Legislature(2003 - 2004)
2004-03-03 House Journal
Full Journal pdf2004-03-03 House Journal Page 2826 HB 349 The following, which was advanced to third reading from the March 1, 2004, calendar (page 2793), was read the third time: CS FOR HOUSE BILL NO. 349(JUD) am "An Act amending Rule 412, Alaska Rules of Evidence." Representative Kerttula moved and asked unanimous consent that CSHB 349(JUD) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Kerttula: 2004-03-03 House Journal Page 2827 Page 2, lines 2 and 12, following "shows": Insert "by clear and convincing evidence" Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Samuels objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 349(JUD) am Second Reading Amendment No. 2 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kerttula, Masek, Moses, Weyhrauch Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf Excused: Kapsner, Kookesh And so, Amendment No. 2 was not adopted. Representative Kerttula moved and asked unanimous consent that CSHB 349(JUD) am be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Kerttula: Page 2, line 6, following "requirement;" insert "and" "(iii) the prosecution informs the trier of fact of any violations of law, including violations of constitutional rights that occurred in obtaining the statement;" Page 2, line 14, following "appropriate": 2004-03-03 House Journal Page 2828 Insert ", and informs the trier of fact of any violations of law, including violations of constitutional rights that occurred in obtaining the statement" Representative Kerttula moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Samuels objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 349(JUD) am Second Reading Amendment No. 3 YEAS: 14 NAYS: 23 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Gara, Gruenberg, Guttenberg, Heinze, Joule, Kerttula, Kott, Masek, Moses Nays: Anderson, Chenault, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Holm, Kohring, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf Excused: Kapsner, Kookesh Absent: Williams And so, Amendment No. 3 was not adopted. Representative Berkowitz moved and asked unanimous consent that CSHB 349(JUD) am be returned to second reading for the specific purpose of considering Amendment No. 4. There being no objection, it was so ordered. Amendment No. 4 (to CSHB 349(JUD) am (page 2792)) was offered by Representative Berkowitz: Page 1, line 15 and page 2, line 12: Delete ", codefendant, or a former defendant in the case" 2004-03-03 House Journal Page 2829 Page 2, line 14: Delete "codefendant, or a former defendant ," Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Samuels objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 349(JUD) am Second Reading Amendment No. 4 YEAS: 9 NAYS: 28 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Cissna, Gruenberg, Guttenberg, Heinze, Kerttula, Kott, Masek, Moses Nays: Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Harris, Hawker, Holm, Joule, Kohring, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf Excused: Kapsner, Kookesh Absent: Williams And so, Amendment No. 4 was not adopted. Representative Gruenberg moved and asked unanimous consent that CSHB 349(JUD) am be returned to second reading for the specific purpose of considering Amendment No. 5. There being no objection, it was so ordered. Amendment No. 5 was offered by Representatives Gruenberg and Samuels: Page 2, line 14, following "former defendant": Insert "in the case" 2004-03-03 House Journal Page 2830 Representative Gruenberg moved and asked unanimous consent that Amendment No. 5 be adopted. There being no objection, it was so ordered. Representative Samuels placed a call of the House. The call was satisfied. The question being: "Shall CSHB 349(JUD) am pass the House?" The roll was taken with the following result: CSHB 349(JUD) am Third Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Joule, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Gara, Guttenberg, Kerttula, Moses Excused: Kapsner, Kookesh And so, CSHB 349(JUD) am passed the House. Representative Coghill 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. CSHB 349(JUD) am was referred to the Chief Clerk for engrossment.