Legislature(1993 - 1994)

1994-02-03 House Journal

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1994-02-03                     House Journal                      Page 2238
SB 19                                                                        
The following was read the second time:                                        
                                                                               
CSSB 19(FIN) am                                                               
"An Act relating to the crime of conspiracy."                                 
                                                                               

1994-02-03                     House Journal                      Page 2239
SB 19                                                                        
with the:                                                 Journal Page         
                                                                               
                                                                               
	FIN RPT  HCS(FIN) 6DP 1NR 1AM                                    2158         
	-4 FNS (2-ADM, CORR, COURT) 1/26/94                              2158         
	-2 ZERO FISCAL NOTES (LAW, DPS) 1/26/94                          2158         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 19(FIN)                                   
(same title)                                                                  
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered by Representative Brown:                           
                                                                               
Page 2, following line 20, insert a new subsection to read:                    
                                                                               
	"(f)  In a prosecution under this section, it is an affirmative              
defense that, in order to obtain evidence of the commission of a               
conspiracy, a public law enforcement official or a person working              
in cooperation with the official agreed with the defendant to                  
engage in or cause the performance of the offense, and the                     
defendant and the law enforcement official or person working in                
cooperation with the official were the only persons who conspired              
to commit the offense."                                                        
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
                                                                               
Representative Porter objected.                                                
                                                                               

1994-02-03                     House Journal                      Page 2240
SB 19                                                                        
Amendment to Amendment No. 1 was offered by Representative                     
Ulmer:                                                                         
                                                                               
Under subsection (f), line 3, after "enforcement official":                    
                                                                               
	Delete "or a person working in cooperation with the official"                 
                                                                               
Under subsection (f), line 6, after "enforcement official":                    
                                                                               
	Delete "or person working in cooperation with the official were"              
	Insert "was"                                                                  
                                                                               
Representative Ulmer moved and asked unanimous consent that the                
amendment to Amendment No. 1 be adopted.                                       
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
The question being:  "Shall the amendment to Amendment No. 1 be                
adopted?"  The roll was taken with the following result:                       
                                                                               
HCS CSSB 19(FIN)                                                               
Second Reading                                                                 
Amendment to Amendment No. 1                                                   
                                                                               
YEAS:  24   NAYS:  12   EXCUSED:  2   ABSENT:  2                             
                                                                               
Yeas:  Brice, Brown, Carney, Davies, B.Davis, Foster, Green,                   
Grussendorf, Hanley, Hoffman, Hudson, Larson, Mackie, MacLean,                 
Martin, Menard, Navarre, Nordlund, Parnell, Porter, Sitton, Therriault,        
Ulmer, Willis                                                                  
                                                                               
Nays:  Barnes, Bunde, G.Davis, James, Kott, Mulder, Olberg, Phillips,          
Sanders, Toohey, Vezey, Williams                                               
                                                                               
Excused:  Davidson, Nicholia                                                   
                                                                               
Absent:  Finkelstein, Moses                                                    
                                                                               
And so, the amendment to Amendment No. 1 was adopted.                          

1994-02-03                     House Journal                      Page 2241
SB 19                                                                        
The question being:  "Shall Amendment No. 1 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
HCS CSSB 19(FIN)                                                               
Second Reading                                                                 
Amendment No. 1 as amended                                                     
                                                                               
YEAS:  15   NAYS:  22   EXCUSED:  2   ABSENT:  1                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Finkelstein, Foster, Hoffman,            
Mackie, MacLean, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis              
                                                                               
                                                                               
Nays:  Barnes, Bunde, Carney, G.Davis, Green, Hanley, Hudson,                  
James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips,         
Porter, Sanders, Therriault, Toohey, Vezey, Williams                           
                                                                               
                                                                               
Excused:  Davidson, Nicholia                                                   
                                                                               
                                                                               
Absent:  Grussendorf                                                           
                                                                               
                                                                               
And so, Amendment No. 1 as amended was not adopted.                            
                                                                               
                                                                               
Amendment No. 2 was offered by Representative Brown:                           
                                                                               
Page 1, line 6, after "offender":                                              
                                                                               
	Delete "agrees"                                                               
	Insert "communicates agreement"                                               
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
                                                                               
Representative Hanley objected.                                                

1994-02-03                     House Journal                      Page 2242
SB 19                                                                        
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 19(FIN)                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  9   NAYS:  29   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Brice, Brown, Carney, Davies, Finkelstein, Foster, Menard,              
Nordlund, Sitton                                                               
                                                                               
Nays:  Barnes, Bunde, B.Davis, G.Davis, Green, Grussendorf, Hanley,            
Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin,                 
Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders,            
Therriault, Toohey, Ulmer, Vezey, Williams, Willis                             
                                                                               
Excused:  Davidson, Nicholia                                                   
                                                                               
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered by Representative Brown:                           
                                                                               
                                                                               
Page 4, following line 9, insert a new bill section to read:                   
                                                                               
   "* Sec. 5.  AS 11.31.140 is amended by adding a new subsection to         
read:                                                                          
	(e)  A person may not be convicted of more than one crime                    
if one crime consists only of a conspiracy under AS11.31.120 to                
commit the other crime."                                                       
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 3 be adopted.                                                    
                                                                               
                                                                               
Representative Parnell objected.                                               
                                                                               

1994-02-03                     House Journal                      Page 2243
SB 19                                                                        
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 19(FIN)                                                               
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  10   NAYS:  28   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Foster,             
Menard, Nordlund, Sitton                                                       
                                                                               
Nays:  Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Hoffman,            
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses,                   
Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault,       
Toohey, Ulmer, Vezey, Williams, Willis                                         
                                                                               
Excused:  Davidson, Nicholia                                                   
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
Representative Phillips moved and asked unanimous consent that HCS             
CSSB 19(FIN)  be considered engrossed, advanced to third reading and           
placed on final passage.                                                       
                                                                               
Representative Ulmer objected.                                                 
                                                                               
The Speaker stated that HCS CSSB 19(FIN) will be in third reading              
on the February 7, 1994, calendar.