Legislature(1997 - 1998)
1997-04-30 Senate Journal
Full Journal pdf1997-04-30 Senate Journal Page 1585 HB 9 CS FOR HOUSE BILL NO. 9(FIN) am An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of incapacitated for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rule 6, Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date which had been placed at the bottom of the calendar (page 1580) was before the Senate. Senator Sharp moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1475. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of incapacitated for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rules 6 and 43(d), Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date was adopted and read the second time. Senator Halford offered Amendment No. 1 : Page 6, line 19, following "AS 12.55.175": Insert ", an appeal," 1997-04-30 Senate Journal Page 1586 HB 9 Senator Halford moved for the adoption of Amendment No. 1. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Amendment No. 2 was not offered. Senators Halford, Taylor offered Amendment No. 3 : Page 1, line 12: Delete "16, 18, 22, and 23" Insert "17, 19, 23, and 24" Page 4, following line 29: Insert a new bill section to read: "* Sec. 12. AS 12.30.020(c) is amended to read: (c) In determining the conditions of release under (b) of this section, the judicial officer shall take into account (1) the nature and circumstances of the offense charged, including the effect of the offense upon the alleged victim; ª,ß (2) the weight of the evidence against the person; [,ß (3) the person's family ties; ª,ß (4) the person's employment; ª,ß (5) the person's financial resources; ª,ß (6) the person's character and mental condition; ª,ß (7) the length of the person's residence in the community; ª,ß (8) the person's record of convictions; ª,ß (9) the person's record of appearance at court proceedings; ª,ß (10) the flight of the accused to avoid prosecution or the person's failure to appear at court proceedings; and (11) threats the person has made, and the danger the person poses, to the alleged victim." Renumber the following bill sections accordingly. 1997-04-30 Senate Journal Page 1587 HB 9 Page 9, line 20: Delete "sec. 12" Insert "sec. 13" Page 9, line 30: Delete "Sections 12 and 20" Insert "Sections 13 and 21" Page 9, line 31: Delete "secs. 12 and 20" Insert "secs. 13 and 21" Page 10, line 2: Delete "secs. 12 and 20" Insert "secs. 13 and 21" Page 10, line 3: Delete "secs. 12 and 20" Insert "secs. 13 and 21" Page 10, line 5: Delete "sec. 27" Insert "sec. 28" Senator Halford moved for the adoption of Amendment No. 3. Senator Ellis objected, then withdrew his objection. There being no further objections, Amendment No. 3 was adopted. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S VICTIMS RIGHT TO BE PRESENT AT TRIAL, be held to the May 1 calendar. Without objection, it was so ordered.