03/16/1999 11:51 AM Senate RLS

                                                                                                                                
SENATOR LEMAN moved to calendar all versions of SENATE BILL NO.                                                                 
5(JUD) "An Act relating to the crime of misprision of felony."                                                                  
                                                                                                                                
SENATOR ELLIS objected and asked whether any changes were                                                                       
incorporated into the bill after it passed out of the Senate                                                                    
Judiciary Committee.                                                                                                            
                                                                                                                                
SENATOR PEARCE confirmed that no changes were made to the Senate                                                                
Judiciary Committee version in the Senate Finance Committee.  She                                                               
clarified that the Senate Judiciary Committee version allows for an                                                             
affirmative defense if the defendant does not report for fear of                                                                
substantial risk or physical injury, and the classification of the                                                              
crime of misprision of felony was lowered to a class A misdemeanor.                                                             
She noted the bill contains no fix for the "catch-22" concern that                                                              
a person has the right to not incriminate him/herself, however all                                                              
other concerns, including those of Anne Carpeneti, were addressed.                                                              
                                                                                                                                
SENATOR ELLIS maintained his objection.  The motion to calendar all                                                             
versions of SB 5 carried with Senators Miller, Pearce, Leman, and                                                               
Kelly voting "yea," and Senator Ellis voting "nay."