Legislature(2003 - 2004)

05/15/2003 08:39 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 244                                                                                                            
                                                                                                                                
     An  Act relating  to  the  Code of  Criminal  Procedure;                                                                   
     relating   to   defenses,  affirmative   defenses,   and                                                                   
     justifications  to certain  criminal  acts; relating  to                                                                   
     rights   of   prisoners   after  arrest;   relating   to                                                                   
     discovery,   immunity   from  prosecution,   notice   of                                                                   
     defenses, admissibility  of certain evidence,  and right                                                                   
     to representation  in criminal proceedings;  relating to                                                                   
     sentencing,   probation,   and   discretionary   parole;                                                                   
     amending  Rule 16, Alaska  Rules of Criminal  Procedure,                                                                   
     and  Rules  404, 412,  609,  and  803, Alaska  Rules  of                                                                   
     Evidence; and providing for an effective date.                                                                             
                                                                                                                                
Co-Chair  Harris MOVED  to  report  CS HB  244  (JUD) out  of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying   fiscal   notes.      Representative   Kerttula                                                                   
OBJECTED.                                                                                                                       
                                                                                                                                
Representative   Kerttula  stated   that   there  are   major                                                                   
constitutional  questions  about the  right  to  trial.   She                                                                   
spoke  about  concerns  with the  "here  say  testimony"  and                                                                   
pointed out  that in the  disclosure of information  section,                                                                   
the bill precludes some case witnesses.   She warned that the                                                                   
constitutional issues were very "heavy" in the bill.                                                                            
                                                                                                                                
Representative Kerttula WITHDREW her OBJECTION.                                                                                 
                                                                                                                                
CS  HB  244   (JUD)  was  reported  out  of   Committee  with                                                                   
"individual recommendations" and  with zero fiscal note #1 by                                                                   
the Department  of Law, fiscal  note #2 by the  Department of                                                                   
Corrections  and   fiscal  note  #3  by  the   Department  of                                                                   
Administration.                                                                                                                 
                                                                                                                                

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