                                                                   
		(1)  the child was the legal spouse of the defendant at the                 
time of the                                                                    
		(A)  production of the material that visually or aurally                   
depicts conduct described in AS11.41.455(a); and                               
		(B)  alleged offense;                                                      

1994-04-27                     House Journal                      Page 3799
SB 252                                                                       
		(2)  the child consented to the production of the material                  
that visually or aurally depicts conduct described in                          
AS11.41.455(a); and                                                            
		(3)  the material that visually or aurally depicts conduct                  
described in AS11.41.455(a) was produced for the personal use                  
of the defendant and the child."                                               
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
Representative Brown rose to a point of order regarding                        
mischaracterization of debate.                                                 
                                                                               
The Speaker stated the point was well taken.                                   
                                                                               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 252(JUD)                                                              
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  10   NAYS:  28   EXCUSED:  0   ABSENT:  2                             
                                                                               
Yeas:  Brice, Brown, Carney, Davies, Foster, Larson, MacLean,                  
Navarre, Nicholia, Nordlund                                                    
                                                                               
                                                                               
Nays:  Barnes, Bunde, B.Davis, G.Davis, Finkelstein, Green,                    
Grussendorf, Hanley, Hudson, James, Kott, Mackie, Martin, Menard,              
Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton,             
Therriault, Toohey, Ulmer, Vezey, Williams, Willis                             
                                                                               

1994-04-27                     House Journal                      Page 3800
SB 252                                                                       
Absent:  Davidson, Hoffman                                                     
                                                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that HCS             
CSSB 252(JUD) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
                                                                               
HCS CSSB 252(JUD)  was read the third time.                                    
                                                                               
                                                                               
The question being:  "Shall HCS CSSB 252(JUD)  pass the House?"                
The roll was taken with the following result:                                  
                                                                               
                                                                               
HCS CSSB 252(JUD)                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                              
                                                                               
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis,                   
G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson,              
James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses,                   
Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter,        
Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis            
                                                                               
Absent:  Davidson, Hoffman                                                     
                                                                               
                                                                               
And so, HCS CSSB 252(JUD) passed the House.                                    
                                                                               
                                                                               
Representative Brown gave notice of reconsideration of her vote on             
HCS CSSB 252(JUD).