Legislature(2019 - 2020)
2019-04-03 House Journal
Full Journal pdf2019-04-03 House Journal Page 0445 HB 12 The following was read the second time: HOUSE BILL NO. 12 "An Act relating to protective orders." 2019-04-03 House Journal Page 0446 with the: Journal Page STA RPT CS(STA) 7DP 275 FN1: ZERO(DPS) 275 FN2: ZERO(DPS) 275 JUD RPT CS(JUD) 5DP 1NR 404 FN1: ZERO(DPS) 405 FN2: ZERO(DPS) 405 FN3: ZERO(AJS) 405 Representative Thompson moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 12(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Eastman: Page 2, following line 27: Insert a new bill section to read: "* Sec. 5. AS 22.35.030 is amended to read: Sec. 22.35.030. Publication of records [RECORDS CONCERNING CRIMINAL CASES RESULTING IN ACQUITTAL OR DISMISSAL]. The Alaska Court System may not publish a court record [OF A CRIMINAL CASE] on a publicly available website (1) in a criminal case if 60 days have elapsed from the date of acquittal or dismissal and (A) [(1)] the defendant was acquitted of all charges filed in the case; (B) [(2)] all criminal charges against the defendant in the case have been dismissed and were not dismissed as part of a plea agreement in another criminal case under Rule 11, Alaska Rules of Criminal Procedure; (C) [(3)] the defendant was acquitted of some of the criminal charges in the case and the remaining charges were dismissed; or 2019-04-03 House Journal Page 0447 (D) [(4)] all criminal charges against the defendant in the case have been dismissed after a suspended entry of judgment under AS 12.55.078; (2) of a protective order under AS 18.66.100 - 18.66.180, restraining order, or injunction in a case involving domestic violence if the publication would likely reveal the identity or location of the party protected under the order." Renumber the following bill section accordingly. Page 3, line 1: Delete "and AS 18.66.100(f), enacted by sec. 4 of this Act," Insert "AS 18.66.100(f), enacted by sec. 4 of this Act, and AS 22.35.030, as amended by sec. 5 of this Act," Page 3, line 2: Delete "secs. 1 - 4" Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Claman objected and rose to a point of order, citing Mason's Manual Sec. 728 and asked that it be ruled out of order. The Speaker ruled Amendment No. 1 out of order. Representative Eastman objected. The Speaker withdrew the ruling. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 12(JUD) Second Reading Amendment No. 1 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 2019-04-03 House Journal Page 0448 Yeas: Carpenter, Eastman, Jackson, Johnson, LeBon, Neuman, Pruitt, Rasmussen, Rauscher, Revak, Sullivan-Leonard, Talerico, Tarr, Tilton, Vance, Wilson Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Merrick, Ortiz, Shaw, Spohnholz, Story, Stutes, Thompson, Tuck, Wool, Zulkosky Excused: Lincoln And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Eastman: Page 1, line 8: Delete "or" Page 1, line 11, following "finding": Insert "; or (4) the petitioner appears telephonically at the protective order hearing" Page 2, line 13: Delete "or" Page 2, line 17, following "finding": Insert "; or (4) the petitioner appears telephonically at the protective order hearing" Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Josephson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 2019-04-03 House Journal Page 0449 CSHB 12(JUD) Second Reading Amendment No. 2 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Carpenter, Eastman, Jackson, Johnson, LeBon, Merrick, Neuman, Pruitt, Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wilson, Wool, Zulkosky Excused: Lincoln And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Eastman: Page 1, line 8: Delete "or" Page 1, line 11, following "finding": Insert "; or (4) of the current geographic location of the respondent" Page 2, line 13: Delete "or" Page 2, line 17, following "finding": Insert "; or (4) of the current geographic location of the respondent" Representative Eastman moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kopp objected. 2019-04-03 House Journal Page 0450 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 12(JUD) Second Reading Amendment No. 3 YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Carpenter, Eastman, Jackson, Johnson, Merrick, Neuman, Pruitt, Rauscher, Revak, Sullivan-Leonard, Talerico, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Ortiz, Rasmussen, Shaw, Spohnholz, Story, Stutes, Tarr, Thompson, Wilson, Wool, Zulkosky Excused: Lincoln Absent: Tuck And so, Amendment No. 3 was not adopted. Representative Thompson moved and asked unanimous consent that Representative Tuck be excused from a call of the House today. There being no objection, it was so ordered. Amendment No. 4 was offered by Representative Eastman: Page 2, following line 6: Insert a new bill section to read: "* Sec. 3. AS 18.65.855 is amended by adding a new subsection to read: (c) A protective order granted under this section may not be extended." Renumber the following bill sections accordingly. Page 2, following line 27: Insert a new bill section to read: "* Sec. 6. AS 18.66.110 is amended by adding a new subsection to read: (e) A protective order granted under this section may not be extended." 2019-04-03 House Journal Page 0451 Renumber the following bill section accordingly. Page 2, line 31: Delete "AS 18.66.100(e), as amended by sec. 3" Insert "AS 18.65.855, as amended by sec. 3 of this Act, AS 18.66.100(e), as amended by sec. 4" Page 3, line 1: Delete "and AS 18.66.100(f), enacted by sec. 4" Insert "AS 18.66.100(f), enacted by sec. 5 of this Act, and AS 18.66.110, as amended by sec. 6" Page 3, line 2: Delete "of secs. 1 - 4" Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Kopp objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 12(JUD) Second Reading Amendment No. 4 YEAS: 5 NAYS: 33 EXCUSED: 2 ABSENT: 0 Yeas: Carpenter, Eastman, Rauscher, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Merrick, Neuman, Ortiz, Pruitt, Rasmussen, Revak, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Wilson, Wool, Zulkosky Excused: Lincoln, Tuck And so, Amendment No. 4 was not adopted. Representative Thompson moved and asked unanimous consent that CSHB 12(JUD) be considered engrossed, advanced to third reading, 2019-04-03 House Journal Page 0452 and placed on final passage. There being no objection, it was so ordered. CSHB 12(JUD) was read the third time. The question being: "Shall CSHB 12(JUD) pass the House?" The roll was taken with the following result: CSHB 12(JUD) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Carpenter, Claman, Drummond, Eastman, Edgmon, Fields, Foster, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Merrick, Neuman, Ortiz, Pruitt, Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Vance, Wilson, Wool, Zulkosky Excused: Lincoln, Tuck And so, CSHB 12(JUD) passed the House. Representative Pruitt gave notice of reconsideration of the vote on CSHB 12(JUD).