02/02/1994 01:35 PM House FIN

  HOUSE JOINT RESOLUTION NO. 43                                                
                                                                               
       Proposing an amendment to the Constitution of the State                 
       of Alaska relating to penal administration.                             
                                                                               
  Representative Brown MOVED to RESCIND the Committee's action                 
  in passing CSHRJ 43 (FIN) out of Committee.  There being  NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  Representative Brown provided members with AMENDMENT 1 (copy                 
  on file).  She explained that Amendment 1 would insert, "and                 
  juvenile"  after  "criminal"   on  page  1,  line  9.    She                 
  emphasized  that  "criminal"  does  not  apply to  both  the                 
  juvenile  and  adult  systems.    She recommended  that  the                 
  amendment be adopted to clarify that the rights discussed in                 
  CSHJR 43 (FIN) apply to both systems.                                        
                                                                               
  Representative  Brown  MOVED to  ADOPT  AMENDMENT 1.   There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Representative Brown provided members with AMENDMENT 2 (copy                 
  on  file).    She  explained that  Amendment  2  would  add,                 
  "allowed to be" before "informed of and";  and add, "allowed                 
  to be" before  "present" on page  1, lines 11  and 12.   She                 
  expressed concern  that the right to be present and informed                 
  not be interpreted as an absolute right.                                     
                                                                               
  Representative  Brown  MOVED to  ADOPT  AMENDMENT 2.   There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Representative Brown provided members with AMENDMENT 3 (copy                 
  on  file).   She  explained  that Representative  Porter had                 
  drafted Amendment  3.  Amendment 3 would  insert, "before or                 
  after conviction" on  page 1,  lines 13 and  15; and  "seek"                 
  after "to"  on page  1, line  14.   She  explained that  the                 
  language would  address the  issue of  the use  of the  word                 
  "accused".  Members discussed the use of "conviction".                       
                                                                               
  Representative Larson MOVED  to AMEND Amendment 3  by moving                 
  "before or after  conviction" on page 1, line  15 to the end                 
  of  the  sentence.   There  being  NO OBJECTION,  it  was so                 
  ordered.                                                                     
                                                                               
  Representative Brown MOVED to ADOPT  AMENDMENT 3 as AMENDED.                 
  There being NO OBJECTION, it was so ordered.                                 
                                                                               
                                2                                              
                                                                               
                                                                               
  Representative Martin was MOVED to report CSHJR 43 (FIN) out                 
  of Committee  with individual  recommendations and  with the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
  HOUSE JOINT RESOLUTION NO. 43                                                
                                                                               
       Proposing an amendment to the Constitution of the State                 
       of Alaska relating to penal administration.                             
                                                                               
  Representative Brown explained that Amendment 3,  previously                 
  adopted by the Committee, neglected  to assure that juvenile                 
  adjudications would be included.                                             
                                                                               
                                5                                              
                                                                               
                                                                               
  JERRY LUCKHAUPT,  LEGAL COUNSEL, LEGISLATIVE  AFFAIRS AGENCY                 
  explained  that the  language "before  or after  conviction"                 
  would only  cover situations involving  adults or  juveniles                 
  waived into and convicted  in an adult court.  He noted that                 
  the legislation attempts to include  juvenile offenders.  He                 
  suggesetd that, "juvenile  adjudication", be added to  lines                 
  13 and 15, on page 1, after "conviction".                                    
                                                                               
  Representative Brown MOVED to RESCIND the Committee's action                 
  in passing CSHRJ 43 (FIN) out  of Committee, for the purpose                 
  of considering an amendment.   There being NO OBJECTION,  it                 
  was so ordered.                                                              
                                                                               
  Representative Brown MOVED to RESCIND the Committee's action                 
  in adopting Amendment 3.   There being NO OBJECTION,  it was                 
  so ordered.   Representative Brown MOVED to  insert, "before                 
  or after  conviction or  juvenile adjudication"  on page  1,                 
  lines 13 and 15;  and "seek" after "to" on page  1, line 14.                 
  There being NO OBJECTION, it was so ordered.                                 
                                                                               
  Representative Martin MOVED to report CSHJR 43 (FIN) out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CSHJR 43  (FIN) was  reported out  of Committee  with a  "do                 
  pass" recommendation and  with a fiscal  impact note by  the                 
  Office of  the Governor,  dated 1/13/95;  and with  two zero                 
  fiscal notes  by  the Department  of Public  Safety and  the                 
  Department of Corrections, dated 1/13/94.