Legislature(1995 - 1996)

1996-05-01 Senate Journal

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1996-05-01                     Senate Journal                      Page 3766
HB 370                                                                       
CS FOR HOUSE BILL NO. 370(JUD) An Act relating to the                          
provision of legal services at public expense was read the second              
time.                                                                          
                                                                               
Senator Taylor moved and asked unanimous consent for the adoption              
of the Judiciary Senate Committee Substitute offered on page 2864.             
Senator Duncan objected.                                                       
                                                                               
The question being: Shall the Judiciary Senate Committee Substitute            
be adopted? The roll was taken with the following result:                      
                                                                               
CSHB 370(JUD)                                                                  
Second Reading                                                                 
Adopt Judiciary Senate Committee Substitute?                                   
                                                                               
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman,                  
Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor,                
Torgerson, Zharoff                                                             
                                                                               
Nays:  Adams, Kelly, Lincoln                                                   
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 370(JUD)                           
was adopted and read the second time.                                          
                                                                               
Senator Zharoff offered Amendment No. 1:                                       
                                                                               
Page 1, following line 2:                                                      
	Insert a new bill section to read:                                            
   "* Section 1.  AS 18.85 is amended by adding a new section to             
read:                                                                          
	Sec. 18.85.095. SERVICES TO PERSONS NOT                                       
REPRESENTED BY AGENCY.  In the discretion of the public                        
defender, the public defender and the staff of the agency may                  
respond to questions from members of the public concerning the                 
involvement of those persons with the criminal justice system of this          
state and may provide information and options concerning the rights,           
duties, and liabilities of persons in relation to the criminal justice         
system.  In  responding  to questions  under  this section, the public         
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3767
HB 370                                                                       
defender and staff of the agency may not present themselves as the             
attorney of the person, may not represent themselves to other persons          
as the attorney of the person, and may not undertake the                       
representation of a person except when appointed by a court under              
this chapter."                                                                 
                                                                               
Page 1, line 3:                                                                
	Delete "* Section 1."                                                       
	Insert "* Sec. 2."                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 1.                     
Senator Halford objected.                                                      
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 370(JUD)                                                              
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Senator Ellis objected.                                              
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3768
HB 370                                                                       
                                                                               
SCS CSHB 370(JUD)                                                              
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 370(JUD) will                              
appear on the May 2 calendar.