Legislature(1997 - 1998)
1998-05-09 House Journal
Full Journal pdf1998-05-09 House Journal Page 3681 SB 17 The following was read the second time: SENATE BILL NO. 17 "An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV)." with the: Journal Page HES RPT 2DP 1DNP 2NR 2980 3 ZERO FISCAL NOTES (ADM, LAW, DPS) 2980 JUD RPT 1DP 3NR 3676 3 ZERO FNS (ADM, LAW, DPS) 4/15/98 3676 Amendment No. 1 was offered by Representative Croft: Page 1, line 9 and page 2, line 3: Delete "intimate contact" Insert "sexual penetration" 1998-05-09 House Journal Page 3682 SB 17 Page 2, lines 11 - 13: Delete all material. Renumber the following subsection accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected. Representative Berkowitz placed a call of the House. Representative Croft moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. New Amendment No. 1 was offered by Representative Croft: Page 2, line 13: Delete "could" Insert "is substantially likely to" Representative Croft moved and asked unanimous consent that New Amendment No. 1 be adopted. Representative Berkowitz lifted the call. There being no objection, New Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Croft: Page 2, line 2: Delete "an affirmative" Insert "a" Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. 1998-05-09 House Journal Page 3683 SB 17 Representative Porter objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 2 YEAS: 12 NAYS: 22 EXCUSED: 0 ABSENT: 6 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hudson, Joule, Kemplen, Kookesh, Nicholia, Phillips Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Hanley, Kubina, Martin, Masek, Moses, Therriault And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Berkowitz: Page 1, line 10, following "semen,": Insert "ovum" Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 3 YEAS: 19 NAYS: 16 EXCUSED: 0 ABSENT: 5 1998-05-09 House Journal Page 3684 SB 17 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Green, Grussendorf, Hudson, Joule, Kemplen, Kohring, Kookesh, Kubina, Nicholia, Ogan, Phillips, Vezey Nays: Austerman, Barnes, Cowdery, Davis, Foster, Hodgins, Ivan, James, Kelly, Kott, Mulder, Porter, Rokeberg, Ryan, Sanders, Williams Absent: Hanley, Martin, Masek, Moses, Therriault And so, Amendment No. 3 was adopted. Amendment No. 4 was not offered. Amendment No. 5 was offered by Representative Davies: Page 1, line 9 and page 2, line 11: Delete "intimate" Insert "sexual" Page 2, line 11, following "any": Insert "sexual" Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. Amendment to Amendment No. 5 was offered by Representative Davies: Delete all material. Insert the following: Page 2, line 11, following "any": Insert "sexual" Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 5 be adopted. There being no objection, it was so ordered. 1998-05-09 House Journal Page 3685 SB 17 Representative Porter placed a call of the House on the bill. The Speaker invoked Mason's Manual, Section 101. **The presence of Representative Hanley was noted. The call was satisfied. The question being: "Shall Amendment No. 5, as amended, be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 5, as amended YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, Amendment No. 5, as amended, was not adopted. Amendment No. 6 was offered by Representative Brice: Page 1, line 13: Delete "dispenses, delivers, exchanges, sells, or in any manner" Insert "who illegally" Representative Brice moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Porter objected. 1998-05-09 House Journal Page 3686 SB 17 Representative Brice moved and asked unanimous consent to withdraw Amendment No. 6. There being no objection, it was so ordered. New Amendment No. 6 was offered by Representative Porter: Page 1, line 13, following "(3)": Insert "except for recognized needle exchange programs," Representative Porter moved and asked unanimous consent that New Amendment No. 6 be adopted. Representative Ryan objected and withdrew the objection. There being no further objection, New Amendment No. 6 was adopted. Amendment No. 7 was offered by Representative Croft: Page 1, lines 1- 2: (title amendment) Delete "human immunodeficiency virus (HIV)" Insert "a deadly disease" Page 1, line 6: Delete "HIV Insert "a Deadly Disease" Page 1, line 7: Delete "human immunodeficiency virus (HIV)" Insert "a deadly disease" Page 1, line 8 Delete "HIV" Insert "a deadly disease" Page 2, line 9: Delete ""HIV" means" Insert ""a deadly disease" means any disease that has similar contagious and mortality characteristics to" Representative Croft moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Porter objected. 1998-05-09 House Journal Page 3687 SB 17 The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 7 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Davis, Grussendorf, Joule, Kelly, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Berkowitz: Page 1, line 9, following "voluntarily": Insert "and intentionally" Representative Berkowitz moved and asked unanimous consent that Amendment No. 8 be adopted. Objection was heard. Representative Berkowitz moved and asked unanimous consent to withdraw Amendment No. 8. There being no objection, it was so ordered. Amendment No. 9 was not offered. Amendment No. 10 was offered by Representative Berkowitz: Page 2, following line 17: Insert a new subsection to read: 1998-05-09 House Journal Page 3688 SB 17 "(e) No disclosure, nor any evidence derived from a disclosure, may be used in a prosecution under this section if a person infected with HIV discloses to the Division of Public Health, or a similar municipal or federal agency, the names of past and present sexual partners or the names of persons to whom the defendant has transferred previously used intravenous or intermuscular drug paraphernalia." Representative Berkowitz moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Ryan objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 10 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Hudson, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Croft: Page 1, line 14, following "paraphernalia": Insert "containing the HIV virus" Representative Croft moved and asked unanimous consent that Amendment No. 11 be adopted. 1998-05-09 House Journal Page 3689 SB 17 Representative Porter objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 11 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Croft: Page 1, line 14, following "paraphernalia": Insert "in a manner that is substantially likely to result in the transmission of HIV" Representative Croft moved and asked unanimous consent that Amendment No. 12 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 12 was adopted. Amendment No. 13 was not offered. Representative Porter lifted the call. Representative Porter moved and asked unanimous consent that SB 17 am H be considered engrossed, advanced to third reading and placed on final passage. 1998-05-09 House Journal Page 3690 SB 17 Objection was heard. The Speaker stated that SB 17 am H will be in third reading on tomorrow's calendar.