Legislature(1999 - 2000)

2000-04-13 House Journal

Full Journal pdf

2000-04-13                     House Journal                      Page 3114
HB 366                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 366                                                            
"An Act relating to the rights of crime victims, the crime of                 
violating a protective order or injunction, mitigating factors in              
sentencing for an offense, and the return of certain seized property           
to victims; expanding the scope of the prohibition of compromise               
based on civil remedy of misdemeanor crimes involving domestic                 
violence; amending Rules 10, 11, 13, 16, and 17, Alaska District               
Court Rules of Civil Procedure and Rule 9, Alaska Rules of                     
Administration."                                                               
                                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT 2DP 2NR                                                  2305         
	2 INDETERMINATE FNS (ADM, COR) 2/11/00                           2305         
	2 ZERO FISCAL NOTES (LAW, DPS) 2/11/00                           2305         
	FIN RPT CS(FIN) NT 4DP 1DNP 5NR                                  2835         
	2 INDETERMINATE FNS (ADM, COR) 2/11/00                           2836         
	2 ZERO FISCAL NOTES (LAW, DPS) 2/11/00                           2836         
	                                                                              
Representative Green moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               

2000-04-13                     House Journal                      Page 3115
HB 366                                                                       
CS FOR HOUSE BILL NO. 366(FIN)                                                
"An Act relating to the rights of crime victims, the crime of                 
violating a protective order or injunction, enforcement of                     
protective orders, mitigating factors in sentencing for an offense,            
and the return of certain seized property to victims; expanding the            
scope of the prohibition of compromise based on civil remedy of                
misdemeanor crimes involving domestic violence; and amending                   
Rules 10, 11, 13, 16, and 17, Alaska District Court Rules of Civil             
Procedure, and Rule 9, Alaska Rules of Administration."                        
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Berkowitz:                       
                                                                               
Page 5, lines 5 - 6:                                                           
	Delete "reduced the effect of the offense on the victim by                    
entering"                                                                      
	Insert "entered"                                                              
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
**The presence of Representatives Therriault, James, and Barnes was            
noted.                                                                         
                                                                               
Representative Berkowitz moved and asked unanimous consent to                  
withdraw Amendment No. 1.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
Amendment No. 2 was offered  by Representatives Kerttula, Green,                
Kott, Croft, Murkowski, and James:                                             
                                                                               
Page 5, line 7:                                                                
	Delete "on the charge"                                                        
                                                                               
Representative Kerttula moved and asked unanimous consent that                 
Amendment No. 2 be adopted.  There being no objection, it was so               
ordered.                                                                       

2000-04-13                     House Journal                      Page 3116
HB 366                                                                       
New Amendment No. 1 was offered  by Representatives Berkowitz and               
Dyson:                                                                         
                                                                               
Page 5, line 7, following "arraigned":                                         
	Insert "or, in crimes without victims, the defendant enters a plea            
of guilty or no contest within 30 days after being arraigned"                  
                                                                               
Representative Dyson moved and asked unanimous consent that New                
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
Representative Green moved and asked unanimous consent that CSHB               
366(FIN) am be considered engrossed, advanced to third reading and             
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 366(FIN) am was read the third time.                                      
                                                                               
The question being:  "Shall CSHB 366(FIN) am pass the House?"  The             
roll was taken with the following result:                                      
                                                                               
CSHB 366(FIN) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf,              
Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula,              
Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski,               
Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault,                
Whitaker, Williams                                                             
                                                                               
And so, CSHB 366(FIN) am passed the House.                                     
                                                                               
Representative Green moved and asked unanimous consent that the roll           
call on the passage of the bill be considered the roll call on the court       
rule changes.  There being no objection, it was so ordered.                    
                                                                               
CSHB 366(FIN) am was referred to the Chief Clerk for engrossment.