Legislature(1993 - 1994)

1994-03-04 House Journal

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1994-03-04                     House Journal                      Page 2612
SB 54                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 54(FIN)                                                
"An Act relating to violations of laws by juveniles, to the remedies          
for offenses and activities committed by juveniles and to records              
of those offenses, and to incarceration of juveniles who have been             
charged, prosecuted, or convicted as adults; and providing for an              
effective date."                                                               
                                                                               

1994-03-04                     House Journal                      Page 2613
SB 54                                                                        
with the:                                                 Journal Page         
                                                                               
	JUD RPT HCS(JUD) 4DP  1NR                                        1381         
	LETTER OF INTENT WITH JUD  REPORT                                1382         
	SENATE LETTER OF INTENT WITH JUD REPORT                          1382         
	-ZERO FISCAL NOTE (H.JUD/ADM) 4/20/93                            1383         
	-ZERO FISCAL NOTE (H.JUD/CORR) 4/20/93                           1383         
	-ZERO FISCAL NOTE (ADM)  4/20/93                                 1383         
	-SENATE FN   (COURT)  2/26/93                                    1383         
	-2 SENATE  ZERO FNS (LAW, DHSS) 2/24/93                          1383         
	-SENATE ZERO FN (DPS)  2/19/93                                   1383         
	FIN RPT HCSCS(FIN) NEW TITLE  7DP  2NR                           2496         
	-2 FISCAL NOTES (CORR, COURT) 2/23/94                            2497         
	-5 ZERO FNS (DHSS,2-ADM,DPS,LAW) 2/23/94                         2497         
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute with a technical title change be adopted        
in lieu of the original bill:                                                  
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN)                                   
"An Act relating to violations of laws by juveniles, to the remedies          
for offenses and activities committed by juveniles and to juvenile             
records, and to incarceration of juveniles who have been charged,              
prosecuted, or convicted as adults; and providing for an effective             
date."                                                                         
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
The Speaker placed a call of the House.                                        
                                                                               
The call was satisfied.                                                        
                                                                               
Amendment No. 1 was offered by Representatives Hanley and Brown:               
                                                                               
Page 7, line 14, after "in which event", through line 16:                      
                                                                               
	Delete all material.                                                          
                                                                               
Insert "the minor may attempt to prove, by a preponderance of the             
evidence, that the minor is amenable to treatment under this                   
chapter.  If the court finds that the minor is amenable to treatment           

1994-03-04                     House Journal                      Page 2614
SB 54                                                                        
under this chapter, the minor shall be treated as though the charges          
had been heard under AS47.10.010 - 47.10.142, and the court                    
shall order disposition of the charges of which the minor is                   
convicted under AS47.10.080(b)."                                               
                                                                               
Representative Hanley moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
There being no objection, Amendment No. 1 was adopted.                         
                                                                               
                                                                               
Amendment No. 2 was offered by Representative Bunde:                           
                                                                               
Page 7, lines 7 - 8:                                                           
                                                                               
Delete "of murder in the first degree, attempted murder in the first          
degree, or murder in the second degree"                                        
	                                                                              
Insert "of an offense that is an unclassified felony"                         
                                                                               
Page 7, lines 13 - 14:                                                         
                                                                               
Delete "murder in the first degree, attempted murder in the first             
degree, or murder in the second degree"                                        
	                                                                              
Insert "an offense that is an unclassified felony"                            
                                                                               
Page 9, lines 20 - 21:                                                         
                                                                               
Delete "murder in the first degree, attempted murder in the                 
first degree, or murder in the second degree"                                
                                                                               
	Insert "an offense that is an unclassified felony"                        
                                                                               
                                                                               
Representative Bunde moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
                                                                               
Representative Brown objected.                                                 
                                                                               

1994-03-04                     House Journal                      Page 2615
SB 54                                                                        
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 54(FIN) am H                                                          
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  21   NAYS:  16   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, Carney, G.Davis, Green, Hanley, James, Kott,             
Mackie, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter,              
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
Nays:  Brice, Brown, Davidson, Davies, Finkelstein, Foster,                    
Grussendorf, Hudson, Larson, MacLean, Navarre, Nicholia, Nordlund,             
Sitton, Ulmer, Willis                                                          
                                                                               
Excused:  B.Davis, Hoffman, Menard                                             
                                                                               
And so, Amendment No. 2 was adopted.                                           
                                                                               
                                                                               
Amendment No. 3 was offered by Representative Porter:                          
                                                                               
Page 9, lines 26 - 27:                                                         
                                                                               
Delete "a minor was 16 or 17 years of age at the time of the                  
alleged commission of the offense and"                                         
                                                                               
Page 9, line 28, after "declare":                                              
                                                                               
	Delete "the"                                                                  
	Insert "a"                                                                    
                                                                               
Representative Porter moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Navarre objected.                                               
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           

1994-03-04                     House Journal                      Page 2616
SB 54                                                                        
                                                                               
HCS CSSB 54(FIN) am H                                                          
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  23   NAYS:  14   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, Carney, G.Davis, Green, Hanley, Hudson,                  
James, Kott, Larson, Mackie, Martin, Moses, Mulder, Olberg, Parnell,           
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Nays:  Brice, Brown, Davidson, Davies, Finkelstein, Foster,                    
Grussendorf, MacLean, Navarre, Nicholia, Nordlund, Sitton, Ulmer,              
Willis                                                                         
                                                                               
Excused:  B.Davis, Hoffman, Menard                                             
                                                                               
And so, Amendment No. 3 was adopted.                                           
                                                                               
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