Legislature(2005 - 2006)
2006-04-26 House Journal
Full Journal pdf2006-04-26 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.