Legislature(1999 - 2000)

03/29/2000 02:00 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
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."                                                                                        
                                                                                                                                
Mr. Tibbles explained that both Amendments 1 and 2 were                                                                         
needed to cover the civil and criminal sections of statute.                                                                     
                                                                                                                                
Representative J. Davies MOVED to ADOPT Amendment 1.                                                                            
Amendment 1 would add "or issued by another state under laws                                                                    
substantially similar to AS 18.66.100 - 110" to AS                                                                              
11.56.740(c) and renumber remaining sections. There being NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Representative J. Davies MOVED to ADOPT Amendment 2:                                                                            
                                                                                                                                
18.66.140(a) is amended to read:                                                                                                
(a)  A certified copy of an unexpired protective order                                                                          
issued in another jurisdiction  has the same effect and                                                                         
must be enforced in the same manner as a protective                                                                             
order issued by a court of this state and  may be filed                                                                         
with the clerk of court in any judicial district in                                                                             
this state.                                                                                                                     
                                                                                                                                
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES                                                                      
SECTION, CRIMINAL DIVISION, DEPARTMENT OF LAW clarified that                                                                    
"under laws substantially similar" would not need to be                                                                         
added to Amendment 2. The amendment addresses violations of                                                                     
a protective order that may not be a crime, but which would                                                                     
want to be enforced by a police office. She stated that the                                                                     
amendment would fall under the single subject rule. The                                                                         
criminal and civil sides would be consistent.                                                                                   
                                                                                                                                
There being NO OBJECTION, Amendment 2 was adopted.                                                                              
                                                                                                                                
Ms. Carpeneti did not anticipate a change to the fiscal                                                                         
note.                                                                                                                           
                                                                                                                                
Vice Chair Bunde MOVED to report CSHB 366 (FIN)  out of                                                                         
Committee with the accompanying fiscal note. There being NO                                                                     
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CSHB 366 (FIN) was REPORTED out of Committee with "no                                                                           
recommendation" and four fiscal notes: one fiscal impact                                                                        
note by the Department of Administration, published date                                                                        
2/11/00; one fiscal impact note by the Department of                                                                            
Corrections, published date 2/11/00; one zero fiscal note by                                                                    
the Department of Public Safety, published date 2/11/00; one                                                                    
Department of Law, published date 2/11/00.                                                                                      

Document Name Date/Time Subjects