Legislature(2003 - 2004)
2004-04-21 House Journal
Full Journal pdf2004-04-21 House Journal Page 3393 HB 244 The Judiciary Committee has considered: HOUSE BILL NO. 244 "An Act relating to the Code of Criminal Procedure; relating to defenses, affirmative defenses, and justifications to certain criminal acts; relating to rights of prisoners after arrest; relating to discovery, immunity from prosecution, notice of defenses, admissibility of certain evidence, and right to representation in criminal proceedings; relating to sentencing, probation, and discretionary parole; amending Rule 16, Alaska Rules of Criminal Procedure, and Rules 404, 412, 609, and 803, Alaska Rules of Evidence; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 244(2d JUD) "An Act relating to murder in the second degree, the justification of defense of self or others, rights of arrested persons, release before trial, immunity from prosecution, sentencing, probation, discretionary parole, and the right to representation in certain proceedings; relating to violation of a custodian's duty; relating to sexual abuse of a minor; relating to release of certain agency records; relating to local options regarding alcoholic beverages, the offense of furnishing or delivery of alcoholic beverages to a person under 21 years of age, and forfeiture of money or other items of value used in financial transactions derived from 2004-04-21 House Journal Page 3394 violation of certain laws relating to alcoholic beverages; relating to assault by means of a dangerous instrument; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, to the refusal to submit to a chemical test, and to the presumptions and chemical analysis of breath or blood; and providing for an effective date." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (2): Samuels, McGuire Do not pass (2): Gara, Gruenberg No recommendation (1): Holm A Judiciary Committee letter of intent signed by Representative McGuire, Chair, follows: "The Alaska State Legislature acknowledges the findings contained in the Alaska Judicial Council's study "Alaska Felony Process: 1999" that the use of third party custodians was initially intended to give indigent defendants an equal opportunity for predisposition release, that this bail condition was one of the most important influences on the length of time that defendants spent incarcerated before disposition of their cases, and that this bail condition has resulted in substantially longer terms of predisposition incarceration in non-violent type cases. Given the right to bail guaranteed by Article I, Section 11 of the Alaska Constitution, it is the intent of the Legislature that judicial officers appoint third party custodians in a manner that will further the intent of the statute." The following fiscal note(s) apply to CSHB 244(2d JUD): 4. Zero, Dept. of Law 5. Fiscal, Dept. of Corrections 6. Fiscal, Dept. of Administration 2004-04-21 House Journal Page 3395 HB 244 was referred to the Rules Committee for placement on the calendar.