Legislature(2005 - 2006)

2006-04-26 House Journal

Full Journal pdf

2006-04-26                     House Journal                      Page 3349
HB 325                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 325                                                                             
     "An Act relating to post-conviction DNA testing; and amending                                  
     Rule 35.1, Alaska Rules of Criminal Procedure."                                                
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 JUD RPT CS(JUD) 4DP 1NR 1AM                                           3102                         
 FN1: ZERO(COR)                                                        3103                         
 FN2: ZERO(LAW)                                                        3103                         
 FIN RPT CS(FIN) 1DP 7NR 2AM                                           3220                         
 FN1: ZERO(COR)                                                        3221                         
 FN3: ZERO(ADM)                                                        3221                         
 FN4: ZERO(ADM)                                                        3221                         
 FN5: INDETERMINATE(DPS)                                               3221                         
 FN6: (LAW)                                                            3221                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2006-04-26                     House Journal                      Page 3350
     CS FOR HOUSE BILL NO. 325(FIN)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Gara and LeDoux:                                     
                                                                                                    
Page 2, line 7:                                                                                     
 Delete "and any lesser included offense"                                                           
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
**The presence of Representatives McGuire, Chenault, and Meyer                                      
was noted.                                                                                          
                                                                                                    
Representative Gara moved and asked unanimous consent to withdraw                                   
Amendment No. 1.  There being no objection, it was so ordered.                                      
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Gatto:                                                
                                                                                                    
Page 4, following line 22:                                                                          
 Insert a new paragraph to read:                                                                    
       "(2)  "applicant" means the incarcerated person who                                          
     makes an application under AS 12.72.200 for an order for DNA                                   
     testing of biological evidence;"                                                               
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Weyhrauch objected.                                                                  
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                

2006-04-26                     House Journal                      Page 3351
                                                                                                    
CSHB 325(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  16   NAYS:  16   EXCUSED:  2   ABSENT:  6                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Croft, Dahlstrom, Gardner, Gatto,                                         
Gruenberg, Hawker, Joule, Kott, LeDoux, Lynn, McGuire, Neuman,                                      
Ramras, Stoltze                                                                                     
                                                                                                    
Nays:  Chenault, Coghill, Crawford, Elkins, Foster, Gara, Guttenberg,                               
Harris, Kohring, Meyer, Olson, Rokeberg, Salmon, Seaton,                                            
Weyhrauch, Wilson                                                                                   
                                                                                                    
Excused:  Kerttula, Samuels                                                                         
                                                                                                    
Absent:  Anderson, Holm, Kapsner, Kelly, Moses, Thomas                                              
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representatives Gatto and                                            
Gruenberg:                                                                                          
                                                                                                    
Page 3, line 21, following "shall":                                                                 
 Insert ", to the extent preservation is reasonable under standards                                 
established by the department in regulation,"                                                       
                                                                                                    
Page 3, line 24, following "material":                                                              
 Insert ", if it is to be preserved,"                                                               
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
Representative LeDoux placed a call of the House on the bill and lifted                             
the call.                                                                                           
                                                                                                    
The Speaker stated that, without objection, CSHB 325(FIN) with                                      
Amendment No. 3 pending would be returned to the Rules Committee.