Legislature(1993 - 1994)
1993-04-01 Senate Journal
Full Journal pdf1993-04-01 Senate Journal Page 1026 HB 64 The Judiciary Committee considered CS FOR HOUSE BILL NO. 64(FIN) "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; prohibiting the suspension of imposition of sentence of a person convicted of stalking; relating to the crime of assault in the third degree; and providing for an effective date." Signing do pass with a Senate Judiciary Committee Letter of Intent: Senator Taylor, Chair, Senators Little, Donley, Halford. Letter of Intent for CS for HB 64(FIN) It is the intent of the Senate that, in prosecutions for the offense of stalking in the first degree in violation of AS 11.41.260 or stalking in the second degree in violation of AS 11.41.270, the State of Alaska must prove beyond a reasonable doubt that the victim was placed in actual fear of death or physical injury by the defendant's course of conduct. This gives the same meaning to the phrase "recklessly places another person in fear" as is given to that phrase in the offense of assault in 1993-04-01 Senate Journal Page 1027 HB 64 the third degree in violation of AS 11.41.220(a)(1) ("recklessly places another person in fear of imminent serious physical injury by means of a dangerous instrument"). This is also consistent with the decision of the Alaska Court of Appeals in DeHart v. State, 781 P.2d 989 (Alaska Ct. App. 1989). Zero fiscal note published today from Department of Corrections. Previous House zero fiscal notes. CS FOR HOUSE BILL NO. 64(FIN) was referred to the State Affairs Committee.