04/14/1999 01:20 PM House JUD

HB 34 - REPORTING CRIMES AGAINST CHILDREN                                                                                       
                                                                                                                                
CHAIRMAN KOTT announced the next order of business is HB 34, "An                                                                
Act relating to the crime of misprision of a crime against a                                                                    
child."                                                                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG made a motion to rescind the prior action                                                               
of reporting CSHB 34(JUD) out of the committee.  There being no                                                                 
objection, it was so moved and before the committee again.                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG made a motion to adopt the proposed                                                                     
committee substitute for HB 34, version 1-LS0241\H, as a work                                                                   
draft.  There being no objection, it was so moved.                                                                              
                                                                                                                                
Number 581                                                                                                                      
                                                                                                                                
CORY WINCHELL, Administrative Assistant to Representative Pete                                                                  
Kott, Alaska State Legislature, explained that in a sort of ad hoc                                                              
subcommittee meeting with Representative Kerttula and Jerry                                                                     
Luckhaupt [Attorney, Legislative Legal Counsel, Legislative Legal                                                               
and Research Services, Legislative Affairs Agency] there was some                                                               
discussion on the problem with the word "attempt."  Mr. Luckhaupt                                                               
mentioned that on page 1, line 10, where it reads, "or a felony                                                                 
attempt to commit one of those crimes," there needs to be more                                                                  
clarification.                                                                                                                  
                                                                                                                                
REPRESENTATIVE CROFT pointed out that in some cases attempt, being                                                              
that it is one level lower than the crime, might actually be a                                                                  
misdemeanor.                                                                                                                    
                                                                                                                                
MR. WINCHELL responded that within the purview of misprision,                                                                   
Representative Kerttula and Mr. Luckhaupt wanted it to be a                                                                     
felonious attempt, and wanted it to be clear so there aren't any                                                                
problems in a prosecution, for example.                                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG made a motion to move the proposed                                                                      
committee substitute for HB 34 from the committee with individual                                                               
recommendations and the attached zero fiscal note(s).  There being                                                              
no objection, the new CSHB 34(JUD) was so moved from the House                                                                  
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
CHAIRMAN KOTT called for a brief at-ease at 1:29 p.m. and called                                                                
the committee back to order at 1:31 p.m.