Legislature(2001 - 2002)
04/08/2002 01:45 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 317 - STALKING & PROTECTIVE ORDERS Number 0021 CHAIR ROKEBERG announced that the first order of business would be HOUSE BILL NO. 317, "An Act relating to stalking and amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration." [Adopted as a work draft on 3/6/02 was the proposed committee substitute (CS) for HB 317, version 22-LS1258\J, Luckhaupt, 3/5/02.] Chair Rokeberg noted that the committee also had for its consideration the proposed committee substitute (CS) for HB 317, version 22-LS1258\R, Luckhaupt, 4/5/02. Number 0029 REPRESENTATIVE BERKOWITZ moved to adopt the proposed committee substitute (CS) for HB 317, version 22-LS1258\R, Luckhaupt, 4/5/02, as a work draft. There being no objection, Version R was before the committee. Number 0072 DAVID D'AMATO, Staff to Representative Harry Crawford, Alaska State Legislature, sponsor, said, on behalf of Representative Crawford, that to alleviate concerns expressed by the committee, Version R does not include the mandatory arrest provisions regarding child protective injunctions. He elaborated: [Subsections (a)(1) and (2) of Section 1] simply identify how someone goes about committing the crime of violating a protective order. [Subsection (a)(1)] indicates that that section is a domestic violence protective order, and [subsection (a)(2)] indicates that it is now a new ... [paragraph] for a stalking protective order. Section 2 of the bill ... redefines a domestic violence protective order on [page 2, line 6]; that's redefined as AS 11.56.740(a)(1), which, as I stated earlier, just refers only to the domestic violence protective order, which is already in law. So, there's no mandatory arrest for a stalking protective order under ... [Version R]. Section 3 gets into the particulars of the stalking protective orders, and this - again, to accommodate the committee - follows the domestic violence protective-order language as closely as it can while still maintaining that it's acting as a stalking protective order. In this regard, the bill was modified to that method to make it easier for practitioners to understand what the legislative intent was. ... Nothing else has really changed in terms of the definitions; it's just simply followed the domestic violence protective-order bill, which was the majority of the committee's concern. Number 0235 ANNE CARPENETI, Assistant Attorney General, Legal Services Section-Juneau, Criminal Division, Department of Law (DOL), said simply that the DOL supports HB 317. Number 0333 REPRESENTATIVE JAMES moved to report the proposed committee substitute (CS) for HB 317, version 22-LS1258\R, Luckhaupt, 4/5/02, out of committee with individual recommendations and the [accompanying] fiscal notes. There being no objection, CSHB 317(JUD) was reported out of the House Judiciary Standing Committee.
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