Legislature(1993 - 1994)

1993-04-07 House Journal

Full Journal pdf

1993-04-07                     House Journal                      Page 1084
HB 109                                                                       
The following, which had been moved to the bottom of today's                   
calendar (page 1072), was read the second time:                                

1993-04-07                     House Journal                      Page 1085
HB 109                                                                       
HOUSE BILL NO. 109                                                            
"An Act relating to blood tests for persons charged with sex                  
offenses; and providing for an effective date."                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES)  8DP                                             370         
	-FISCAL NOTE  (DHSS)  2/17/93                                     370         
	-2 ZERO FNS (CORR, LAW)  2/17/93                                  370         
	JUD RPT  CS(JUD)  5DP  1NR                                        703         
	-FISCAL NOTE  (DHSS)  3/19/93                                     703         
	-3 ZERO FNS (LAW, CORR, DPS) 3/19/93                              703         
	-PREVIOUS FN (DHSS)  2/17/93                                      703         
	FIN RPT  CS)JUD)  2DP  5NR  1AM                                   917         
	-2 PREVIOUS FNS (DHSS) 2/17/93, 3/19/93                           918         
	-2 PREVIOUS ZERO FNS (LAW,CORR) 3/19/93                           918         
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 109(JUD)                                                
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be considered following the last amendment offered.            
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Brown:                           
                                                                               
Page 1, line 1 (title amendment):                                              
                                                                               
	Delete "for persons charged with"                                           
	Insert "in connection with certain"                                         
                                                                               
Page 1, line 5:                                                                
                                                                               
	Delete "OF PERSONS CHARGED"                                                   
	Insert "IN CONNECTION"                                                        

1993-04-07                     House Journal                      Page 1086
HB 109                                                                       
Page 1, line 6, after "TEST":                                                  
                                                                               
	Insert "OF OFFENDER"                                                          
                                                                               
Page 1, lines 7 - 8:                                                           
                                                                               
Delete "charged in a criminal complaint, indictment, presentment,             
or information filed with a magistrate or court with"                          
	Insert "convicted of"                                                         
                                                                               
Page 1, line 10:                                                               
                                                                               
Delete "with respect to whom a petition has been filed in a                   
juvenile court alleging"                                                       
                                                                               
Insert "who has been adjudicated a delinquent or found to be a                
child in need of aid by reason of"                                             
                                                                               
                                                                               
Page 1, lines 12 - 13:                                                         
                                                                               
Delete "complaint, indictment, information, presentment, or                   
juvenile petition"                                                             
                                                                               
	Insert "matter"                                                               
                                                                               
Page 2, line 1:                                                                
                                                                               
	Delete "An alleged"                                                           
	Insert "A"                                                                    
                                                                               
Page 2, line 2:                                                                
                                                                               
	Delete "an alleged"                                                           
	Insert "a"                                                                    
                                                                               
Page 2, line 3:                                                                
                                                                               
	Delete "an alleged"                                                           
	Insert "a"                                                                    
                                                                               

1993-04-07                     House Journal                      Page 1087
HB 109                                                                       
Page 2, lines 5 - 13:                                                          
                                                                               
	Delete all material.                                                          
                                                                               
Page 2, line 14:                                                               
                                                                               
Delete "sexual penetration described in (c)(2) of this section took           
place"                                                                         
                                                                               
Insert "If the court finds that the conviction or adjudication was            
based on a crime described in (a) of this section involving that               
victim"                                                                        
                                                                               
Reletter following subsections accordingly.                                    
                                                                               
Page 2, lines 22 - 25:                                                         
                                                                               
Delete ", including an incarceration or detention ordered as a result         
of conviction or judgment of delinquency or child in need of aid               
for an act for which the defendant or minor is charged under (a)               
of this section"                                                               
                                                                               
Page 2, lines 27 - 30:                                                         
                                                                               
Delete                                                                        
		"(1)  before seven days after the defendant or minor's                      
arrest;                                                                        
		(2)  after the entry of a disposition favorable to a                        
defendant; or                                                                  
		(3)  if the defendant is convicted or adjudicated delinquent                
or in need of aid,"                                                            
                                                                               
Page 3, lines 2 - 6:                                                           
                                                                               
Delete                                                                        
		"(1)  "disposition favorable to the defendant" means an                     
adjudication by a court other than a conviction, or if the defendant           
is a minor not being prosecuted as an adult, that the minor is not             
adjudicated delinquent or a child in need of aid, for an offense for           
which a blood test could be ordered under AS18.15.300;                         
		(2)"                                                                        

1993-04-07                     House Journal                      Page 1088
HB 109                                                                       
Page 3, after line 6:                                                          
                                                                               
Insert a new section to read:                                                 
                                                                               
	"Sec. 18.15.305.  BLOOD TEST FOR VICTIM.  Upon the                           
request of the victim or alleged victim of a crime described in AS             
18.15.300(a), the state shall provide free testing of the blood of the         
victim under the protocols established in AS18.15.310, at any                  
time after the arrest of the defendant or minor."                              
                                                                               
Page 4, line 13:                                                               
                                                                               
	Delete "alleged"                                                              
                                                                               
Page 4, line 14:                                                               
                                                                               
	Delete "alleged"                                                              
                                                                               
Page 5, line 1:                                                                
                                                                               
	Delete "(a)"                                                                  
                                                                               
Page 5, line 2, after "AS 18.15.300":                                          
                                                                               
	Insert "or 18.15.305"                                                         
                                                                               
Page 5, lines 4 - 6:                                                           
                                                                               
Delete                                                                        
	"(b)  If a defendant for whom a blood test has been ordered                  
under AS18.15.300 is convicted of an offense for which the                     
defendant was charged, and for which a blood test could be                     
ordered under AS18.15.300, the"                                                
	Insert "The"                                                                  
                                                                               
Page 5, line 7, after "test":                                                  
                                                                               
	Insert "ordered under AS 18.15.300"                                           
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    

1993-04-07                     House Journal                      Page 1089
HB 109                                                                       
Representative Kott objected.                                                  
                                                                               
Representative Navarre rose to a point of order.                               
                                                                               
The Speaker cautioned the member to confine remarks to the                     
amendment before the body.                                                     
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 109(JUD)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  13   NAYS:  22   EXCUSED:  1   ABSENT:  4                             
                                                                               
Yeas:  Brice, Brown, Carney, Davies, B.Davis, Foster, Grussendorf,             
Menard, Navarre, Nicholia, Nordlund, Sitton, Willis                            
                                                                               
Nays:  Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott,             
Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter,              
Sanders, Therriault, Toohey, Ulmer, Vezey, Williams                            
                                                                               
Excused:  MacLean                                                              
                                                                               
Absent:  Davidson, Finkelstein, Hoffman, Mackie                                
                                                                               
Navarre changed from "Nay" to "Yea".                                           
Carney changed from "Nay" to "Yea".                                            
Kott changed from "Yea" to "Nay".                                              
Nordlund changed from "Nay" to "Yea".                                          
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Brown:                           
                                                                               
Page 1, line 1 (title amendment):                                              
                                                                               
	Delete "for persons charged with"                                           
	Insert "in connection with certain"                                         

1993-04-07                     House Journal                      Page 1090
HB 109                                                                       
Page 1, line 5:                                                                
                                                                               
	Delete "OF PERSONS CHARGED"                                                   
	Insert "IN CONNECTION"                                                        
                                                                               
Page 1, line 6, after "TEST":                                                  
                                                                               
	Insert "OF OFFENDER"                                                          
                                                                               
Page 3, after line 6:                                                          
                                                                               
Insert a new section to read:                                                 
	"Sec. 18.15.305.  BLOOD TEST FOR VICTIM.  Upon the                           
request of the victim or alleged victim of a crime described in AS             
18.15.300(a), the state shall provide free testing of the blood of the         
victim under the protocols established in AS18.15.310, at any                  
time after the arrest of the defendant or minor."                              
                                                                               
Page 5, line 2, after "AS 18.15.300":                                          
                                                                               
	Insert "or 18.15.305"                                                         
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Kott objected.                                                  
                                                                               
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 109(JUD)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  14   NAYS:  20   EXCUSED:  1   ABSENT:  5                             
                                                                               
Yeas:  Brown, Carney, Davies, B.Davis, Finkelstein, Foster,                    
Grussendorf, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer,               
Willis                                                                         
                                                                               

1993-04-07                     House Journal                      Page 1091
HB 109                                                                       
Nays:  Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott,             
Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter,              
Sanders, Toohey, Vezey, Williams                                               
                                                                               
Excused:  MacLean                                                              
                                                                               
Absent:  Brice, Davidson, Hoffman, Mackie, Therriault                          
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Brown:                           
                                                                               
Page 3, line 28, after "subject":                                              
                                                                               
Insert "and the victim,"                                                      
                                                                               
Page 3, line 30, after "results":                                              
                                                                               
Insert "."                                                                    
Delete "Except for disclosures by the victim or if the victim is a            
minor or incompetent by the victim's parents or legal guardian, as             
is necessary to obtain medical or psychological care or advice or              
to ensure the health of the victim's spouse, immediate family,                 
persons occupying the same household as the victim or a person                 
in a dating, courtship or engagement relationship with the victim."            
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Kott objected.                                                  
                                                                               
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 109(JUD)                                                                  
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  15   NAYS:  19   EXCUSED:  1   ABSENT:  5                             

1993-04-07                     House Journal                      Page 1092
HB 109                                                                       
Yeas:  Brown, Carney, Davies, B.Davis, Finkelstein, Foster, Hudson,            
Larson, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis             
                                                                               
Nays:  Barnes, Bunde, G.Davis, Green, Hanley, James, Kott, Martin,             
Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders,                     
Therriault, Toohey, Vezey, Williams                                            
                                                                               
Excused:  MacLean                                                              
                                                                               
Absent:  Brice, Davidson, Grussendorf, Hoffman, Mackie                         
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 3, line 28:                                                               
                                                                               
Delete "may"                                                                  
Insert "shall"                                                                
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Brown objected.                                                 
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be withdrawn.  There being no objection, it was so             
ordered.                                                                       
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 109(JUD) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 109(JUD) was read the third time.                                         
                                                                               
***Representative Davidson was excused due to illness.                         
                                                                               
The question being:  "Shall CSHB 109(JUD) pass the House?"  The                
roll was taken with the following result:                                      

1993-04-07                     House Journal                      Page 1093
HB 109                                                                       
                                                                               
CSHB 109(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  4   EXCUSED:  2   ABSENT:  2                              
                                                                               
Yeas:  Barnes, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein,           
Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie,               
Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg,                      
Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer,                 
Vezey, Williams, Willis                                                        
                                                                               
Nays:  Brown, Foster, Nicholia, Sitton                                         
                                                                               
Excused:  Davidson, MacLean                                                    
                                                                               
Absent:  Brice, Hoffman                                                        
                                                                               
                                                                               
And so, CSHB 109(JUD) passed the House.                                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
roll call on the passage of the bill be considered the roll call on the        
effective date clause.  There being no objection, it was so ordered.           
                                                                               
Representative Brown gave notice of reconsideration of her vote on             
CSHB 109(JUD).