Legislature(2005 - 2006)
2006-08-06 House Journal
Full Journal pdf2006-08-06 House Journal Page 4342 SB 3005 The following, which was advanced to third reading from the August 5, 2006, calendar (page 4292), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 3005(JUD) "An Act relating to contempt of court and to temporary detention and identification of persons; and providing for an effective date." **The presence of Representatives LeDoux, Kerttula, Kapsner, and Berkowitz was noted. Representative Gruenberg moved and asked unanimous consent that HCS CSSB 3005(JUD) 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 Representatives Gruenberg and McGuire: 2006-08-06 House Journal Page 4343 Page 1, line 4, through Page 2, line 3: Delete all material and insert: "* Section 1. AS 09.50.020(a) is repealed and reenacted to read: (a) A person who commits a criminal contempt is guilty of a class A misdemeanor. A person who commits a civil contempt is subject to damages, a civil penalty of $5,000 or less for each violation, and other orders as the court finds appropriate." Renumber the following bill sections accordingly. Page 4, line 9: Delete "sec. 3" Insert "sec. 2" Representative Gruenberg moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Representative Kerttula moved and asked unanimous consent that HCS CSSB 3005(JUD) am H 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 Representatives Kerttula and Gruenberg: Page 4, following line 3: Insert a new subsection to read: "(g) Notwithstanding (f) of this section, if the person establishes that he does not have information of material aid in the investigation of the crime, then the person is punishable by a civil fine of not more than $1,000.00." Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Berkowitz objected. 2006-08-06 House Journal Page 4344 Amendment No. 1 to Amendment No. 2 was offered by Representative Berkowitz: Delete "he" Insert "the person" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 to Amendment No. 2 be adopted. Representative Weyhrauch placed a call of the House on the bill. The call was satisfied. There being no objection to Amendment No. 1 to Amendment No. 2, it was so ordered. Amendment No. 2 to Amendment No. 2 as amended was offered by Representative Kerttula: Following "crime, then": Delete all material and insert: "it is within the discretion of the court to determine that this is a civil matter punishable by a civil fine of not more than $1,000.00." Representative Kerttula moved and asked unanimous consent that Amendment No. 2 to Amendment No. 2 as amended be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 2 as amended was adopted. Representative Gara moved and asked unanimous consent that HCS CSSB 3005(JUD) am H be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Gara: Page 4, following line 3: Insert a new subsection to read: "(g) A person may not be detained or prosecuted under this section unless the jurisdiction where the person is detained has a policy in place to protect witnesses from the danger of physical 2006-08-06 House Journal Page 4345 injury in retaliation for that person acting or being listed as a potential witness to the crime being investigated, and the protections in that policy are made available to the detained person." Representative Gara moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Anderson objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 3005(JUD) am H Second Reading Amendment No. 3 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Salmon, Seaton, Thomas Nays: Anderson, Chenault, Coghill, Dahlstrom, Foster, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Kelly, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Weyhrauch, Wilson Excused: Moses And so, Amendment No. 3 was not adopted. The question being: "Shall HCS CSSB 3005(JUD) am H pass the House?" The roll was taken with the following result: HCS CSSB 3005(JUD) am H Third Reading Final Passage YEAS: 30 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Thomas, Wilson 2006-08-06 House Journal Page 4346 Nays: Coghill, Holm, Kelly, Kerttula, Kohring, Neuman, Seaton, Stoltze, Weyhrauch Excused: Moses And so, HCS CSSB 3005(JUD) am H passed the House. Representative Coghill 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. Representative Berkowitz gave notice of reconsideration of the vote on HCS CSSB 3005(JUD) am H.