Legislature(1997 - 1998)

1997-04-17 House Journal

Full Journal pdf

1997-04-17                     House Journal                      Page 1140
HB 6                                                                         
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 6                                                              
An Act amending laws relating to the disclosure of information                
relating to certain minors.                                                    
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) NT 4DP 2NR 1AM                                   185         
	8 FISCAL NOTES (DHSS)                                             186         
	3 ZERO FISCAL NOTES (DPS, ADM, LAW)                               186         
	JUD RPT  CS(JUD) NT 3DP 2NR 2AM                                   417         
	8 FISCAL NOTES (DHSS)                                             418         
	3 ZERO FNS (ADM, DPS, LAW) 1/31/97                                418         
	FIN RPT  CS(FIN) NT 5DP 2NR 2AM                                   802         
	8 FNS (DHSS) 2/21/97                                              803         
	3 ZERO FNS (ADM, LAW, DPS) 1/31/97                                803         
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 6(FIN)                                                  
An Act relating to minors and amending laws relating to the                   
disclosure of information relating to certain minors.                          
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Kelly:                           

1997-04-17                     House Journal                      Page 1141
HB 6                                                                         
Page 2, line 24, following "if":                                               
	Insert "(i)"                                                                  
                                                                               
Page 2, line 26, following "AS 11.46.300;":                                    
	Insert "or                                                                    
		(ii)  the complaint, indictment, information, or                          
other document charging the minor with the commission                          
of burglary under AS11.46.300 sets out multiple counts                         
of burglary in the first degree;"                                              
                                                                               
Page 3, line 10, following "offense":                                          
	Insert "exclusive of information that identifies the victim of the            
offense"                                                                       
                                                                               
Page 4, following line 29:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 5.  APPLICABILITY.  In AS47.12.315, added by sec. 4 of            
this Act, when disclosure of information is dependent on the minor's           
previous conviction or adjudication as a delinquent, or on the minor's         
failure to comply with all terms and conditions required of or imposed         
on the minor, the Department of Health and Social Services or other            
agency required to make the disclosure shall consider the minor's              
previous conviction or delinquency adjudication, or a term or condition        
required or imposed on the minor, that occurred before the effective           
date of this Act, but  may not consider a conviction or adjudication           
that occurred or a term or condition that was required or imposed              
earlier than five years before the effective date of this Act."                
                                                                               
Representative Kelly moved and asked unanimous consent that                    
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Kelly:                           
                                                                               
Page 4, following line 29:                                                     
Insert a new subsection to read:                                              
	(f) When disclosure is required under this section, the                      
department may petition the court for an order prohibiting the                 
disclosure.  The court  may grant  the petition if,  on the  basis of          

1997-04-17                     House Journal                      Page 1142
HB 6                                                                         
information presented in the petition or at an in camera hearing              
held on the petition, the court finds that                                     
		(1) the crime was an isolated incident and the minor does                   
not present any further danger to the public; or                               
		(2) the victim agrees that disclosure is inappropriate.                     
                                                                               
Representative Kelly moved and asked unanimous consent that                    
Amendment No. 2 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representatives Kelly and                       
Grussendorf:                                                                   
                                                                               
Page 2, line 18, following "if":                                               
	Insert "the minor was, under AS 47.12.020, previously alleged to              
be a delinquent minor on the basis of the minor's commission of at             
least one offense and, on the basis of that allegation, a state agency         
has, under AS 47.12.040(a), been asked to make a preliminary inquiry           
to determine if any action on that matter is appropriate, and, if the          
minor is alleged to be a delinquent minor on the basis of the minor's          
commission of another offense,"                                                
                                                                               
Page 2, line 19, following "commission of":                                    
	Insert "that other offense, and that other offense is one of the              
following:"                                                                    
                                                                               
Representative Kelly moved and asked unanimous consent that                    
Amendment No. 3 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representatives Davies and Martin:              
                                                                               
Page 3, lines 11-13:                                                           
Delete AS 47.12.040(a)(1)(B) or AS 47.12.040(a)(2), the                       
department files with the court a petition seeking adjudication of             
the minor as                                                                   
Insert AS 47.12.120, the court enters a judgment that the minor               
is                                                                             

1997-04-17                     House Journal                      Page 1143
HB 6                                                                         
Page 4, following line 29:                                                     
Insert a new subsection to read:                                              
	(f)  When the department files with the court a petition                     
seeking adjudication of a minor as a delinquent based on the                   
minors alleged commission of an offense set out in (b) of this                 
section, the prosecuting attorney may seek an order of the court               
authorizing the disclosure of the name of the minor and additional             
information deemed necessary to protect the safety of the public.              
The court shall authorize the disclosure if the court finds that the           
disclosure is necessary to protect the public safety or that there are         
other compelling reasons justifying the disclosure.                            
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Kelly objected.                                                 
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
The question being:  Shall Amendment No. 4 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 6(FIN) am                                                                 
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf,            
Joule, Kemplen, Kookesh, Kubina, Martin, Masek, Moses, Nicholia,               
Sanders, Williams                                                              
                                                                               
Nays:  Austerman, Cowdery, Davis, Dyson, Foster, Green, Hanley,                
Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Mulder, Ogan,              
Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey                            
                                                                               
Excused:  Bunde                                                                
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               

1997-04-17                     House Journal                      Page 1144
HB 6                                                                         
Representative Foster, Acting Majority Leader, moved and asked                 
unanimous consent that CSHB 6(FIN) am be considered engrossed,                 
advanced to third reading and placed on final passage.                         
                                                                               
Representative Elton objected.                                                 
                                                                               
The Speaker stated that CSHB 6(FIN) am will be in third reading on             
tomorrow's calendar.