Legislature(2019 - 2020)

2019-04-03 House Journal

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2019-04-03                     House Journal                      Page 0445
HB 12                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 12                                                                                                           
    "An Act relating to protective orders."                                                                                     

2019-04-03                     House Journal                      Page 0446
with the: Journal Page                                                                                                          
                                                                                                                                
 STA RPT CS(STA) 7DP 275                                                                                                        
 FN1: ZERO(DPS) 275                                                                                                             
 FN2: ZERO(DPS) 275                                                                                                             
 JUD RPT CS(JUD) 5DP 1NR 404                                                                                                    
 FN1: ZERO(DPS) 405                                                                                                             
 FN2: ZERO(DPS) 405                                                                                                             
 FN3: ZERO(AJS) 405                                                                                                             
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the following committee substitute be adopted in lieu of the original                                                           
bill:                                                                                                                           
                                                                                                                                
    CS FOR HOUSE BILL NO. 12(JUD)                                                                                               
    (same title)                                                                                                                
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 2, following line 27:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 5. 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;                                                                                                     
                  (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                                                                                                          

2019-04-03                     House Journal                      Page 0447
                  (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 section accordingly.                                                                                
                                                                                                                                
Page 3, line 1:                                                                                                                 
    Delete "and AS 18.66.100(f), enacted by sec. 4 of this Act,"                                                                
    Insert "AS 18.66.100(f), enacted by sec. 4 of this Act, and                                                                 
AS 22.35.030, as amended by sec. 5 of this Act,"                                                                                
                                                                                                                                
Page 3, line 2:                                                                                                                 
    Delete "secs. 1 - 4"                                                                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Claman objected and rose to a point of order, citing                                                             
Mason's Manual Sec. 728 and asked that it be ruled out of order.                                                                
                                                                                                                                
The Speaker ruled Amendment No. 1 out of order.                                                                                 
                                                                                                                                
Representative Eastman objected.                                                                                                
                                                                                                                                
The Speaker withdrew the ruling.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 12(JUD)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  23   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-04-03                     House Journal                      Page 0448
Yeas:  Carpenter, Eastman, Jackson, Johnson, LeBon, Neuman, Pruitt,                                                             
Rasmussen, Rauscher, Revak, Sullivan-Leonard, Talerico, Tarr,                                                                   
Tilton, Vance, Wilson                                                                                                           
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins,                                                                      
LeDoux, Merrick, Ortiz, Shaw, Spohnholz, Story, Stutes, Thompson,                                                               
Tuck, Wool, Zulkosky                                                                                                            
                                                                                                                                
Excused:  Lincoln                                                                                                               
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 8:                                                                                                                 
    Delete "or"                                                                                                             
                                                                                                                                
Page 1, line 11, following "finding":                                                                                       
    Insert "; or                                                                                                            
             (4)  the petitioner appears telephonically at the                                                              
    protective order hearing"                                                                                               
                                                                                                                                
Page 2, line 13:                                                                                                                
    Delete "or"                                                                                                             
                                                                                                                                
Page 2, line 17, following "finding":                                                                                       
    Insert "; or                                                                                                            
             (4)  the petitioner appears telephonically at the                                                              
    protective order hearing"                                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
                                                                                                                                

2019-04-03                     House Journal                      Page 0449
CSHB 12(JUD)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  23   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, LeBon, Merrick,                                                                    
Neuman, Pruitt, Rasmussen, Rauscher, Revak, Shaw,                                                                               
Sullivan-Leonard, Talerico, Tilton, Vance                                                                                       
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins,                                                                      
LeDoux, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck,                                                                  
Wilson, Wool, Zulkosky                                                                                                          
                                                                                                                                
Excused:  Lincoln                                                                                                               
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 8:                                                                                                                 
    Delete "or"                                                                                                             
                                                                                                                                
Page 1, line 11, following "finding":                                                                                       
    Insert "; or                                                                                                            
             (4)  of the current geographic location of the                                                                 
    respondent"                                                                                                             
                                                                                                                                
Page 2, line 13:                                                                                                                
    Delete "or"                                                                                                             
                                                                                                                                
Page 2, line 17, following "finding":                                                                                       
    Insert "; or                                                                                                            
             (4)  of the current geographic location of the                                                                 
    respondent"                                                                                                             
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Kopp objected.                                                                                                   
                                                                                                                                
                                                                                                                                

2019-04-03                     House Journal                      Page 0450
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 12(JUD)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  13   NAYS:  25   EXCUSED:  1   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, Merrick, Neuman,                                                                   
Pruitt, Rauscher, Revak, Sullivan-Leonard, Talerico, Tilton, Vance                                                              
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
LeDoux, Ortiz, Rasmussen, Shaw, Spohnholz, Story, Stutes, Tarr,                                                                 
Thompson, Wilson, Wool, Zulkosky                                                                                                
                                                                                                                                
Excused:  Lincoln                                                                                                               
                                                                                                                                
Absent:  Tuck                                                                                                                   
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
Representative Tuck be excused from a call of the House today.  There                                                           
being no objection, it was so ordered.                                                                                          
                                                                                                                                
Amendment No. 4 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 2, following line 6:                                                                                                       
    Insert a new bill section to read:                                                                                          
"* Sec. 3. AS 18.65.855 is amended by adding a new subsection to                                                              
read:                                                                                                                           
         (c)  A protective order granted under this section may not be                                                          
    extended."                                                                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 2, following line 27:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 6. AS 18.66.110 is amended by adding a new subsection to                                                              
read:                                                                                                                           
         (e)  A protective order granted under this section may not be                                                          
    extended."                                                                                                                  
                                                                                                                                

2019-04-03                     House Journal                      Page 0451
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Page 2, line 31:                                                                                                                
    Delete "AS 18.66.100(e), as amended by sec. 3"                                                                              
    Insert "AS 18.65.855, as amended by sec. 3 of this Act,                                                                     
AS 18.66.100(e), as amended by sec. 4"                                                                                          
                                                                                                                                
Page 3, line 1:                                                                                                                 
    Delete "and AS 18.66.100(f), enacted by sec. 4"                                                                             
    Insert "AS 18.66.100(f), enacted by sec. 5 of this Act, and                                                                 
AS 18.66.110, as amended by sec. 6"                                                                                             
                                                                                                                                
Page 3, line 2:                                                                                                                 
    Delete "of secs. 1 - 4"                                                                                                     
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Kopp objected.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 12(JUD)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  33   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Eastman, Rauscher, Tilton, Vance                                                                              
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                    
Kreiss-Tomkins, LeBon, LeDoux, Merrick, Neuman, Ortiz, Pruitt,                                                                  
Rasmussen, Revak, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard,                                                             
Talerico, Tarr, Thompson, Wilson, Wool, Zulkosky                                                                                
                                                                                                                                
Excused:  Lincoln, Tuck                                                                                                         
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
CSHB 12(JUD) be considered engrossed, advanced to third reading,                                                                

2019-04-03                     House Journal                      Page 0452
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CSHB 12(JUD) was read the third time.                                                                                           
                                                                                                                                
The question being:  "Shall CSHB 12(JUD) pass the House?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 12(JUD)                                                                                                                    
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Eastman, Edgmon, Fields,                                                                    
Foster, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson,                                                                 
Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Merrick, Neuman,                                                                    
Ortiz, Pruitt, Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story,                                                              
Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Vance,                                                              
Wilson, Wool, Zulkosky                                                                                                          
                                                                                                                                
Excused:  Lincoln, Tuck                                                                                                         
                                                                                                                                
And so, CSHB 12(JUD) passed the House.                                                                                          
                                                                                                                                
Representative Pruitt gave notice of reconsideration of the vote on                                                             
CSHB 12(JUD).