Legislature(2005 - 2006)CAPITOL 120

02/24/2006 02:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
*+ HB 441 THERAPEUTIC COURT FOR DUI/SENTENCING TELECONFERENCED
Moved Out of Committee
+ HB 93 DENTISTS AND DENTAL HYGIENISTS TELECONFERENCED
Moved CSHB 93(JUD) Out of Committee
*+ HB 446 PENALTY FOR UNLAWFUL TRADE PRACTICE TELECONFERENCED
Moved CSHB 446(JUD) Out of Committee
+= Bills Previously Heard/Scheduled TELECONFERENCED
= HB 329 BAIL RESTRICTIONS
Moved CSHB 329(JUD) Out of Committee
= HB 414 INTERCEPTION OF MINOR'S COMMUNICATIONS
Heard & Held
HB 329 - BAIL RESTRICTIONS                                                                                                    
                                                                                                                                
2:18:43 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that the  first order of  business would                                                               
be HOUSE  BILL NO. 329, "An  Act relating to bail."   [Before the                                                               
committee was  a proposed committee  substitute (CS) for  HB 329,                                                               
Version 24-LS1302\F,  Luckhaupt, 2/14/06, which had  been adopted                                                               
as  the  work  draft  on  2/23/06; in  committee  packets  was  a                                                               
proposed  committee  substitute  (CS)  for HB  329,  Version  24-                                                               
LS1302\Y, Luckhaupt, 2/23/06.]                                                                                                  
                                                                                                                                
The committee took an at-ease from 2:19 p.m. to 2:20 p.m.                                                                       
                                                                                                                                
2:20:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL moved  to adopt  the proposed  CS for  HB
329, Version 24-LS1302\Y, Luckhaupt,  2/23/06, as the work draft.                                                               
There being no objection, Version Y was before the committee.                                                                   
                                                                                                                                
2:21:01 PM                                                                                                                    
                                                                                                                                
BEN  MULLIGAN,  Staff  to   Representative  Bill  Stoltze,  House                                                               
Finance  Committee, Alaska  State Legislature,  one of  the prime                                                               
sponsors of HB  329, relayed on behalf  of Representative Stoltze                                                               
that  Version Y  will allow  the court  to temporarily  release a                                                               
defendant for the death of an  immediate family member or for the                                                               
birth of the  defendant's child if the defendant  is charged with                                                               
a misdemeanor  or a class  B or C  felony and the  court solicits                                                               
and  considers information  from  the  Department of  Corrections                                                               
(DOC) regarding the defendant's conduct while incarcerated.                                                                     
                                                                                                                                
2:21:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG referred  to  Amendment  1, which  read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Page 1, Line 11, following "defendant"                                                                                     
          Insert "who has not satisfied bail"                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG asked whether  there is any problem with                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL [although no  formal motion had been made]                                                               
objected for the purpose of discussion.                                                                                         
                                                                                                                                
MR.  MULLIGAN  relayed  that  the   sponsor,  the  DOC,  and  the                                                               
Department of Law (DOL) have  indicated that they are amenable to                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG [made a motion to adopt] Amendment 1.                                                                  
                                                                                                                                
CHAIR  McGUIRE, in  response to  a question,  offered her  belief                                                               
that the bill's current language is  clear, but added that she is                                                               
amenable to Amendment 1 if others are.                                                                                          
                                                                                                                                
REPRESENTATIVE COGHILL removed his objection.                                                                                   
                                                                                                                                
CHAIR McGUIRE asked whether there  were any further objections to                                                               
Amendment 1.  There being none, Amendment 1 was adopted.                                                                        
                                                                                                                                
2:23:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  moved to  report the  proposed CS  for HB
329, Version 24-LS1302\Y, Luckhaupt,  2/23/06, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal notes.   There being no objection,  CSHB 329(JUD) was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
REPRESENTATIVE   GRUENBERG   thanked    the   sponsor   and   the                                                               
administration for working with him to address his concerns.                                                                    
                                                                                                                                
[CSHB 329(JUD) was reported from committee.]                                                                                    
                                                                                                                                

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