Legislature(1999 - 2000)
2000-04-13 House Journal
Full Journal pdf2000-04-13 House Journal Page 3114 HB 366 The following was read the second time: HOUSE BILL NO. 366 "An Act relating to the rights of crime victims, the crime of violating a protective order or injunction, mitigating factors in sentencing for an offense, and the return of certain seized property to victims; expanding the scope of the prohibition of compromise based on civil remedy of misdemeanor crimes involving domestic violence; amending Rules 10, 11, 13, 16, and 17, Alaska District Court Rules of Civil Procedure and Rule 9, Alaska Rules of Administration." with the: Journal Page JUD RPT 2DP 2NR 2305 2 INDETERMINATE FNS (ADM, COR) 2/11/00 2305 2 ZERO FISCAL NOTES (LAW, DPS) 2/11/00 2305 FIN RPT CS(FIN) NT 4DP 1DNP 5NR 2835 2 INDETERMINATE FNS (ADM, COR) 2/11/00 2836 2 ZERO FISCAL NOTES (LAW, DPS) 2/11/00 2836 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2000-04-13 House Journal Page 3115 HB 366 CS FOR HOUSE BILL NO. 366(FIN) "An Act relating to the rights of crime victims, the crime of violating a protective order or injunction, enforcement of protective orders, mitigating factors in sentencing for an offense, and the return of certain seized property to victims; expanding the scope of the prohibition of compromise based on civil remedy of misdemeanor crimes involving domestic violence; and amending Rules 10, 11, 13, 16, and 17, Alaska District Court Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 5, lines 5 - 6: Delete "reduced the effect of the offense on the victim by entering" Insert "entered" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. **The presence of Representatives Therriault, James, and Barnes was noted. Representative Berkowitz moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Kerttula, Green, Kott, Croft, Murkowski, and James: Page 5, line 7: Delete "on the charge" Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. 2000-04-13 House Journal Page 3116 HB 366 New Amendment No. 1 was offered by Representatives Berkowitz and Dyson: Page 5, line 7, following "arraigned": Insert "or, in crimes without victims, the defendant enters a plea of guilty or no contest within 30 days after being arraigned" Representative Dyson moved and asked unanimous consent that New Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 366(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 366(FIN) am was read the third time. The question being: "Shall CSHB 366(FIN) am pass the House?" The roll was taken with the following result: CSHB 366(FIN) am Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams And so, CSHB 366(FIN) am passed the House. Representative Green 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. CSHB 366(FIN) am was referred to the Chief Clerk for engrossment.