Legislature(1997 - 1998)

1998-04-30 House Journal

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1998-04-30                     House Journal                      Page 3372
HB 245                                                                       
Representative Brice brought up reconsideration of the vote on CSHB
245(RLS)(fld H) (page 3340).                                                   
                                                                               
The following was again before the House in third reading:                     
                                                                               
CS FOR HOUSE BILL NO. 245(RLS)                                                
"An Act relating to the minimum sentences for assault in the                  
fourth degree that is a crime involving domestic violence; relating            
to domestic violence; relating to the definition of 'crime involving           
domestic violence' in AS 11; relating to unlawful contact with a               
victim or witness; relating to rehabilitation programs for                     
perpetrators of domestic violence; amending Rule 5(b), Alaska                  
Rules of Criminal Procedure and Rule 404(b), Alaska Rules of                   
Evidence; and providing for an effective date."                                
                                                                               

1998-04-30                     House Journal                      Page 3373
HB 245                                                                       
A Title Amendment was offered by Representative Hanley:                        
                                                                               
Page 1, lines 1 - 2:                                                           
	Delete all material.                                                          
	Insert "An Act relating to assault in the fourth degree; relating            
to"                                                                           
                                                                               
Representative Hanley moved and asked unanimous consent that the               
title amendment be adopted.  There being no objection, it was so               
ordered and the new title appears below:                                       
                                                                               
CS FOR HOUSE BILL NO. 245(RLS)(title am)                                      
"An Act relating to assault in the fourth degree; relating to the             
definition of 'crime involving domestic violence' in AS 11; relating           
to unlawful contact with a victim or witness; relating to                      
rehabilitation programs for perpetrators of domestic violence;                 
amending Rule 5(b), Alaska Rules of Criminal Procedure and Rule                
404(b), Alaska Rules of Evidence; and providing for an effective               
date."                                                                         
                                                                               
Representative Brice moved and asked unanimous consent that CSHB
245(RLS)(title am) be returned to second reading for the specific              
purpose of considering Amendment No.  1.  There being no objection,            
it was so ordered.                                                             
                                                                               
Amendment No. 1 was offered  by Representative Brice:                           
                                                                               
Page 9, line 9, following "standards.":                                        
	Insert "Upon application of a program, the department may                   
waive one or more standards and approve the program if the                     
department determines                                                          
		(1)  there is good cause for the waiver;                                     
		(2)  the safety of victims and children is not compromised                   
by the waiver;                                                                 
		(3)  an acceptable alternative is provided by the program."                
                                                                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               

1998-04-30                     House Journal                      Page 3374
HB 245                                                                       
Representative Brice moved and asked unanimous consent that CSHB
245(RLS) am be returned to second reading for the specific purpose of          
considering Amendment No. 2.  There being no objection, it was so              
ordered.                                                                       
                                                                               
Amendment No. 2 was offered  by Representative Brice:                           
                                                                               
Page 9, line 6, following "AS 18.66.990":                                      
	Insert "and for the approval of those programs"                           
                                                                               
Page 10, line 18:                                                              
	Delete "January 1, 1999"                                                      
	Insert "on the later of (1) January 1, 1999, or (2) six months after          
the effective date of the regulations adopted by the Department of             
Corrections under AS 44.28.020(b), as amended by sec. 16 of this Act,          
relating to the approval of rehabilitation programs for perpetrators of        
domestic violence.  The lieutenant governor and the commissioner of            
corrections shall notify the revisor of statutes when the regulations are      
filed."                                                                        
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 2 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
The question to be reconsidered:  "Shall CSHB 245(RLS) am pass the             
House?"  The roll was taken with the following result:                         
                                                                               
CSHB 245(RLS) am--RECONSIDERATION                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  29   NAYS:  7   EXCUSED:  0   ABSENT:  4                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Cowdery, Croft, Davies, Davis,             
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, Joule, Kemplen, Kookesh, Kott, Kubina, Martin, Moses,                    
Nicholia, Phillips, Porter, Ryan, Sanders, Williams                            
                                                                               
Nays:  Barnes, James, Kelly, Kohring, Masek, Mulder, Therriault                
                                                                               
Absent:  Bunde, Ogan, Rokeberg, Vezey                                          
                                                                               

1998-04-30                     House Journal                      Page 3375
HB 245                                                                       
And so, CSHB 245(RLS) am passed the House on reconsideration                   
                                                                               
Representative Porter moved and asked unanimous consent that the roll          
call on the passage of the bill be considered the roll call on the court       
rule changes.                                                                  
                                                                               
Representative Kubina objected and withdrew the objection.  There              
being no further objection, it was so ordered.                                 
                                                                               
Representative Porter 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.           
                                                                               
CSHB 245(RLS) am was referred to the Chief Clerk for engrossment.