Legislature(1993 - 1994)

1994-03-04 House Journal

Full Journal pdf

1994-03-04                     House Journal                      Page 2618
SB 54                                                                        
Representative Phillips objected.                                              
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 4 be withdrawn.                                                  
                                                                               
There being no objection, Amendment No. 4 was withdrawn.                       
                                                                               
New Amendment No. 4 was offered  by Representative Finkelstein:                 
                                                                               
Page 2, line 25:                                                               
                                                                               
Add a new section to read:                                                     
                                                                               
*  Sec. 2. AS 11.61.220(a) is amended to read:                                 
                                                                               
	(a) A person commits the crime of misconduct involving weapons                
in the fifth degree if the person                                              
		(1) knowingly possesses a deadly weapon, other than an                       
ordinary pocketknife or a defensive weapon, that is concealed on the           
person;                                                                        
		(2) knowingly possesses a loaded firearm on the person in any                
place where intoxicating liquor is sold for consumption on the                 
premises;                                                                      
		(3) being                                                                    
			(A) a person under 18 years of age, possesses a firearm if                 
the person has been convicted of an offense that is a crime of violence        
or has been adjudicated a delinquent minor for the violation of a law          
or ordinance that would constitute a crime of violence if the person           
were an adult; for purposes of this subparagraph, "crime of violence"          
means the commission or attempt on the part of the person to commit            
any of the following offenses:                                                 
				(i) murder in any degree                                                   
				(ii) manslaughter                                                          
				(iii) criminally negligent homicide                                        
				(iv) assault in any degree                                                 
				(v) kidnapping                                                             
				(vi) sexual assault in any degree                                          
				(vii) sexual abuse of a minor in any degree;                               
				or                                                                         
				 (viii) robbery in any degree; or                                          
                                                                              

1994-03-04                     House Journal                      Page 2619
SB 54                                                                      
			(B) an unemancipated under 16 years of age, possesses a                   
firearm without the consent of a parent or guardian of the minor;              
		(4) knowingly possesses a firearm                                            
			(A) or a defensive weapon within the grounds of or on a                     
parking lot immediately adjacent to a public or private preschool,             
elementary, junior high, or secondary school without the permission of         
the chief administrative officer of the school or district or the designee     
of the chief administrative officer, except that a person 21 years of age      
or older may possess                                                           
				(i) an unloaded firearm in the trunk of a motor vehicle                    
or encased in a closed container in a motor vehicle;                           
				(ii) a defensive weapon; or                                                
			(B) within the grounds  of or on a parking lot immediately                  
adjacent to a center, other than a private residence, licensed under AS        
47.35.010 - 47.35.075 or recognized by the federal government for the          
care of children;                                                              
		(5) possesses or transports a switchblade or a gravity knife.                
                                                                               
Renumber following sections accordingly.                                       
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
New Amendment No. 4 be adopted.                                                
                                                                               
Representative Porter objected.                                                
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
New Amendment No. 4 be withdrawn.                                              
                                                                               
There being no objection, New Amendment No. 4 was withdrawn.                   
                                                                               
Representative Phillips moved and asked unanimous consent that HCS             
CSSB 54(FIN) am H be considered engrossed, advanced to third                   
reading and placed on final passage.                                           
                                                                               
Representative Ulmer objected and withdrew the objection.  There               
being no further objection, it was so ordered.                                 
                                                                               
HCS CSSB 54(FIN) am H was read the third time.                                 
                                                                               
The question being:  "Shall HCS CSSB 54(FIN) am H pass the                     
House?"  The roll was taken with the following result:                         

1994-03-04                     House Journal                      Page 2620
SB 54                                                                        
                                                                               
HCS CSSB 54(FIN) am H                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  27   NAYS:  10   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, Carney, G.Davis, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder,                    
Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault,      
Toohey, Vezey, Williams, Willis                                                
                                                                               
Nays:  Brice, Brown, Davidson, Davies, Finkelstein, Foster, MacLean,           
Navarre, Nicholia, Ulmer                                                       
                                                                               
Excused:  B.Davis, Hoffman, Menard                                             
                                                                               
And so, HCS CSSB 54(FIN) am H passed the House.                                
                                                                               
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 Navarre gave notice of reconsideration of his vote on           
HCS CSSB 54(FIN) am H.