1993-04-01                     Senate Journal                      Page 1026
HB 64                                                                        
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
64(FIN) "An Act creating the crimes of stalking in the first and               
second degrees and providing penalties for their violation; providing          
a peace officer with the authority to arrest without a warrant a               
person the peace officer has reasonable cause to believe has                   
committed stalking; relating to the release before trial of a person           
accused of stalking; prohibiting the suspension of imposition of               
sentence of a person convicted of stalking; relating to the crime of           
assault in the third degree; and providing for an effective date."             
Signing do pass with a Senate Judiciary Committee Letter of Intent:            
Senator Taylor, Chair, Senators Little, Donley, Halford.                       
                                                                               
                                Letter of Intent                               
                                      for                                      
                               CS for HB 64(FIN)                               
                                                                               
It is the intent of the Senate that, in prosecutions                          
for the offense of stalking in the first degree in                             
violation of AS 11.41.260 or stalking in the second                            
degree in violation of AS 11.41.270, the State of                              
Alaska must prove beyond a reasonable doubt that                               
the victim was placed in actual fear of death or                               
physical injury by the defendant's course of                                   
conduct.  This gives the same meaning to the                                   
phrase "recklessly places another person in fear" as                           
is given to that phrase in the offense of assault in                           

1993-04-01                     Senate Journal                      Page 1027
HB 64                                                                        
the third degree in violation of AS 11.41.220(a)(1)                           
("recklessly places another person in fear of                                  
imminent serious physical injury by means of a                                 
dangerous instrument").  This is also consistent with                          
the decision of the Alaska Court of Appeals in                                 
DeHart v. State, 781 P.2d 989 (Alaska Ct. App.                                 
1989).                                                                         
                                                                               
Zero fiscal note published today from Department of Corrections.               
Previous House zero fiscal notes.                                              
                                                                               
CS FOR HOUSE BILL NO. 64(FIN) was referred to the State                        
Affairs Committee.