Legislature(1997 - 1998)
1998-04-30 House Journal
Full Journal pdf1998-04-30 House Journal Page 3372 HB 245 Representative Brice brought up reconsideration of the vote on CSHB 245(RLS)(fld H) (page 3340). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 245(RLS) "An Act relating to the minimum sentences for assault in the fourth degree that is a crime involving domestic violence; relating to domestic violence; relating to the definition of 'crime involving domestic violence' in AS 11; relating to unlawful contact with a victim or witness; relating to rehabilitation programs for perpetrators of domestic violence; amending Rule 5(b), Alaska Rules of Criminal Procedure and Rule 404(b), Alaska Rules of Evidence; and providing for an effective date." 1998-04-30 House Journal Page 3373 HB 245 A Title Amendment was offered by Representative Hanley: Page 1, lines 1 - 2: Delete all material. Insert "An Act relating to assault in the fourth degree; relating to" Representative Hanley moved and asked unanimous consent that the title amendment be adopted. There being no objection, it was so ordered and the new title appears below: CS FOR HOUSE BILL NO. 245(RLS)(title am) "An Act relating to assault in the fourth degree; relating to the definition of 'crime involving domestic violence' in AS 11; relating to unlawful contact with a victim or witness; relating to rehabilitation programs for perpetrators of domestic violence; amending Rule 5(b), Alaska Rules of Criminal Procedure and Rule 404(b), Alaska Rules of Evidence; and providing for an effective date." Representative Brice moved and asked unanimous consent that CSHB 245(RLS)(title am) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brice: Page 9, line 9, following "standards.": Insert "Upon application of a program, the department may waive one or more standards and approve the program if the department determines (1) there is good cause for the waiver; (2) the safety of victims and children is not compromised by the waiver; (3) an acceptable alternative is provided by the program." Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. 1998-04-30 House Journal Page 3374 HB 245 Representative Brice moved and asked unanimous consent that CSHB 245(RLS) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Brice: Page 9, line 6, following "AS 18.66.990": Insert "and for the approval of those programs" Page 10, line 18: Delete "January 1, 1999" Insert "on the later of (1) January 1, 1999, or (2) six months after the effective date of the regulations adopted by the Department of Corrections under AS 44.28.020(b), as amended by sec. 16 of this Act, relating to the approval of rehabilitation programs for perpetrators of domestic violence. The lieutenant governor and the commissioner of corrections shall notify the revisor of statutes when the regulations are filed." Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. The question to be reconsidered: "Shall CSHB 245(RLS) am pass the House?" The roll was taken with the following result: CSHB 245(RLS) am--RECONSIDERATION Third Reading Final Passage YEAS: 29 NAYS: 7 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kemplen, Kookesh, Kott, Kubina, Martin, Moses, Nicholia, Phillips, Porter, Ryan, Sanders, Williams Nays: Barnes, James, Kelly, Kohring, Masek, Mulder, Therriault Absent: Bunde, Ogan, Rokeberg, Vezey 1998-04-30 House Journal Page 3375 HB 245 And so, CSHB 245(RLS) am passed the House on reconsideration Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. Representative Kubina objected and withdrew the objection. There being no further objection, it was so ordered. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 245(RLS) am was referred to the Chief Clerk for engrossment.