Legislature(1993 - 1994)

1993-04-21 House Journal

Full Journal pdf

1993-04-21                     House Journal                      Page 1411
HB 119                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 119                                                            
"An Act authorizing a sentencing court to impose a sentence of a              
day fine instead of a sentence of imprisonment on a defendant                  
convicted of a misdemeanor; directing the Alaska Supreme Court                 
to develop and implement a day fine plan; requiring the                        
Department of Corrections to report to the legislature on the use              
of day fines; amending Alaska Rule of Criminal Procedure 32; and               
providing for an effective date."                                              
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  3DP  3NR                                                 611         
	-FISCAL NOTE  (COURT)  3/12/93                                    611         
	-ZERO FISCAL NOTE  (LAW)  3/12/93                                 611         
	JUD RPT  CS(JUD)  NEW TITLE 6DP                                  1135         
	-3 ZERO FNS (ADM, ADM, DPS) 4/8/93                               1136         
	-PREVIOUS FN (COURT)  3/12/93                                    1136         
	-PREVIOUS ZERO FN (LAW) 3/12/93                                  1136         
	FIN RPT  CS(JUD)  NEW TITLE 7DP 4NR                              1347         
	-PREVIOUS FN (COURT) 3/12/93                                     1348         
	-3 PREV ZERO FNS (ADM, ADM, DPS) 4/8/93                          1348         
	-PREVIOUS ZERO FN (LAW) 3/12/93                                  1348         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 119(JUD)                                                
"An Act authorizing a sentencing court to impose a sentence of a              
day fine instead of a sentence of imprisonment on a defendant                  
convicted of a misdemeanor; directing the Alaska Supreme Court                 
to develop and implement a day fine plan; requiring the Alaska                 
Court System to report to the legislature on the use of day fines;             
amending Alaska Rule of Criminal Procedure 32; and providing                   
for an effective date."                                                        
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               

1993-04-21                     House Journal                      Page 1412
HB 119                                                                       
Amendment No. 1 was offered  by Representatives Ulmer and Porter:               
                                                                               
Page 3, line 24, after "AS 11.41"                                              
                                                                               
Insert "and 11.56.740"                                                        
                                                                               
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 119(JUD) am be considered engrossed, advanced to third                    
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
                                                                               
CSHB 119(JUD) am was read the third time.                                      
                                                                               
                                                                               
The question being:  "Shall CSHB 119(JUD) am pass the House?"                  
The roll was taken with the following result:                                  
                                                                               
CSHB 119(JUD) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  1   EXCUSED:  0   ABSENT:  3                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses,                   
Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders,        
Sitton, Toohey, Ulmer, Vezey, Williams, Willis                                 
                                                                               
Nays:  Martin                                                                  
                                                                               
Absent:  Hoffman, Parnell, Therriault                                          
                                                                               
                                                                               
And so, CSHB 119(JUD) am passed the House.                                     

1993-04-21                     House Journal                      Page 1413
HB 119                                                                       
Representative Phillips moved and asked unanimous consent that the             
roll call on the passage of the bill be considered the roll call on the        
effective date clause.  There being no objection, it was so ordered.           
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following letter of intent by Representatives Ulmer and Porter be              
adopted:                                                                       
                                                                               
                                Letter of Intent                               
                                       to                                      
                                CSHB 119(JUD) am                               
                                                                               
"It is the intent of the Legislature that a defendant may not be               
sentenced to pay a day fine if the offense jeopardized the personal            
safety of the victim."                                                         
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey gave notice of reconsideration of his vote on             
CSHB 119(JUD) am.