2003-03-05                     House Journal                      Page 0403
HB 52                                                                                             
The following, which had been read the second time and held in                                      
second reading to today's calendar (page 362), was again before the                                 
House:                                                                                              
                                                                                                    

2003-03-05                     House Journal                      Page 0404
     CS FOR HOUSE BILL NO. 52(JUD)                                                                  
     "An Act relating to the forfeiture of property used to possess or                              
     distribute child pornography, to commit indecent viewing or                                    
     photography, to commit a sex offense, or to solicit the commission                             
     of, attempt to commit, or conspire to commit possession or                                     
     distribution of child pornography, indecent viewing or                                         
     photography, or a sexual offense."                                                             
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 1 (title amendment) and Page 2, lines 5 and 16:                                        
 Delete "property"                                                                                
 Insert "instrumentality of a crime"                                                              
                                                                                                    
Page 2, line 5:                                                                                     
 Delete "Property"                                                                                  
 Insert "Instrumentality of a crime"                                                                
                                                                                                    
Page 2, lines 9, 17, and 21:                                                                        
 Delete "property"                                                                                  
 Insert "instrumentality of a crime"                                                                
                                                                                                    
Page 2, line 9, following "means":                                                                  
 Delete through line 14.                                                                            
 Insert "property, other than real property, that contributes directly                              
and materially to the commission of a crime."                                                       
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 52(JUD)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  11   NAYS:  27   EXCUSED:  1   ABSENT:  0   VACANT:  1                                     
                                                                                                    

2003-03-05                     House Journal                      Page 0405
Yeas:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Joule, Kapsner, Kerttula, Kookesh, Moses                                                            
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster,                                 
Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                    
McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Excused:  Whitaker                                                                                  
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 52(JUD) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
                                                                                                    
CSHB 52(JUD) was read the third time.                                                               
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 52(JUD) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 52(JUD)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  1   VACANT:  1                                      
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg,                                       
Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                         
                                                                                                    
Excused:  Whitaker                                                                                  
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHB 52(JUD) passed the House and was referred to the                                       
Chief Clerk for engrossment.