Legislature(1995 - 1996)
1996-04-18 House Journal
Full Journal pdf1996-04-18 House Journal Page 3844 HB 493 The following was read the second time: HOUSE BILL NO. 493 An Act relating to involuntary commitment for alcoholism or drug abuse. with the: Journal Page JUD RPT CS(JUD) NT 3DP 1DNP 3NR 3196 2 FISCAL NOTES (COURT, DHSS) 3197 2 INDETERMINATE FNS (ADM) 3197 ZERO FISCAL NOTE (DPS) 3197 FIN RPT CS(JUD) NT 3DP 1DNP 4NR 3674 ZERO FISCAL NOTE (LAW) 3675 2 FISCAL NOTES (COURT, DHSS) 3/19/96 3675 2 INDETERMINATE FNS (ADM) 3/19/96 3675 ZERO FISCAL NOTE (DPS) 3/19/96 3675 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 493(JUD) An Act relating to treatment for alcoholism or drug abuse. There being no objection, it was so ordered. **The presence of Representative Navarre was noted. Amendment No. 1 was offered by Representatives Williams and Ivan: Page 7, following line 7: Insert a new bill section to read: 1996-04-18 House Journal Page 3845 HB 493 "* Sec. 13. AS47.37 is amended by adding a new section to read: Sec. 47.37.235. LIMITATIONS ON LIABILITY; BAD FAITH APPLICATION A FELONY. (a) Except as provided under (b) of this section, a person acting in good faith upon either actual knowledge or reliable information who takes a person into protective custody or detains a person under AS47.37.170- 47.37.180, or who petitions for commitment under AS47.37.180- 47.37.205, is not subject to civil or criminal liability. (b) The following persons may not be held civilly or criminally liable for detaining a person under AS47.37.170- 47.37.270 or for releasing a person under AS47.37.170- 47.37.270 at or before the end of the period for which the person was admitted or committed for protective custody or treatment if the persons have performed their duties in good faith and without gross negligence: (1) an officer of an approved public or private treatment facility; (2) the administrator of an approved public or private treatment facility, and the staff of an approved public or private treatment facility; (3) a public official performing functions necessary to the administration of AS47.37.170- 47.37.270; (4) a peace officer or other person responsible for detaining or transporting a person under AS47.37.170 - 47.37.270. (c) A person who wilfully initiates an involuntary commitment petition under AS47.37.180- 47.37.205 without having good cause to believe that the other person is an alcoholic or drug abuser and is incapacitated or at risk of serious physical harm or illness if not treated is guilty of a class C felony." Representative Williams moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Vezey objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Incorrect Amendment No. 2 was adopted and action was later rescinded. Amendment No. 3 was offered by Representatives Brown and Ivan: 1996-04-18 House Journal Page 3846 HB 493 Page 3, lines 8 - 12: Delete "is (1) incapacitated by alcohol or drugs; ªHAS THREATENED, ATTEMPTED TO INFLICT, OR INFLICTED PHYSICAL HARM ON ANOTHER OR IS LIKELY TO INFLICT PHYSICAL HARM ON ANOTHER UNLESS COMMITTED,ß or (2) at risk of serious physical harm or illness unless committed ªIS INCAPACITATED BY ALCOHOLß," Insert "(1) has threatened, attempted to inflict, or inflicted physical harm on another or is likely to inflict physical harm on another unless committed, or (2) is incapacitated by alcohol or drugs," Page 3, lines 23 - 26: Delete "PERSON (1) HAS THREATENED, ATTEMPTED TO INFLICT, OR INFLICTED PHYSICAL HARM ON ANOTHER AND THAT UNLESS COMMITTED IS LIKELY TO INFLICT PHYSICAL HARM ON ANOTHER; OR (2)ß is incapacitated by alcohol or drugs, or who, if not treated, will be at risk of serious physical harm or illness" Insert "PERSONß (1) has threatened, attempted to inflict, or inflicted physical harm on another and that unless committed is likely to inflict physical harm on another; or (2) is incapacitated by alcohol or drugs" Representative Ivan moved and asked unanimous consent Amendment No. 3 be adopted. There being no objection, it was so ordered. **The presence of Representatives Hanley and Kubina was noted. Adoption of Amendment No. 2 was rescinded. Correct Amendment No. 2 was offered by Representatives Williams and Ivan: Page 7, following line 2: Insert a new bill section to read: "* Sec. 12. AS47.37 is amended by adding a new section to read: 1996-04-18 House Journal Page 3847 HB 493 Sec. 47.37.207. UNAUTHORIZED ABSENCES: RETURN TO FACILITY. When a person committed under AS47.37.190- 47.37.205 is absent from a treatment facility without authorization, the administrator, or that person's designee, may contact peace officers who shall take the person into custody and return the respondent to the treatment facility." Renumber the following bill sections accordingly. Representative Williams moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted. Representative Vezey moved and asked unanimous consent that CSHB493(JUD) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 493(JUD) am was read the third time. The question being: Shall CSHB 493(JUD) am pass the House? The roll was taken with the following result: CSHB 493(JUD) am Third Reading Final Passage YEAS: 24 NAYS: 9 EXCUSED: 3 ABSENT: 4 Yeas: Barnes, Brice, Bunde, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kott, Kubina, Long, Martin, Mulder, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Williams, Willis Nays: Brown, Davies, Kohring, Masek, Navarre, Ogan, Parnell, Toohey, Vezey Excused: B.Davis, Kelly, Mackie 1996-04-18 House Journal Page 3848 HB 493 Absent: Austerman, Foster, Moses, Therriault And so, CSHB 493(JUD) am passed the House. Representative Brown gave notice of reconsideration of her vote on CSHB 493(JUD) am.