Legislature(2005 - 2006)

2006-04-28 House Journal

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2006-04-28                     House Journal                      Page 3415
HB 322                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 322                                                                             
     "An Act relating to infants who are safely surrendered by a parent                             
     shortly after birth."                                                                          
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 HES RPT CS(HES) 4DP 1NR                                             3346                           
 FN1: (HSS)                                                          3346                           
 JUD RPT CS(JUD) 5DP                                                 3368                           
 FN2: ZERO(H.JUD/HSS)                                                3368                           
                                                                                                    

2006-04-28                     House Journal                      Page 3416
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 322(JUD)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Gardner and Croft:                                   
                                                                                                    
Page 2, lines 9 - 10:                                                                               
 Delete all material and insert:                                                                    
       "(2)  there is no evidence the infant has been physically                                    
     injured prior to abandonment."                                                                 
                                                                                                    
Representative Gardner moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
                                                                                                    
Representative Croft placed a call of the House and lifted the call.                                
                                                                                                    
The objection was withdrawn.  There being no further objection,                                     
Amendment No. 1 was adopted.                                                                        
                                                                                                    
Amendment No. 2 was offered  by Representatives Gruenberg,                                           
LeDoux, and McGuire:                                                                                
                                                                                                    
Page 1, line 9, following "parent":                                                                 
 Delete "in the manner described in AS 47.10.013(c) if the child is                                 
an infant who is less than 21 days of age"                                                          
 Insert "if the child                                                                               
       (1)  is an infant who is less than 21 days of age;                                           
       (2)  is surrendered in the manner described in                                               
     AS 47.10.013(c); and                                                                           
       (3)  is not the subject of a court order affecting custody of                                
     the child"                                                                                     
                                                                                                    

2006-04-28                     House Journal                      Page 3417
Page 1, line 12:                                                                                    
 Delete "may not be criminally prosecuted for surrendering an"                                      
 Insert "who is immune from prosecution under AS 11.81.500 and                                      
chooses to surrender an infant shall surrender the"                                                 
                                                                                                    
Page 1, line 13:                                                                                    
 Delete "although surrendering"                                                                     
 Insert ".  Surrendering"                                                                           
                                                                                                    
                                                                                                    
Page 2, lines 21 - 22:                                                                              
 Delete "A hospital, hospital emergency room, fire station,                                         
emergency medical service, or employees or volunteers of these                                      
entities, are"                                                                                      
 Insert "An individual, agency, facility, or entity that receives an                                
infant abandoned safely under (c) of this section is"                                               
                                                                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 322(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
                                                                                                    
CSHB 322(JUD) am was read the third time.                                                           
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 322(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 322(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    

2006-04-28                     House Journal                      Page 3418
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula,                                  
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman,                                         
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Weyhrauch, Wilson                                                                                   
                                                                                                    
And so, CSHB 322(JUD) am passed the House and was referred to the                                   
Chief Clerk for engrossment.