Legislature(1997 - 1998)

1997-03-07 House Journal

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1997-03-07                     House Journal                      Page 0586
HB 9                                                                         
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 9                                                              
An Act relating to the right of crime victims and victims of                  
juvenile offenses to be present at court proceedings; and amending             
Rule 615, Alaska Rules of Evidence.                                            
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT CS(JUD) 5DP 2NR                                           148         
	4 ZERO FNS (COURT, LAW, DPS, DHSS)                                149         
	FIN RPT  CS(FIN) NT 6DP 5NR                                       393         
	INDETERMINATE FISCAL NOTE (ADM)                                   393         
	2 ZERO FISCAL NOTES (LAW, ADM)                                    393         
	3 ZERO FNS (DPS, COURT, DHSS) 1/27/97                             393         
                                                                               
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. 9(FIN)                                                  
An Act relating to the rights of crime victims and victims of                 
juvenile offenses; relating to the collection by victims of restitution        
from prisoners; relating to the definition of 'incapacitated' for              
sexual offenses; creating the crime of interfering with a report of            
a crime involving domestic violence; relating to mental                        
examinations of victims in criminal prosecutions; relating to the              
safety of victims, other persons, and the community in setting bail            
or conditions of release; relating to access to certain records of the         
Violent Crimes Compensation Board; amending Rule 6, Alaska                     
Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of                
Evidence, and Rule 3, Alaska Delinquency Rules; and providing                  
for an effective date.                                                         
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Ogan:                            
                                                                               
Page 1, line 12:                                                               
	Delete "14, 16, 19, and 20"                                                   
	Insert "15, 17, 20, and 21"                                                   
                                                                               

1997-03-07                     House Journal                      Page 0587
HB 9                                                                         
Page 5, following line 19:                                                     
	Insert a new bill section to read:                                            
	"* Sec. 14.  AS12.55.175(b) is amended to read:                             
	(b)  Upon receipt of a record of proceedings under                           
AS12.55.165, the three-judge panel shall consider all pertinent                
files, records, and transcripts, including the findings and                    
conclusions of the judge who originally heard the matter.  The                 
panel may hear oral testimony to supplement the record before it.              
If the panel supplements the record, the panel shall permit the              
victim to testify before the panel.  If the panel finds that manifest        
injustice would result from failure to consider relevant aggravating           
or mitigating factors not specifically included in AS12.55.155 or              
from imposition of the presumptive term, whether or not adjusted               
for aggravating or mitigating factors, it shall sentence the                   
defendant in accordance with this section.  If the panel does not              
find that manifest injustice would result, it shall remand the case            
to the sentencing court, with a written statement of its findings and          
conclusions, for sentencing under AS12.55.125."                                
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 5, line 24, following "prosecution":                                  
	Insert "and sentencing"                                                   
                                                                               
Page 5, line 31, following "sentencing":                                       
	Insert ", including a proceeding before a three-judge panel                 
under AS12.55.175"                                                           
                                                                               
                                                                               
Representative Ogan moved and asked unanimous consent that                     
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 1 was adopted.                                                   
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
9(FIN) am be considered engrossed, advanced to third reading and               
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 9(FIN) am was read the third time.                                        
                                                                               

1997-03-07                     House Journal                      Page 0588
HB 9                                                                         
The question being:  Shall CSHB 9(FIN) am pass the House?  The                 
roll was taken with the following result:                                      
                                                                               
CSHB 9(FIN) am                                                                 
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  29   NAYS:  4   EXCUSED:  2   ABSENT:  5                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan,               
James, Joule, Kemplen, Kohring, Kookesh, Kubina, Martin, Moses,                
Mulder, Nicholia, Phillips, Porter, Ryan, Sanders                              
                                                                               
Nays:  Kelly, Ogan, Therriault, Vezey                                          
                                                                               
Excused:  Hudson, Williams                                                     
                                                                               
Absent:  Davies, Davis, Kott, Masek, Rokeberg                                  
                                                                               
And so, CSHB 9(FIN) am passed the House.                                       
                                                                               
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.  There being no 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.           
                                                                               
Representative Kott later gave notice of reconsideration of his vote on        
CSHB 9(FIN) am and the reconsideration was taken up then.