Legislature(2001 - 2002)
02/08/2002 01:05 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 243 - VERIFY AGE REQD FOR DEFENSE IN SEX CRIMES Number 0140 CHAIR ROKEBERG announced that the last order of business would be HOUSE BILL NO. 243, "An Act relating to sexual assault or abuse of a minor." Number 0242 REPRESENTATIVE MEYER moved to adopt the proposed committee substitute (CS) for HB 243, version 22-LS0770\C, Luckhaupt, 2/1/02, as a work draft. There being no objection, Version C was before the committee. CHAIR ROKEBERG moved to adopt Conceptual Amendment 1: Page 1, line 7: Delete "and in good faith" CHAIR ROKEBERG explained that the language he recommends deleting is language that is used in business, and isn't used in the criminal code. REPRESENTATIVE FRED DYSON, Alaska State Legislature, sponsor, objected. He explained that the aforementioned language was part of what the subcommittee developed. He told the committee that Representative Berkowitz felt that the language was a good idea. CHAIR ROKEBERG informed the committee that he has a note from [his staff] that Representative Berkowitz changed his mind in regards to the need for the language. REPRESENTATIVE MEYER remarked that if Representative Berkowitz didn't feel strongly about the language, then perhaps the sponsor wouldn't either. Number 0483 ANNE CARPENETI, Assistant Attorney General, Legal Services Section-Juneau, Criminal Division, Department of Law (DOL), remarked that her first reaction to the amendment is that "and in good faith" is used in civil law, and is probably subsumed within "reasonably", anyway. REPRESENTATIVE DYSON asked if Chair Rokeberg meant to say that after the subcommittee meeting, Representative Berkowitz changed his mind and agreed that "and in good faith" shouldn't be included. HEATHER M. NOBREGA, Staff to Representative Norman Rokeberg, House Judiciary Standing Committee, Alaska State Legislature, noted that after the subcommittee meeting, which she attended, she spoke with Representative Berkowitz who, upon further reflection, felt that use of the aforementioned language was a bad idea. She agreed that the rationale was that the language is used in civil law, and would be redundant [when used with "reasonably"]. REPRESENTATIVE DYSON removed his objection to Conceptual Amendment 1. CHAIR ROKEBERG announced, for the record, that Representative Berkowitz's staff wasn't present during the aforementioned conversation and thus couldn't comment. CHAIR ROKEBERG asked whether there was any objection to Conceptual Amendment 1. There being no objection, Conceptual Amendment 1 was adopted. Number 0697 REPRESENTATIVE OGAN moved to report the proposed committee substitute (CS) for HB 243, version 22-LS0770\C, Luckhaupt, 2/1/02, as amended, out of committee with individual recommendations and the accompanying fiscal note. There being no objection, CSHB 243(JUD) was reported from the House Judiciary Standing Committee.
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