Legislature(2001 - 2002)

04/08/2002 01:45 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 317 - STALKING & PROTECTIVE ORDERS                                                                                         
                                                                                                                                
Number 0021                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG  announced that the  first order of  business would                                                              
be HOUSE BILL NO.  317, "An Act relating to stalking  and amending                                                              
Rule  4, Alaska  Rules  of Civil  Procedure,  and  Rule 9,  Alaska                                                              
Rules  of Administration."   [Adopted  as a work  draft on  3/6/02                                                              
was the  proposed committee  substitute (CS)  for HB 317,  version                                                              
22-LS1258\J, Luckhaupt,  3/5/02.]   Chair Rokeberg noted  that the                                                              
committee also  had for its  consideration the proposed  committee                                                              
substitute  (CS)  for  HB  317,  version  22-LS1258\R,  Luckhaupt,                                                              
4/5/02.                                                                                                                         
                                                                                                                                
Number 0029                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ moved  to adopt  the proposed  committee                                                              
substitute  (CS)  for  HB  317,  version  22-LS1258\R,  Luckhaupt,                                                              
4/5/02, as  a work  draft.   There being  no objection,  Version R                                                              
was before the committee.                                                                                                       
                                                                                                                                
Number 0072                                                                                                                     
                                                                                                                                
DAVID  D'AMATO, Staff  to  Representative  Harry Crawford,  Alaska                                                              
State  Legislature, sponsor,  said,  on behalf  of  Representative                                                              
Crawford, that to  alleviate concerns expressed by  the committee,                                                              
Version  R  does  not  include  the  mandatory  arrest  provisions                                                              
regarding child protective injunctions.  He elaborated:                                                                         
                                                                                                                                
     [Subsections  (a)(1)  and   (2)  of  Section  1]  simply                                                                   
     identify  how someone  goes about  committing the  crime                                                                   
     of violating  a protective  order.  [Subsection  (a)(1)]                                                                   
     indicates  that  that  section is  a  domestic  violence                                                                   
     protective  order,  and  [subsection  (a)(2)]  indicates                                                                   
     that  it is now  a new  ... [paragraph]  for a  stalking                                                                   
     protective order.   Section 2 of the bill  ... redefines                                                                   
     a domestic  violence protective  order on [page  2, line                                                                   
     6]; that's  redefined as  AS 11.56.740(a)(1), which,  as                                                                   
     I  stated earlier,  just  refers  only to  the  domestic                                                                   
     violence  protective  order, which  is  already in  law.                                                                   
     So,  there's   no  mandatory   arrest  for  a   stalking                                                                   
     protective order under ... [Version R].                                                                                    
                                                                                                                                
     Section  3 gets  into the  particulars  of the  stalking                                                                   
     protective  orders,  and this  - again,  to  accommodate                                                                   
     the   committee   -  follows   the   domestic   violence                                                                   
     protective-order  language as  closely as  it can  while                                                                   
     still  maintaining  that  it's   acting  as  a  stalking                                                                   
     protective  order.    In  this   regard,  the  bill  was                                                                   
     modified  to   that  method   to  make  it   easier  for                                                                   
     practitioners   to  understand   what  the   legislative                                                                   
     intent  was.   ... Nothing  else has  really changed  in                                                                   
     terms  of the  definitions;  it's just  simply  followed                                                                   
     the domestic  violence protective-order bill,  which was                                                                   
     the majority of the committee's concern.                                                                                   
                                                                                                                                
Number 0235                                                                                                                     
                                                                                                                                
ANNE  CARPENETI,   Assistant  Attorney  General,   Legal  Services                                                              
Section-Juneau, Criminal  Division, Department of Law  (DOL), said                                                              
simply that the DOL supports HB 317.                                                                                            
                                                                                                                                
Number 0333                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES  moved  to  report  the  proposed  committee                                                              
substitute  (CS)  for  HB  317,  version  22-LS1258\R,  Luckhaupt,                                                              
4/5/02, out of  committee with individual recommendations  and the                                                              
[accompanying]  fiscal  notes.   There  being no  objection,  CSHB
317(JUD)  was  reported  out  of   the  House  Judiciary  Standing                                                              
Committee.                                                                                                                      

Document Name Date/Time Subjects