Legislature(1997 - 1998)

1998-05-09 House Journal

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1998-05-09                     House Journal                      Page 3698
SB 323                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 323(FIN) am                                            
"An Act relating to sexual offenses, to those who commit sexual               
offenses, and to registration of sex offenders; amending Rule                  
6(r)(2), Alaska Rules of Criminal Procedure; and providing for an              
effective date."                                                               

1998-05-09                     House Journal                      Page 3699
SB 323                                                                       
with the:                                                 Journal Page         
                                                                               
	JUD RPT  4DP 1NR 1AM                                             3362         
	SENATE FISCAL NOTE (COR) 3/12/98                                 3363         
	INDETERMINATE SENATE FN (ADM) 3/12/98                            3363         
	FIN RPT HCS(FIN) 6DP                                             3607         
	FISCAL NOTE (COR)                                                3607         
	INDETERMINATE SENATE FN (ADM) 3/12/98                            3607         
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 323(FIN)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Berkowitz:                       
                                                                               
Page 1, lines 5 - 13:                                                          
	Delete all material and insert:                                               
   "* Section 1.  AS 09.10 is amended by adding a new section to             
read:                                                                          
	Sec. 09.10.019. Action for child sexual abuse may be                        
brought at any time.  A person who was the victim of sexual                   
abuse committed against the victim before the victim reached the               
age of 18 may bring an action against the perpetrator of the act or            
acts of sexual abuse based upon the perpetrator's intentional                  
conduct for an injury or condition suffered as a result of the sexual          
abuse at any time.  In this subsection, "sexual abuse" means an act            
committed by the defendant against the plaintiff maintaining the               
cause of action if the defendant's conduct would have violated a               
provision of AS 11.41.410 - 11.41.440 or 11.41.450 - 11.41.458                 
at the time it was committed."                                                 
                                                                               
                                                                               
Page 8, following line 10:                                                     
	Insert a new bill section to read:                                            
"*Sec. 21. AS.09.10.060(c) and 09.10.140(b) are repealed."                   

1998-05-09                     House Journal                      Page 3700
SB 323                                                                       
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 323(FIN)                                                              
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  12   NAYS:  25   EXCUSED:  0   ABSENT:  3                             
                                                                               
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Moses, Nicholia                                      
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin,             
Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey,               
Williams                                                                       
                                                                               
Absent:  Hanley, Ogan, Therriault                                              
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that HCS               
CSSB 323(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
                                                                               
HCS CSSB 323(FIN) was read the third time.                                     
                                                                               
                                                                               
The question being:  "Shall HCS CSSB 323(FIN) pass the House?"                 
The roll was taken with the following result:                                  

1998-05-09                     House Journal                      Page 3701
SB 323                                                                       
                                                                               
HCS CSSB 323(FIN)                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins,              
Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott,            
Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips,                
Porter, Rokeberg, Ryan, Sanders, Vezey, Williams                               
                                                                               
Absent:  Hanley, Therriault                                                    
                                                                               
And so, HCS CSSB 323(FIN) 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 change.  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.           
                                                                               
HCS CSSB 323(FIN) was referred to the Chief Clerk for engrossment.