Legislature(1997 - 1998)
1997-04-17 House Journal
Full Journal pdf1997-04-17 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.