Legislature(1993 - 1994)
1993-04-07 House Journal
Full Journal pdf1993-04-07 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).