LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS & REPORTS OF COMMISSIONS

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

COURTS MAY AVAIL THEMSELVES OF THE ACTUAL PROCEEDINGS OF THE LEGISLATIVE BODY TO ASSIST IN DETERMINING THE CONSTRUCTION OF A STATUTE OF DOUBTFUL MEANING THEY MAY RESORT TO THE LEGISLATIVE DELIBERATIONS IN THE LEGISLATURE ON A BILL WHICH EVENTUALLY WAS ENACTED INTO LAW TO ASCERTAIN THE MEANING OF ITS PROVISIONS.

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

THEREFORE
WHERE THERE IS DOUBT AS TO WHAT A PROVISION OF A STATUTE MEANS, THAT MEANING WHICH WAS PUT TO THE PROVISION DURING THE LEGISLATIVE DELIBERATION OR DISCUSSION ON THE BILL MAY BE APPLIED.

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

HOWEVER
THE VIEW EXPRESSED BY THE LEGISLATORS DURING THE DELIBERATIONS OF A BILL AS TO THE BILLS PURPOSE, MEANING, OR EFFECT ARE NOT CONTROLLING IN THE INTERPRETATION OF THE LAW.

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

BECAUSE THE STATEMENTS MADE BY ASSEMBLYMEN DURING THE FLOOR DELIBERATIONS

.

WHY?

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

BECAUSE THE STATEMENTS MADE BY ASSEMBLYMEN DURING THE FLOOR DELIBERATIONS

.

WHY?

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

WHY? AGAIN
BECAUSE
(1) THOSE WHO DID NOT SPEAK MAY NOT HAVE AGREED WITH THOSE WHO DID. (2) THOSE WHO SPOKE MIGHT DIFFER WITH EACH OTHER

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

AND MORE IMPORTANTLY

(3) EVEN IF THE STATEMENTS OF THOSE WHO SPOKE REFLECT THE VIEWS OF THE ASSEMBLY, IF THE ACT AS

PASSED IS PLAIN AND CLEAR, THEN IT HAS TO BE GIVEN EFFECT AS THUS ENACTED AND NOT AS THE
INDIVIDUAL MEMBERS CONSIDERED IT TO BE

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

ACCORDINGLY, THE OPINIONS AND VIEWS EXPRESSED BY THE LEGISLATORS DURING THE FLOOR DELIBERATIONS OF A BILL MAY NOT BE GIVEN WEIGHT AT ALL IN ANY OF THE FOLLOWING INSTANCES:

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

(1)
WHERE THERE ARE CIRCUMSTANCES INDICATION A MEANING OF A STATUTE OTHER THAN THAT EXPRESSED BY THE LEGISLATORS

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

(2)
WHERE THE VIEWS EXPRESSED WERE CONFLICTNG

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

(3)
WHERE THE INTENT DEDUCIBLE FROM SUCH VIEWS IS NOT CLEAR

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

WHERE THE STATUTE INVOLVED IS FREE FROM AMBIGUITY

(4)

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

OPINIONS EXPRESSED BY LEGISLATORS IN THE COURSE OF DEBATES CONVERNING THE APPLICATION OF EXISTING LAW ARE NOT ALSO GIVEN DECISIVE WEIGHT, ESPECIALLY WHERE THE LEGISLATOR WAS NOT A MEMBER (RIDER!) OF THE ASSEMBLY THAT ENACTED SAID LAWS.

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

WHY?
BECAUSE

ALL THAT HE COULD STATE WAS HIS OWN INTERPRETATION OF THE LAW

LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

IF THE STATUTE IS CLEAR AND FREE FROM AMBIGUITY

COURTS WILL NOT INQUIRE INTO THE MOTIVES WHICH INFLUENCE THE LEGISLATURE IN VOTING FOR ITS PASSAGE.

REPORTS OF COMMISSIONS

WHAT ARE COMMISSIONS?

THESE ARE USUALLY FORMED TO COMPILE AND COLLATE ALL LAWS ON A PARTICULAR SUBJECT AND TO PREPARE THE DRAFT OF THE PROPOSED CODE

REPORTS OF COMMISSIONS

SUCH AS OF THE
(1) REVISED PENAL CODE (2) CIVIL CODE

REPORTS OF COMMISSIONS

IN CONSTRUING THE PROVISIONS OF THE CODE AS THUS ENACTED, COURTS MAY PROPERLY REFER TO THE REPORTS OF THE COMMISSION THAT DRAFTED THE CODE IN AID OF

CLARIFYING AMBIGUITIES
THEREIN.