03/31/1993 01:55 PM Senate JUD

 SENATOR TAYLOR returned HB 64 (ANTI-STALKING LAW) to Judiciary                
 Committee and asked for the pleasure of the committee.                        
                                                                               
 SENATOR LITTLE requested some information on a proposed                       
 amendment, and SENATOR DONLEY moved a Letter of Intent which                  
 reads:                                                                        
  "It is the intent of the legislature that, in                                
 prosecutions for the offense of stalking in the first degree                  
 in violation of AS 11.41.260 or staling in the second degree                  
 in violation of AS 11.41.270, the State of alaska must prove                  
 beyond a reasonable doubt that the victim was placed in actual                
 fear of death or physical injury by the defendant's course of                 
 conduct.  This gives the same meaning to the phrase                           
 "recklessly places another person in fear" as given to that                   
 phrase in the offense of assault in the third degree in                       
 violation of AS 11.41.220(a)(1) ("recklessly places another                   
 person in fear of imminent serious physical injury by means                   
 of a dangerous instrument").  This is also consistent with the                
 decision of the Alaska Court of Appeals in DeHart v. State,                 
 781 P.2d 989 (Alaska Ct. App. 1989)."                                         
                                                                               
 SENATOR TAYLOR asked MARGO KNUTH for her opinion of the letter                
 of intent, and she had no objections.                                         
                                                                               
 Number 070                                                                    
                                                                               
 SENATOR DONLEY moved to pass his Letter of Intent, as read.                   
 Without objections, so ordered.                                               
                                                                               
 SENATOR HALFORD moved to pass CS FOR HOUSE BILL NO. 64(FIN)                   
 as amended (ANTI-STALKING LAW) from committee with individual                 
 recommendations.  Without objections, so ordered.