2004-04-21                     House Journal                      Page 3393
HB 244                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 244                                                                              
    "An Act relating to the Code of Criminal Procedure; relating to                                 
    defenses, affirmative defenses, and justifications to certain                                   
    criminal acts; relating to rights of prisoners after arrest; relating to                        
    discovery, immunity from prosecution, notice of defenses,                                       
    admissibility of certain evidence, and right to representation in                               
    criminal proceedings; relating to sentencing, probation, and                                    
    discretionary parole; amending Rule 16, Alaska Rules of Criminal                                
    Procedure, and Rules 404, 412, 609, and 803, Alaska Rules of                                    
    Evidence; and providing for an effective date."                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 244(2d JUD)                                                               
    "An Act relating to murder in the second degree, the justification                              
    of defense of self or others, rights of arrested persons, release                               
    before trial, immunity from prosecution, sentencing, probation,                                 
    discretionary parole, and the right to representation in certain                                
    proceedings; relating to violation of a custodian's duty; relating to                           
    sexual abuse of a minor; relating to release of certain agency                                  
    records; relating to local options regarding alcoholic beverages,                               
    the offense of furnishing or delivery of alcoholic beverages to a                               
    person under 21 years of age, and forfeiture of money or other                                  
    items of value used in financial transactions derived from                                      

2004-04-21                     House Journal                      Page 3394
    violation of certain laws relating to alcoholic beverages; relating                             
    to assault by means of a dangerous instrument; relating to                                      
    operating or driving a motor vehicle, aircraft, or watercraft while                             
    under the influence of an alcoholic beverage, inhalant, or                                      
    controlled substance, to the refusal to submit to a chemical test,                              
    and to the presumptions and chemical analysis of breath or blood;                               
    and providing for an effective date."                                                           
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Samuels, McGuire                                                                      
                                                                                                    
Do not pass (2):  Gara, Gruenberg                                                                   
                                                                                                    
No recommendation (1):  Holm                                                                        
                                                                                                    
                                                                                                    
A Judiciary Committee letter of intent signed by Representative                                     
McGuire, Chair, follows:                                                                            
                                                                                                    
"The Alaska State Legislature acknowledges the findings contained in                                
the Alaska Judicial Council's study "Alaska Felony Process:  1999"                                  
that the use of third party custodians was initially intended to give                               
indigent defendants an equal opportunity for predisposition release,                                
that this bail condition was one of the most important influences on the                            
length of time that defendants spent incarcerated before disposition of                             
their cases, and that this bail condition has resulted in substantially                             
longer terms of predisposition incarceration in non-violent type cases.                             
Given the right to bail guaranteed by Article I, Section 11 of the                                  
Alaska Constitution, it is the intent of the Legislature that judicial                              
officers appoint third party custodians in a manner that will further the                           
intent of the statute."                                                                             
                                                                                                    
The following fiscal note(s) apply to CSHB 244(2d JUD):                                             
                                                                                                    
4.  Zero, Dept. of Law                                                                              
5.  Fiscal, Dept. of Corrections                                                                    
6.  Fiscal, Dept. of Administration                                                                 
                                                                                                    

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HB 244 was referred to the Rules Committee for placement on the                                     
calendar.