Legislature(2017 - 2018)

2017-03-06 House Journal

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2017-03-06                     House Journal                      Page 0413
HB 8                                                                                                                          
The following, which was advanced to third reading from the March 1                                                             
calendar (page 372), was read the third time:                                                                                   
                                                                                                                                
     HOUSE BILL NO. 8                                                                                                           
     "An Act relating to protective orders."                                                                                    
                                                                                                                                
Representative Wilson moved and asked unanimous consent that HB 8                                                               
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 Wilson and                                                                       
Reinbold:                                                                                                                       
                                                                                                                                
Page 4, following line 22:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 8. AS 22.35.030 is amended to read:                                                                                   
         Sec. 22.35.030. Publication of Records [RECORDS                                                                    
     CONCERNING CRIMINAL CASES RESULTING IN                                                                                   
     ACQUITTAL OR DISMISSAL]. The Alaska Court System may                                                                     
     not publish a court record [OF A CRIMINAL CASE] on a                                                                       
     publicly available website                                                                                                 
              (1)  in a criminal case if 60 days have elapsed from the                                                      
     date of acquittal or dismissal and                                                                                         
                  (A) [(1)]  the defendant was acquitted of all charges                                                     
         filed in the case;                                                                                                     

2017-03-06                     House Journal                      Page 0414
                  (B) [(2)]  all criminal charges against the defendant in                                                  
         the case have been dismissed and were not dismissed as part                                                            
         of a plea agreement in another criminal case under Rule 11,                                                            
         Alaska Rules of Criminal Procedure;                                                                                    
                  (C) [(3)]  the defendant was acquitted of some of the                                                     
         criminal charges in the case and the remaining charges were                                                            
         dismissed; or                                                                                                          
                  (D) [(4)]  all criminal charges against the defendant                                                     
         in the case have been dismissed after a suspended entry of                                                             
         judgment under AS 12.55.078;                                                                                       
              (2)  of a protective order under AS 18.66.100 -                                                               
     18.66.180, restraining order, or injunction in a case involving                                                        
     domestic violence if the publication would likely reveal the                                                           
      identity or location of the party protected under the order."                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Wilson moved and asked unanimous consent that                                                                    
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 8                                                                                                                            
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Johnson, Johnston, Knopp, Kopp,                                                                
Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler,                                                                           
Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson                                                                            
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn,                                                                  
Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux,                                                                  
Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool                                                            
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
                                                                                                                                

2017-03-06                     House Journal                      Page 0415
The question being:  "Shall HB 8 pass the House?"  The roll was taken                                                           
with the following result:                                                                                                      
                                                                                                                                
HB 8                                                                                                                            
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  38   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Chenault, Claman, Drummond, Eastman, Edgmon,                                                                      
Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston,                                                                    
Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux,                                                                 
Millett, Neuman, Ortiz, Parish, Pruitt, Reinbold, Saddler, Seaton,                                                              
Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson,                                                                  
Tilton, Tuck, Westlake, Wool                                                                                                    
                                                                                                                                
Nays:  Rauscher, Wilson                                                                                                         
                                                                                                                                
And so, HB 8 passed the House and was referred to the Chief Clerk                                                               
for engrossment.