04/05/1993 09:20 AM Senate STA

  SENATOR  LEMAN  brought  CSHB  64(FIN)  (ANTI-STALKING  LAW)                 
  before the committee.                                                        
                                                                               
  SENATOR  MILLER  moved  that SCS  CSHB  64(STA)  be adopted.                 
  Hearing no objection, the motion carried.                                    
                                                                               
                                                                               
  Number 040                                                                   
                                                                               
  MARGO KNUTH, Criminal Division, Department of Law, said that                 
  if there is  to be an  affirmative defense specifically  set                 
  out  for  this  crime,  she  believes  it  is  important  to                 
  acknowledge that  it is a question  of law for the  judge to                 
  decide.  She suggested  adding a sentence that  is patterned                 
  after existing  statute, AS 11.76.110, that would accomplish                 
  that.    It  is the  same  principle  that  applies for  the                 
  affirmative defenses to entrapment, mistake  of law, and the                 
  question  of   whether   somebody   was   exercising   their                 
  constitutional rights.                                                       
                                                                               
  Number 075                                                                   
                                                                               
  SENATOR  TAYLOR moved the  following amendment  suggested by                 
  Ms. Knuth:                                                                   
                                                                               
  Page 2, line 27:  Following  the word "section" add "whether                 
  an  act  of the  defendant  is a  constitutionally protected                 
  activity is a  question of law to be determined by the court                 
  before trial".                                                               
                                                                               
  SENATOR MILLER objected for discussion purposes.  He said he                 
  thinks a jury should  have the ability to  determine whether                 
  this is a  constitutionally protected activity.   Because of                 
  political  questions,  the judge  may  decide  it  is not  a                 
  constitutionally protected activity  when in reality it  may                 
  be.  MS. KNUTH said it is actually a question of law whether                 
  it  was constitutionally protected,  and that actually isn't                 
  something that can be changed.  There is a factual component                 
  to it and  that will always remain with the jury.  Questions                 
  of  law  are decided  by judges  and  questions of  fact are                 
  decided by juries.                                                           
                                                                               
  Number 112                                                                   
                                                                               
  SENATOR TAYLOR withdrew  his motion to adopt  the amendment,                 
  saying he thinks  that the current state of the  law is such                 
  that whether this  is inserted  now or whether  it is  never                 
  inserted into the bill, the question  is still one that lies                 
  within the jurisdiction of the court to determine.                           
                                                                               
  Number 148                                                                   
                                                                               
  CINDY SMITH, Executive Director, Alaska Network on  Domestic                 
  Violence and Sexual Assault, stated the Network's support of                 
  the  Department  of  Law's  position.   She  urged  that the                 
  committee consider adopting the amendment.                                   
                                                                               
  Number 164                                                                   
                                                                               
  SENATOR MILLER moved that SCS CSHB  64(STA) be passed out of                 
  committee  with  individual  recommendations.    Hearing  no                 
                                                                               
                                                                               
  objection, it was so ordered.                                                
  SENATOR LEMAN stated  the committee would return  briefly to                 
  HB  64  for consideration  of  a proposed  Senate  Letter of                 
  Intent.                                                                      
                                                                               
  SENATOR  MILLER moved  that the Senate  Letter of  Intent be                 
  adopted.  Hearing no objection, the motion carried.