Legislature(2009 - 2010)CAPITOL 120

03/26/2010 01:00 PM House JUDICIARY


Download Mp3. <- Right click and save file as

Audio Topic
01:13:26 PM Start
01:13:50 PM HB324
03:08:44 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 324 FAILURE TO APPEAR; RELEASE PROCEDURES TELECONFERENCED
Moved CSHB 324(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 26, 2010                                                                                         
                           1:13 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative Carl Gatto                                                                                                       
Representative Bob Herron                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Max Gruenberg                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 324                                                                                                              
"An Act relating  to the crime of failure to  appear; relating to                                                               
arrest for  violating certain conditions of  release; relating to                                                               
release  before  trial,  before  sentence,  and  pending  appeal;                                                               
relating to  material witnesses;  relating to  temporary release;                                                               
relating to release  on a petition to  revoke probation; relating                                                               
to the first  appearance before a judicial  officer after arrest;                                                               
relating to  service of process for  domestic violence protective                                                               
orders; making  conforming amendments;  amending Rules 5  and 41,                                                               
Alaska  Rules  of Criminal  Procedure,  and  Rules 206  and  603,                                                               
Alaska  Rules  of  Appellate  Procedure;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 324(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 324                                                                                                                  
SHORT TITLE: FAILURE TO APPEAR; RELEASE PROCEDURES                                                                              
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/03/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/03/10       (H)       JUD, FIN                                                                                               
03/19/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/19/10       (H)       Heard & Held                                                                                           
03/19/10       (H)       MINUTE(JUD)                                                                                            
03/22/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/22/10       (H)       Heard & Held                                                                                           
03/22/10       (H)       MINUTE(JUD)                                                                                            
03/26/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SUSAN McLEAN, Division Director                                                                                                 
Legal Services Section                                                                                                          
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified and answered questions during                                                                  
discussion of HB 324.                                                                                                           
                                                                                                                                
PEGGY BROWN, Executive Director                                                                                                 
Alaska Network on Domestic Violence & Sexual Assault (ANDVSA)                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified and answered questions during                                                                  
discussion of HB 324.                                                                                                           
                                                                                                                                
JANE PIERSON, Staff                                                                                                             
to Representative Ramras                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Explained Amendment 2, during discussion of                                                              
HB 324.                                                                                                                         
                                                                                                                                
QUINLAN STEINER, Director                                                                                                       
Central Office                                                                                                                  
Public Defender Agency                                                                                                          
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified and answered questions during                                                                  
discussion of Amendment 2 to HB 324.                                                                                            
                                                                                                                                
DWAYNE PEEPLES, Deputy Commissioner                                                                                             
Office of the Commissioner - Juneau                                                                                             
Department of Corrections (DOC)                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified and answered questions during                                                                  
discussion of HB 324.                                                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:13:26 PM                                                                                                                    
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to order  at 1:13  p.m.   Representatives Ramras,  Lynn,                                                               
Dahlstrom,  and  Herron  were  present  at  the  call  to  order.                                                               
Representatives Gatto  and Holmes arrived  as the meeting  was in                                                               
progress.  Representative Gruenberg was excused.                                                                                
                                                                                                                                
         HB 324 - FAILURE TO APPEAR; RELEASE PROCEDURES                                                                     
                                                                                                                                
1:13:50 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the only order of  business would be                                                               
HOUSE BILL NO.  324, "An Act relating to the  crime of failure to                                                               
appear; relating  to arrest for  violating certain  conditions of                                                               
release; relating  to release before trial,  before sentence, and                                                               
pending  appeal;  relating  to material  witnesses;  relating  to                                                               
temporary release;  relating to release  on a petition  to revoke                                                               
probation;  relating to  the first  appearance before  a judicial                                                               
officer  after  arrest;  relating   to  service  of  process  for                                                               
domestic   violence   protective    orders;   making   conforming                                                               
amendments; amending  Rules 5  and 41,  Alaska Rules  of Criminal                                                               
Procedure,  and Rules  206  and 603,  Alaska  Rules of  Appellate                                                               
Procedure; and providing for an effective date."                                                                                
                                                                                                                                
1:15:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to  adopt CSHB  324(JUD), Version                                                               
26-GH2910\R, Luckhaupt, 3/26/10, as  the working document.  There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
1:18:09 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS indicated  that the  committee would  be addressing                                                               
amendments to Version R.                                                                                                        
                                                                                                                                
1:18:36 PM                                                                                                                    
                                                                                                                                
SUSAN   McLEAN,  Division   Director,  Legal   Services  Section,                                                               
Criminal  Division,  Department  of  Law  (DOL),  explained  that                                                               
Version R attempts to address  some of the questions and concerns                                                               
that were  raised during the earlier  hearings on the bill.   She                                                               
directed attention to  page 2, line 10 of Version  A, and pointed                                                               
to  the deletion  of "or  judicial officer"  in Version  R.   She                                                               
opined that  it would be  reasonable for the attorney  to contact                                                               
the judicial  officer.  She pointed  to the addition of  "for any                                                               
appearance  of that  person" on  page 2,  line 13,  and described                                                               
this as a stylistic change.   She stated that Section 1(c)(3) was                                                               
deleted in Version R.                                                                                                           
                                                                                                                                
1:21:30 PM                                                                                                                    
                                                                                                                                
MS.  McLEAN described  the next  changes to  be that  on page  4,                                                               
lines 14-16, Version A, Section  3(d)(2) is removed in Version R,                                                               
and  page 4,  line  15 of  Version R  adds  "the defendant  shall                                                               
notify the  surety;".  She  shared the  addition to Version  R on                                                               
page 4, lines 24-25, of "and any response by the person".                                                                       
                                                                                                                                
MS. McLEAN  directed attention to  Version A, Section  3(h), page                                                               
5, line 6, and stated that  "before a judicial officer" and "in a                                                               
court of law" are deleted in  Version R.  She explained that page                                                               
5, line 10 of Version R  clarifies that it is the person's lawyer                                                               
who  is required  to notify  the court  and prosecuting  attorney                                                               
should the person change residence.                                                                                             
                                                                                                                                
1:24:52 PM                                                                                                                    
                                                                                                                                
MS. McLEAN  moved to page  6, line 11, Section  4(b)(12), Version                                                               
R, and stated that this is  now broadened to include contact with                                                               
"a  law enforcement  officer  or agency."   On  page  7, line  9,                                                               
Version R,  Section 4(d),  "detention" has  been deleted  and for                                                               
Section  4(d)(2),  Version   R,  "that  may  be   overcome  by  a                                                               
preponderance of  evidence," is  also deleted.   She acknowledged                                                               
that  there may  be  concern about  this, but  that  the DOL  has                                                               
different language to suggest.                                                                                                  
                                                                                                                                
1:27:23 PM                                                                                                                    
                                                                                                                                
MS. McLEAN  said that  page 9,  line 29,  Version R,  changes the                                                               
contact to  include "electronic communication" in  order to avoid                                                               
litigation over any electronic technology.   She moved on to page                                                               
10, line  29, Version R,  which allows the third  party custodian                                                               
to appear by telephone.                                                                                                         
                                                                                                                                
1:30:07 PM                                                                                                                    
                                                                                                                                
MS. McLEAN shared  the next change to be that  (c)(2) on page 11,                                                               
line 21-23, Version  A, is deleted.  She stated  that only crimes                                                               
against persons  should be grounds  to not appoint a  third party                                                               
custodian.  She  also pointed to the deletion of  "one or more of                                                               
the following apply:" on page 11, lines 17-18, Version A.                                                                       
                                                                                                                                
1:31:37 PM                                                                                                                    
                                                                                                                                
MS. McLEAN  continued on page  11, lines 17-18, Version  R, which                                                               
added  that a  custodian could  be  a non-resident  if they  were                                                               
residing in  the state while serving  as a custodian.   She moved                                                               
on to page 13, line 26, Version  R, and noted that class C felony                                                               
was now removed.  She declared  that page 16, line 24, Version R,                                                               
was corrected  to say "necessary  delay" for a period  of "forty-                                                               
eight"  hours.   She  directed  attention to  page  18, line  16,                                                               
Version R,  which is changed  to read  that the surety  "has been                                                               
notified" and agrees to the change.                                                                                             
                                                                                                                                
1:34:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON asked whether  a surety would disagree with                                                               
this change.                                                                                                                    
                                                                                                                                
MS.  McLEAN  replied  that  she   didn't  think  so,  since  this                                                               
provision would ensure  that the surety is notified.   She opined                                                               
that that  there would  not be  an objection  in every  case, and                                                               
that the bond should not be changed without permission.                                                                         
                                                                                                                                
1:36:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON pointed to page  6, line 19, Version R, and                                                               
asked how it  was possible to force an individual  to take new or                                                               
additional medication.                                                                                                          
                                                                                                                                
MS.  McLEAN,  in  response,  explained  that  all  of  the  items                                                               
[paragraphs] listed are  permitted to be ordered by  the court as                                                               
a condition of release.  She  pointed out that this is limited to                                                               
medication already  prescribed, not  new medication,  and assumes                                                               
that  the individual  is already  under  the care  of a  licensed                                                               
health care provider, as referenced in lines 17-18.                                                                             
                                                                                                                                
1:37:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  referred to  page 18, lines  15-17, Version                                                               
R, and asked  if the intent was  to allow the surety  to bind the                                                               
court of making any changes should the surety not agree.                                                                        
                                                                                                                                
MS. McLEAN,  in response to Representative  Gatto, explained that                                                               
a  bail  bond is  a  guarantee  from  the bondsperson,  based  on                                                               
expectations of  the arrested person.   The court can say  to the                                                               
arrested  person  that the  bondsperson  won't  agree to  a  bond                                                               
continuation  if  the  conditions  are  changed;  therefore,  the                                                               
arrested  person needs  to work  with the  bondsperson for  a new                                                               
bond.   She explained that  this arose because of  second arrests                                                               
while out  on bond, and  a bondsperson  only had an  agreement to                                                               
bond for the initial crime.                                                                                                     
                                                                                                                                
REPRESENTATIVE HERRON asked both Ms.  McLean and Ms. Brown for an                                                               
explanation of page 9, lines 24-27, Version R.                                                                                  
                                                                                                                                
MS.  McLEAN explained  that it  allows a  judicial officer,  in a                                                               
criminal court  complaint for stalking,  to order that  any civil                                                               
court protective orders are abided.                                                                                             
                                                                                                                                
1:41:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON asked whether  this provision needs further                                                               
clarification.                                                                                                                  
                                                                                                                                
CHAIR  RAMRAS,  sharing  an  anecdote   of  his  bail  bond  bill                                                               
discussion  with a  judge, said  that  bail provisions  generally                                                               
have two main points:  to  prevent an individual from flight, and                                                               
to protect the community.                                                                                                       
                                                                                                                                
1:44:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO,  referring to page  12, line 4,  Version R,                                                               
asked  if this  should  also include  the place  of  work of  the                                                               
victim.                                                                                                                         
                                                                                                                                
MS. McLEAN  apologized for the  oversight, which was meant  to be                                                               
included into Version R.                                                                                                        
                                                                                                                                
1:45:45 PM                                                                                                                    
                                                                                                                                
PEGGY  BROWN,  Executive  Director, Alaska  Network  on  Domestic                                                               
Violence &  Sexual Assault (ANDVSA),  reported that  three issues                                                               
were paramount for  HB 324:  how offenders  are held accountable;                                                               
how safety  is provided to  victims and communities; and  how the                                                               
governor's initiative  is advanced.  She  suggested amendments to                                                               
provide greater victim protection in  two key provisions.  First,                                                               
she emphasized  that persons with  a history of  violence against                                                               
people  not be  allowed to  be third  party custodians.   Second,                                                               
directing  attention  to  Section  19,  she  recommended  that  a                                                               
defendant  should  not be  notified  that  an application  for  a                                                               
protective order against them has been denied.                                                                                  
                                                                                                                                
[Chair Ramras passed the gavel to Vice-Chair Dahlstrom.]                                                                        
                                                                                                                                
                                                                                                                                
MS. BROWN shared that DOL  agreed that such changes would provide                                                               
better protection  for victims.   In response to a  question from                                                               
Representative Herron,  she asked  for more  time to  consider an                                                               
advocacy response.                                                                                                              
                                                                                                                                
1:49:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON referred to  Section 7(b), page 12, Version                                                               
R,  and  asked  about  increasing   the  physical  area  under  a                                                               
protective order.                                                                                                               
                                                                                                                                
MS. BROWN  replied that  this was  more often  determined through                                                               
judicial discretion.                                                                                                            
                                                                                                                                
1:52:15 PM                                                                                                                    
                                                                                                                                
[Vice Chair Dahlstrom returned the gavel to Chair Ramras.]                                                                      
                                                                                                                                
REPRESENTATIVE HERRON  expressed concern  that a  defendant, even                                                               
under a protective order, can  put undue pressure on the victim's                                                               
family.  He asked if this is truly a concern.                                                                                   
                                                                                                                                
MS.  BROWN  replied  that  this is  quite  common  with  domestic                                                               
violence and  sexual assault crimes,  and can include  family and                                                               
friends of  both the victim  and the perpetrator.   She described                                                               
that her earlier proposed amendment  to the third party custodian                                                               
definition could assuage some of this.                                                                                          
                                                                                                                                
1:55:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO asked  whether  the  proximity issue  still                                                               
needs to be refined.                                                                                                            
                                                                                                                                
MS. BROWN  replied that incidences  of public contact  are common                                                               
between defendant and  victim, and that judicial  officers try to                                                               
set up "zones of safety or zones of no contact."                                                                                
                                                                                                                                
CHAIR   RAMRAS  expressed   gratitude  to   Ms.  Brown   for  her                                                               
contributions toward legislation over the years.                                                                                
                                                                                                                                
1:59:48 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS closed public testimony on HB 324.                                                                                 
                                                                                                                                
2:00:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES moved  to adopt  Amendment 1,  labeled 26-                                                               
GH2910\R.1, Luckhaupt, 3/25/10, which read:                                                                                     
                                                                                                                                
     Page 2, line 4, following "(3)":                                                                                           
          Insert "knowingly"                                                                                                    
                                                                                                                                
     Page 2, lines 5 - 6:                                                                                                       
          Delete "; in this paragraph, the person's act of                                                                      
        not appearing is conduct that does not require a                                                                        
     culpable mental state"                                                                                                     
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for the purpose of discussion.                                                                
                                                                                                                                
REPRESENTATIVE HOLMES  expressed that  this addressed  the "crime                                                               
of a failure to appear" and  she requested a change to the mental                                                               
state requirement.   She reported that Amendment  1 would require                                                               
that an individual is aware of missing the court appearance.                                                                    
                                                                                                                                
2:02:41 PM                                                                                                                    
                                                                                                                                
MS. McLEAN explained that the  addition of a knowing mental state                                                               
beyond what  is currently in  Version R,  places a burden  on the                                                               
state to disprove the reasons  the person did not appear, without                                                               
knowing  what the  reasons were.   She  relayed that  the current                                                               
burden on the  state was to prove the person  knew, and Amendment                                                               
1 would allow that "just forgetting is always a defense."                                                                       
                                                                                                                                
2:05:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON asked how the defendant is notified.                                                                      
                                                                                                                                
MS. McLEAN,  in response to Representative  Herron, reported that                                                               
the  person is  present in  court  and has  signed conditions  of                                                               
release.   The  rules  of  court always  require  that the  court                                                               
announce the next court date during any court hearing.                                                                          
                                                                                                                                
2:05:42 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representative  Holmes voted  in                                                               
favor of  Amendment 1.  Representatives  Lynn, Dahlstrom, Herron,                                                               
Gatto,  and Ramras  voted  against it.    Therefore, Amendment  1                                                               
failed by a vote of 1-5.                                                                                                        
                                                                                                                                
2:06:44 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  moved to adopt Amendment  2, labeled 26-GH2910|A.1,                                                               
Luckhaupt, 2/5/10, which read:                                                                                                  
                                                                                                                                
     Page 1, line 1, following "arrest for":                                                                                  
          Insert "certain crimes and for"                                                                                     
                                                                                                                                
     Page 3, line 3:                                                                                                            
          Delete "or"                                                                                                           
          Insert "[OR]"                                                                                                         
                                                                                                                                
     Page 3, line 5, following "12.30.027;":                                                                                    
          Insert "or                                                                                                        
               (D)  committed a misdemeanor crime against a                                                                 
     person under AS 11.41;"                                                                                              
                                                                                                                                
                                                                                                                                
REPRESENTATIVE HOLMES objected for discussion.                                                                                  
                                                                                                                                
2:06:58 PM                                                                                                                    
                                                                                                                                
JANE  PIERSON,  Staff  to  Representative  Ramras,  Alaska  State                                                               
Legislature, clarified  that part of  the amendment was  based on                                                               
page 3, line 3,  Version A, and noted that it  now refers to page                                                               
3, line  4, Version R.   She  explained that the  amendment would                                                               
give the  authority to a police  officer to make an  arrest under                                                               
another element of crime.                                                                                                       
                                                                                                                                
CHAIR RAMRAS  opined that the  draft read awkwardly, so  he moved                                                               
to adopt this as Conceptual Amendment 2.                                                                                        
                                                                                                                                
MS. McLEAN  explained that Conceptual  Amendment 2 would  allow a                                                               
police  officer  to arrest  for  any  violent misdemeanor  crimes                                                               
against a  person under AS 11.41,  and these do not  have to have                                                               
been  committed in  the  presence  of the  police  officer.   She                                                               
expressed the DOL  concern with the ability for  a police officer                                                               
to arrest  without a  warrant, as  it may  not allow  that enough                                                               
time is taken to investigate and fully prosecute.                                                                               
                                                                                                                                
2:11:00 PM                                                                                                                    
                                                                                                                                
MS. BROWN agreed with  the DOL.  She noted that  she had not seen                                                               
Amendment  2,   and  was  still   a  bit  unclear  of   the  full                                                               
ramifications.                                                                                                                  
                                                                                                                                
CHAIR RAMRAS asked for a better explanation.                                                                                    
                                                                                                                                
MS.  McLEAN explained  that a  misdemeanor crime  under AS  11.41                                                               
required a  police officer to get  an arrest warrant if  they did                                                               
not see the  crime committed.  She relayed that  the necessity to                                                               
fill  out a  probable cause  for  a warrant  would encourage  the                                                               
officer  to further  investigate, whereas  the ability  to simply                                                               
arrest an individual would not.                                                                                                 
                                                                                                                                
2:14:18 PM                                                                                                                    
                                                                                                                                
QUINLAN  STEINER,  Director,   Central  Office,  Public  Defender                                                               
Agency,  Department of  Administration, said  that the  amendment                                                               
was  a  radical   shift  from  the  way   things  were  currently                                                               
conducted.                                                                                                                      
                                                                                                                                
CHAIR RAMRAS withdrew Amendment 2.                                                                                              
                                                                                                                                
2:15:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES moved  to adopt  Amendment 3,  labeled 26-                                                               
GH2910\R.2, Luckhaupt, 3/25/10, which read:                                                                                     
                                                                                                                                
     Page 5, lines 28 - 31:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for the purpose of discussion.                                                                
                                                                                                                                
REPRESENTATIVE HOLMES offered her  understanding that Amendment 3                                                               
would delete the requirements addressing  employment.  She stated                                                               
that  the purpose  of  a  bail hearing  is  to  determine if  the                                                               
defendant  is a  danger  to anyone  and if  they  will appear  in                                                               
court.    She opined  that  the  employment requirements  had  no                                                               
bearing on  either of these;  hence, it  was not relevant  to the                                                               
intentions of bail.                                                                                                             
                                                                                                                                
MS.  McLEAN relayed  that under  the current  bail statutes,  the                                                               
court  first  considers ties  to  the  community, and  the  third                                                               
consideration is employment.   She opined that  it was reasonable                                                               
to maintain these requirements.                                                                                                 
                                                                                                                                
REPRESENTATIVE HOLMES withdrew Amendment 3.                                                                                     
                                                                                                                                
2:18:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES moved  to adopt  Amendment 4,  labeled 26-                                                               
GH2910\R.3, Luckhaupt, 3/25/10, which read:                                                                                     
                                                                                                                                
     Page 6, line 18, following "recommendations":                                                                              
          Insert "if the treatment recommendations are                                                                          
     necessary to prevent the defendant from being a danger                                                                     
     to others"                                                                                                                 
                                                                                                                                
     Page 6, line 20, following "authority":                                                                                    
          Insert "if the medication is necessary to prevent                                                                     
     the defendant from being a danger to others"                                                                               
                                                                                                                                
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for the purpose of discussion.                                                                
                                                                                                                                
REPRESENTATIVE  HOLMES  said  that   Amendment  4  addresses  the                                                               
requirement for  a person  to maintain  medication and  adds that                                                               
this is  necessary only if  this will prevent the  defendant from                                                               
being  a danger  to others.    She expressed  that, instead,  her                                                               
intent was  to limit this  to psychotropic medications  which may                                                               
affect whether the defendant would appear.                                                                                      
                                                                                                                                
2:20:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN   replied  that  an  insulin   shot  may  be                                                               
necessary for the defendant to appear.                                                                                          
                                                                                                                                
MS.   McLEAN,  in   response,  opined   that   Amendment  4   was                                                               
superfluous.                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES withdrew Amendment 4.                                                                                     
                                                                                                                                
2:20:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES moved  to adopt  Amendment 5,  labeled 26-                                                               
GH2910\R.4, Luckhaupt, 3/26/10, which read:                                                                                     
                                                                                                                                
     Page 7, lines 9 - 29:                                                                                                      
          Delete all material.                                                                                                  
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for the purpose of discussion.                                                                
                                                                                                                                
REPRESENTATIVE HOLMES said that this  "goes right to the heart of                                                               
the bill."   She  declared that  this section  creates rebuttable                                                               
presumption and  shifts the  burden from  the prosecutors  to the                                                               
defendant.  She  opined that leaving this in the  bill could lead                                                               
to  longer bail  hearings, and  it strikes  at the  right of  all                                                               
Alaskans to  bail.   She expressed  her main  concern to  be with                                                               
subparagraph (B), page  7, line 18, which  shifts the presumption                                                               
to anyone  who's been charged  with a  felony and less  than five                                                               
years has elapsed since its  unconditional discharge.  She opined                                                               
that this could represent a  large financial impact on the courts                                                               
and DOL.                                                                                                                        
                                                                                                                                
REPRESENTATIVE HERRON  stated his agreement with  Amendment 5, if                                                               
the standard was kept higher for domestic violence.                                                                             
                                                                                                                                
REPRESENTATIVE  HOLMES  expressed  an interest  in  a  conceptual                                                               
amendment to only delete subparagraph (B), page 7, lines 18-21.                                                                 
                                                                                                                                
2:24:54 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representative  Holmes voted  in                                                               
favor of Amendment 5.   Representatives Dahlstrom, Herron, Gatto,                                                               
Lynn,  and  Ramras voted  against  it.   Therefore,  Amendment  5                                                               
failed by a vote of 1-5.                                                                                                        
                                                                                                                                
2:25:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES moved  to adopt  Amendment 6,  labeled 26-                                                               
GH2910|R.7, Luckhaupt, 3/26/10, which read:                                                                                     
                                                                                                                                
     Page 8, lines 11 - 15:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 8, line 31, through page 9, line 4:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for discussion.                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES  explained that Amendment 6  deals with the                                                               
issue  of  warrantless  searches,  which  would  require  certain                                                               
people released on  bail to submit to warrantless  searches, as a                                                               
condition of bail.  She stated  that this forces an individual to                                                               
give  up   a  constitutional   right  in   order  to   receive  a                                                               
constitutional right.                                                                                                           
                                                                                                                                
2:27:03 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representative  Holmes voted  in                                                               
favor of Amendment 6.   Representatives Dahlstrom, Herron, Gatto,                                                               
Lynn,  and  Ramras voted  against  it.   Therefore,  Amendment  6                                                               
failed by a vote of 1-5.                                                                                                        
                                                                                                                                
2:27:26 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  moved to adopt Amendment  7, labeled 26-GH2910\R.9,                                                               
Luckhaupt, 3/26/10, which read:                                                                                                 
                                                                                                                                
     Page 11, following line 10:                                                                                                
     Insert a new paragraph to read:                                                                                            
               "(2)  the proposed custodian has been                                                                            
     convicted in the previous five years of a crime under                                                                      
         AS 11.41 or a similar crime in this or another                                                                         
     jurisdiction;"                                                                                                             
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for the purpose of discussion.                                                                
                                                                                                                                
CHAIR RAMRAS moved  to adopt a conceptual  amendment to Amendment                                                               
7, as follows:                                                                                                                  
                                                                                                                                
     Delete "five years"                                                                                                        
     Insert "three years"                                                                                                       
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
CHAIR  RAMRAS  offered  his  belief   that  people  in  alcoholic                                                               
recovery were often in the  three to five year [recovery] window,                                                               
and this  would allow  them mentorship to  others in  recovery by                                                               
acting as a third party custodian.                                                                                              
                                                                                                                                
2:29:34 PM                                                                                                                    
                                                                                                                                
MS.  McLEAN  agreed that  Amendment  7,  as  amended, is  a  good                                                               
compromise.                                                                                                                     
                                                                                                                                
CHAIR RAMRAS  pointed out  that a person  convicted of  a violent                                                               
crime against  people would  still be excluded  as a  third party                                                               
custodian.                                                                                                                      
                                                                                                                                
MS. BROWN  agreed that it  is a  good compromise, and  this would                                                               
benefit many Alaskans.                                                                                                          
                                                                                                                                
CHAIR RAMRAS asked if three years is a correct number.                                                                          
                                                                                                                                
MS. BROWN agreed that three to five years is correct.                                                                           
                                                                                                                                
REPRESENTATIVE DAHLSTROM removed her objection.                                                                                 
                                                                                                                                
There being  no further objection,  Amendment 7, as  amended, was                                                               
passed.                                                                                                                         
                                                                                                                                
2:31:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES moved  to adopt  Amendment 8,  labeled 26-                                                               
GH2910\R.8, Luckhaupt, 3/26/10, which read:                                                                                     
                                                                                                                                
     Page 14, line 14:                                                                                                          
          Delete ", unless further detention is necessary                                                                       
     to prevent a failure of justice"                                                                                           
                                                                                                                                
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for discussion.                                                                               
                                                                                                                                
REPRESENTATIVE  HOLMES   explained  that  proposed   Amendment  8                                                               
referred to the detention of  a material witness, as mentioned on                                                               
page 14, line 12.  She stated  that a witness may not be detained                                                               
if  the testimony  can be  adequately obtained  by a  deposition.                                                               
She  offered her  belief that  Amendment 8  would delete  wording                                                               
that was broad and unnecessary.                                                                                                 
                                                                                                                                
2:32:41 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  expressed support for the  more aggressive language                                                               
which he  deemed was in  support of  victims, and stated  that he                                                               
was against Amendment 8.                                                                                                        
                                                                                                                                
MS. McLEAN opined that in  many cases the deposition will resolve                                                               
the problem  of a witness'  failure to  appear.  She  pointed out                                                               
that  a  witness   may  give  a  deposition,  but   this  may  be                                                               
challenged,  so   this  allows  the  court   some  direction  for                                                               
adequately obtaining the testimony.                                                                                             
                                                                                                                                
2:34:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO pointed  to page  14, line  13, and  opined                                                               
that  the word  "can" does  not indicate  "was", so  the disputed                                                               
phrase mentioned in Amendment 8 would be proper.                                                                                
                                                                                                                                
MS.  BROWN expressed  two concerns:  one,  it would  seem that  a                                                               
material  witness could  be detained  indefinitely  until it  was                                                               
shown there  was not going to  be a failure of  justice, and two,                                                               
there was  concern that it would  be used "to force  a witness to                                                               
be  a part  of  a  mini-trial, if  you  will,  the conditions  of                                                               
release that might endanger her safety."                                                                                        
                                                                                                                                
CHAIR RAMRAS summarized:                                                                                                        
                                                                                                                                
     The policy call  here then, as I understand  it, is the                                                                    
     interest in the fact that  a deposition may result in a                                                                    
     failure  of a  witness  to appear;  so  the concern  of                                                                    
     being able to  prosecute and the benefit  that would be                                                                    
     derived by the victim  and the victim's family [stands]                                                                    
     against  a  concern that  a  reluctant  witness may  be                                                                    
     forced  to  participate  in   a  proceeding  which  may                                                                    
     undermine their sense of safety and security.                                                                              
                                                                                                                                
CHAIR RAMRAS expressed his opposition to Amendment 8.                                                                           
                                                                                                                                
REPRESENTATIVE HOLMES withdrew Amendment 8.                                                                                     
                                                                                                                                
2:37:08 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS moved to adopt Amendment 9, labeled 26-GH2910\R.10,                                                                
Luckhaupt, 3/16/10, which read:                                                                                                 
                                                                                                                                
     Page 16, line 14, following "chapter.":                                                                                    
          Insert "A judge may not order a peace officer to                                                                  
     serve a petition that has been denied by the court."                                                                   
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for discussion.                                                                               
                                                                                                                                
2:37:58 PM                                                                                                                    
                                                                                                                                
MS. McLEAN shared that some  judges believe that protective order                                                               
petitions  need to  be served  on the  respondent, regardless  of                                                               
whether it  has been granted.   She pointed to page  16, line 14,                                                               
Version R,  and explained that "process"  is an order to  come to                                                               
court, and  is not necessary if  there is nothing to  respond to.                                                               
She said there is no reason to serve a non-complaint.                                                                           
                                                                                                                                
REPRESENTATIVE DAHLSTROM removed her objection.                                                                                 
                                                                                                                                
There being no further objection, Amendment 9 was passed.                                                                       
                                                                                                                                
2:39:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES moved to adopt Amendment 10, labeled 26-                                                                  
GH2910\R.5, Luckhaupt, 3/26/10, which read:                                                                                     
                                                                                                                                
     Page 16, lines 15 - 26:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 20, line 31:                                                                                                          
          Delete "amendments"                                                                                                   
          Insert "amendment"                                                                                                    
                                                                                                                                
     Page 20, line 31, through page 21, line 1:                                                                                 
          Delete "secs. 20 and 21 of this Act apply"                                                                            
          Insert "sec. 20 of this Act applies"                                                                                  
                                                                                                                                
     Page 21, lines 2 - 3:                                                                                                      
          Delete "sec. 24"                                                                                                      
          Insert "sec. 23"                                                                                                      
                                                                                                                                
     Page 21, line 5:                                                                                                           
          Delete "sec. 26"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for discussion.                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES  explained that  this would  delete Section                                                               
20(a)(1),  which  changed the  requirement  for  bail to  be  set                                                               
within twenty-four  hours to forty-eight hours,  thus bringing it                                                               
back to  the original twenty-four  hours.  She  expressed concern                                                               
for the constitutional  right to bail, and she  opined that other                                                               
court decisions  had ruled that  twenty-four hours  was adequate.                                                               
She  expressed  additional concern  that  this  could become  the                                                               
default standard time for all bail.                                                                                             
                                                                                                                                
CHAIR RAMRAS asked if the longer  bail period would put any undue                                                               
pressure on the intake centers.                                                                                                 
                                                                                                                                
2:41:02 PM                                                                                                                    
                                                                                                                                
MS. McLEAN,  in response, said  she did not  know if it  will put                                                               
any undue  pressure, but  she added  that Alaska  is one  of only                                                               
three states to draw that line at twenty-four hours.                                                                            
                                                                                                                                
MS.  BROWN reflected  that forty  eight  hours does  allow for  a                                                               
cooling  off  period, but,  if  it  is weighed  against  resource                                                               
allocation   in  various   communities,   the  only   significant                                                               
advantage is for more time to notify the victim.                                                                                
                                                                                                                                
CHAIR  RAMRAS  asked  if  the cooling  off  period  for  domestic                                                               
violence  victims was  a safety  and security  issue.   He opined                                                               
that the  policy decision  was between this  cooling off  and the                                                               
concern that  this would affect  all detentions.  He  opined that                                                               
HB 324  was a one  size fits all  bill for rural,  urban, violent                                                               
and non-violent crimes.                                                                                                         
                                                                                                                                
2:42:52 PM                                                                                                                    
                                                                                                                                
DWAYNE PEEPLES,  Deputy Commissioner, Office of  the Commissioner                                                               
- Juneau, Department  of Corrections (DOC), stated  that a forty-                                                               
eight hour  default holding period  would impact  the unsentenced                                                               
facilities,  which he  declared to  be  the most  crowded of  the                                                               
facilities.                                                                                                                     
                                                                                                                                
CHAIR  RAMRAS asked  if there  was  the capacity  to absorb  this                                                               
without putting the staff and other detainees at risk.                                                                          
                                                                                                                                
MR. PEEPLES replied  that there would be  some impact, especially                                                               
in the unsentenced facilities in the rural areas of the state.                                                                  
                                                                                                                                
REPRESENTATIVE  HERRON offered  his belief  that an  intention of                                                               
the governor's initiative  on domestic violence was  for a higher                                                               
profile.   He reflected that  forty-eight hours would be  best in                                                               
some  instances, whereas  twenty-four  hours would  be better  in                                                               
other instances.                                                                                                                
                                                                                                                                
MS.  BROWN recognized  that  the extra  twenty  four hours  could                                                               
allow for better investigation.                                                                                                 
                                                                                                                                
REPRESENTATIVE  HERRON  opined that  he  liked  the intention  of                                                               
Amendment 10, but  he prefers that domestic violence  be the most                                                               
important aspect in this case.                                                                                                  
                                                                                                                                
REPRESENTATIVE  LYNN  asked if  any  time  less than  forty-eight                                                               
hours was left to the discretion of the judge.                                                                                  
                                                                                                                                
CHAIR RAMRAS summarized  that if all bail was  delayed for forty-                                                               
eight hours,  there would be  a significant burden on  the intake                                                               
centers.   He opined  that the  bail delay  would only  occur for                                                               
some  cases, and  the Alaska  Court System  should recognize  the                                                               
benefit  for  a  cooling  off  period in  some  of  the  domestic                                                               
violence cases.                                                                                                                 
                                                                                                                                
2:47:55 PM                                                                                                                    
                                                                                                                                
MR. STEINER  opined that  the change  to forty-eight  hours would                                                               
not apply  in every case,  but the  risk of it  being forty-eight                                                               
hours  to the  first  arraignment and  an additional  forty-eight                                                               
hours  to the  bail  hearing would  add four  days  to the  first                                                               
opportunity to get out of jail.                                                                                                 
                                                                                                                                
CHAIR RAMRAS reflected on the DOC fiscal note.                                                                                  
                                                                                                                                
2:48:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES agreed  that this  is a  hard issue.   She                                                               
stated her understanding for cases  in which the added time would                                                               
be  beneficial, but  she opined  that the  forty-eight hours  was                                                               
overly broad.                                                                                                                   
                                                                                                                                
REPRESENTATIVE HERRON  concurred with Representative Holmes.   He                                                               
reiterated that  domestic violence  in this  proposed legislation                                                               
should be  held to a  higher standard.   He stated that  he would                                                               
not vote for Amendment 10.                                                                                                      
                                                                                                                                
CHAIR RAMRAS  asked that Ms.  McLean share this  information with                                                               
other committees as the bill moves forward.                                                                                     
                                                                                                                                
2:50:44 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Holmes  voted in                                                               
favor  of  Amendment  10.    Representatives  Dahlstrom,  Herron,                                                               
Gatto, Lynn, and  Ramras voted against it.   Therefore, Amendment                                                               
10 failed by a vote of 1-5.                                                                                                     
                                                                                                                                
2:51:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  moved to  adopt Amendment 11,  labeled 26-                                                               
GH2910\R.6, Luckhaupt, 3/26/10, which read:                                                                                     
                                                                                                                                
     Page 16, line 27, through page 17, line 17:                                                                                
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 20, line 31:                                                                                                          
          Delete "amendments"                                                                                                   
          Insert "amendment"                                                                                                    
                                                                                                                                
     Page 20, line 31, through page 21, line 1:                                                                                 
          Delete "secs. 20 and 21 of this Act apply"                                                                            
          Insert "sec. 20 of this Act applies"                                                                                  
                                                                                                                                
     Page 21, lines 2 - 3:                                                                                                      
          Delete "sec. 24"                                                                                                      
          Insert "sec. 23"                                                                                                      
                                                                                                                                
     Page 21, line 5:                                                                                                           
          Delete "sec. 26"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for discussion.                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES  explained this  to be  the second  part of                                                               
Amendment 10,  which would change  the forty-eight hours  back to                                                               
twenty-four hours  in another  section of  the Direct  Court Rule                                                               
Amendment.  She allowed that the  debate would be similar to that                                                               
for Amendment 10.                                                                                                               
                                                                                                                                
REPRESENTATIVE  GATTO, referring  to  a packet  submitted by  the                                                               
ACLU,  pointed out  that seven  states explicitly  permitted more                                                               
than twenty-four hours  to elapse, prior to  the initial hearing.                                                               
He  opined that  Alaska  could  follow the  lead  of those  seven                                                               
states.                                                                                                                         
                                                                                                                                
2:52:28 PM                                                                                                                    
                                                                                                                                
MS. McLEAN referred to a chart  submitted by DOL which showed all                                                               
the bail  statutes of each  state.   She pointed out  that twenty                                                               
two states  ruled "as  quickly as  necessary", while  others were                                                               
even more  vague, but  that many more  than seven  states allowed                                                               
more  than   twenty-four  hours.     She   stated  that   it  was                                                               
permissible.                                                                                                                    
                                                                                                                                
2:52:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  declared that he would  vote for Amendment                                                               
11.                                                                                                                             
                                                                                                                                
REPRESENTATIVE HOLMES pointed out that  Alaska was one of the few                                                               
states with a constitutional right to bail.                                                                                     
                                                                                                                                
MS. McLEAN  explained that this  legislation is referring  to the                                                               
first appearance  before a magistrate,  whereas the  Alaska State                                                               
Constitution  was addressing  the  court to  find probable  cause                                                               
within   forty-eight  hours.      She  said   the  Alaska   State                                                               
Constitution  guarantees  the right  to  bail,  unlike 18  states                                                               
which have no bail at all for some capital offenses.                                                                            
                                                                                                                                
REPRESENTATIVE HOLMES  relayed that timeliness is  one factor for                                                               
consideration.                                                                                                                  
                                                                                                                                
2:54:47 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS pointed  out that  Alaska,  statistically, has  the                                                               
highest domestic violence rates in  the nation.  He observed that                                                               
those  living in  urban communities  can  flee domestic  violence                                                               
situations whereas  those who live  in rural communities  may not                                                               
be able to do so.                                                                                                               
                                                                                                                                
2:56:10 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives Herron  and Holmes                                                               
voted in  favor of  Amendment 11.   Representatives  Gatto, Lynn,                                                               
Dahlstrom, and Ramras voted against  it.  Therefore, Amendment 11                                                               
failed by a vote of 2-4.                                                                                                        
                                                                                                                                
2:57:03 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:57 p.m. to 2:59 p.m.                                                                       
                                                                                                                                
2:59:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES moved  to adopt  Conceptual Amendment  12,                                                               
which stated:                                                                                                                   
                                                                                                                                
     Page 7, lines 18 - 21:                                                                                                     
          Delete subsection (d)(2)(B)                                                                                           
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for discussion.                                                                               
                                                                                                                                
3:00:45 PM                                                                                                                    
                                                                                                                                
MS. McLEAN  clarified that HB  324 never mentions  holding people                                                               
without  bail.   This  would  address  those  who have  been  off                                                               
probation for less  than five years.  She stated  that those with                                                               
long sentences committed serious crimes.   She opined that it was                                                               
not overly burdensome.                                                                                                          
                                                                                                                                
3:02:07 PM                                                                                                                    
                                                                                                                                
MS.  BROWN  asked whether  a  sexual  felony  listed on  page  7,                                                               
(d)(2)(A),  would be  affected by  Conceptual Amendment  12, when                                                               
considering sexual felonies from any other state.                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES  replied that it  should not, as this  is a                                                               
shift in burden.                                                                                                                
                                                                                                                                
MS. McLEAN clarified  that even if a defendant is  charged with a                                                               
felony, it requires that they have been previously convicted.                                                                   
                                                                                                                                
3:03:37 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives Holmes  and Herron                                                               
voted  in  favor of  Conceptual  Amendment  12.   Representatives                                                               
Gatto, Lynn, Dahlstrom, and Ramras  voted against it.  Therefore,                                                               
Conceptual Amendment 12 failed by a vote of 2-4.                                                                                
                                                                                                                                
3:04:02 PM                                                                                                                    
                                                                                                                                
MS. BROWN  summarized that  HB 324  does increase  the offender's                                                               
accountability  and  does  provide more  safety  protections  for                                                               
victims  of domestic  violence and  sexual assault.   She  opined                                                               
that HB 324 would also advance the governor's initiative.                                                                       
                                                                                                                                
REPRESENTATIVE  GATTO  asked  about  the status  of  his  earlier                                                               
request to a change in Section 7.                                                                                               
                                                                                                                                
3:05:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO, in  response to Ms. McLean,  moved to adopt                                                               
Conceptual Amendment 13, which stated:                                                                                          
                                                                                                                                
     Page 12, line 4:                                                                                                           
          Following "residence"                                                                                                 
          Add "or place of work"                                                                                                
                                                                                                                                
There being no objection, Conceptual Amendment 13 was adopted.                                                                  
                                                                                                                                
3:06:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM moved  to  report CSHB  324 (JUD),  26-                                                               
GH2910\R, Luckhaupt,  3/26/10, as amended, out  of committee with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
REPRESENTATIVE  HOLMES  objected.   She  declared  that  although                                                               
there were good policy discussions  in the bill, more work needed                                                               
to  be  done.    She   reiterated  her  stance  against  domestic                                                               
violence.                                                                                                                       
                                                                                                                                
3:07:28 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Lynn, Dahlstrom,                                                               
Herron,  Gatto,  and Ramras  voted  in  favor of  CSHB  324(JUD),                                                               
Version R, as  amended.  Representative Holmes  voted against it.                                                               
Therefore, CSHB 324(JUD) was reported  out of the House Judiciary                                                               
Standing Committee by a vote of 5-1.                                                                                            
                                                                                                                                
CHAIR  RAMRAS  offered his  belief  that  the three  crime  bills                                                               
passed by  House Judiciary Standing Committee  would teach better                                                               
values in homes, schools, and  communities, and would start a ten                                                               
year  trend  for  safer homes,  families,  villages,  towns,  and                                                               
cities.                                                                                                                         
                                                                                                                                
3:08:44 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:08 p.m.                                                                 

Document Name Date/Time Subjects
HB324-DPS-AST-03-24-10.pdf HJUD 3/26/2010 1:00:00 PM
HB 324
HB324 Proposed HJUD CS v. R 3.26.10.pdf HJUD 3/26/2010 1:00:00 PM
HB 324