Legislature(1997 - 1998)
1997-03-07 House Journal
Full Journal pdf1997-03-07 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.