Legislature(1993 - 1994)

1993-03-08 Senate Journal

Full Journal pdf

1993-03-08                     Senate Journal                      Page 0660
SB 19                                                                        
SENATE BILL NO. 19 "An Act relating to the crime of conspiracy"                
was read the second time.                                                      
                                                                               
Senator Pearce moved for the adoption of the Finance Committee                 
Substitute offered on page 611.                                                
                                                                               
Senator Adams objected, then withdrew his objection.  Senator                  
Duncan objected, then withdrew his objection.  There being no                  
further objections, CS FOR SENATE BILL NO. 19(FIN) was                         
adopted.                                                                       
                                                                               
CS FOR SENATE BILL NO. 19(FIN) was read the second time.                       
                                                                               
Senator Little offered Amendment No. 1:                                        
                                                                               
 Page 1, line 11, through Page 2, line 1:                                      
 Delete all material.                                                          
                                                                               
 Reletter the following subsections accordingly.                               
                                                                               
Senator Little moved for the adoption of Amendment No. 1.                      
                                                                               
Senator Taylor objected.                                                       
                                                                               
                                                                               

1993-03-08                     Senate Journal                      Page 0661
SB 19                                                                        
The question being:  "Shall Amendment No. 1 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 19 (FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  7   NAYS:  12   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff                
                                                                               
Nays:  Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce,            
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
Excused:  Salo                                                                 
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Little offered Amendment No. 2:                                        
                                                                               
Page 1, line 3:                                                                
Delete "a new section"                                                         
Insert "new sections"                                                          
                                                                               
Page 3, following line 6:                                                      
 Insert a new section to read:                                                 
 "Sec. 11.31.125.  DURATION OF CONSPIRACY                                     
FOR PURPOSES OF LIMITATIONS OF ACTIONS.  (a)                                   
For purposes of applying AS12.10 governing limitations of                      
actions, in a prosecution under AS11.31.120, conspiracy is                     
a continuing course of conduct that terminates                                 
  (1)  when all the crimes that are serious                                   
felony offenses that are its objects are completed;                            
  (2)  when the agreement is abandoned by                                     
the defendant and by all persons with whom the defendant                       
agreed; or                                                                     
                                                                               
                                                                               

1993-03-08                     Senate Journal                      Page 0662
SB 19                                                                        
   (3)  as to an individual defendant, when                                   
  (A)  the defendant abandons the                                            
agreement by advising the persons with whom the                                
defendant agreed of the defendant's abandonment; or                            
  (B)  the defendant informs law                                             
enforcement authorities of the existence of the                                
conspiracy and of the defendant's participation in it.                         
 (b)  For purposes of (a)(2) of this section,                                 
abandonment of an agreement is rebuttably presumed if                          
neither the defendant nor anyone with whom the defendant                       
conspired does an overt act in furtherance of the conspiracy                   
during the applicable period of limitations."                                  
                                                                               
Senator Little moved for the adoption of Amendment No. 2.                      
                                                                               
Senator Taylor objected.                                                       
                                                                               
Senator Little moved and asked unanimous consent that Amendment                
No. 2 be withdrawn.  Without objection, it was so ordered.                     
                                                                               
Senator Little offered Amendment No. 3:                                        
                                                                               
Page 2, following line 17:                                                     
 Insert a new subsection to read:                                              
 "(e)  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.                                
                                                                               
                                                                               

1993-03-08                     Senate Journal                      Page 0663
SB 19                                                                        
Senator Little moved for the adoption of Amendment No. 3.                      
                                                                               
Senator Taylor objected.                                                       
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 19 (FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  7   NAYS:  12   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Lincoln, Little, Zharoff                  
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce,          
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
Excused:  Salo                                                                 
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
Senator Little offered Amendment No. 4:                                        
                                                                               
Page 2, line 18, through "conspiracy." on line 22:  Delete all                 
material and insert:                                                           
                                                                               
  "(e)  In a prosecution under this section, it is an                          
affirmative defense that the defendant, under circumstances                    
manifesting a voluntary and complete renunciation of the defendant's           
criminal intent, gave timely warning to law enforcement authorities            
to prevent the commission of the crime that was the object of the              
conspiracy and the authorities, acting reasonably upon the warning,            
would have had the opportunity to prevent the commission of the                
offense that was the object of the conspiracy."                                
                                                                               
                                                                               

1993-03-08                     Senate Journal                      Page 0664
SB 19                                                                        
Senator Little moved for the adoption of Amendment No. 4.                      
                                                                               
Senator Taylor objected.                                                       
                                                                               
Senator Little moved and asked unanimous consent that Amendment                
No. 4 be withdrawn.  Without objection, it was so ordered.                     
                                                                               
Senator Little offered Amendment No. 5:                                        
                                                                               
Page 3, line 7, through line 21:                                               
 Delete all material and insert:                                               
   "* Sec. 2.  AS 11.31.140 is amended to read:                              
 Sec. 11.31.140.  MULTIPLE CONVICTIONS                                        
BARRED.  (a)  It is not a defense to a prosecution under                       
AS11.31.100- 11.31.120 [AS 11.31.100 OR AS11.31.110]                       
that the crime the defendant attempted to commit,                            
solicited to commit, or conspired to commit [THAT IS                         
                                                                               
  THE OBJECT OF THE ATTEMPT OR SOLICITATION]                                   
 was actually committed pursuant to the attempt, solicitation,               
 or conspiracy [OR SOLICITATION].                                            
 (b)  A person may not be convicted of more than                              
one crime defined by AS11.31.100- 11.31.120 [AS                            
11.31.100 OR AS11.31.110] for conduct designed to                              
commit or culminate in commission of the same crime.                           
 (c)  A person may not be convicted on the basis of                           
the same course of conduct of both                                             
  (1)  a crime defined by AS11.31.100 -                                     
11.31.120 [AS11.31.100 OR 11.31.110]; and                                    
                                                                               
                                                                               

1993-03-08                     Senate Journal                      Page 0665
SB 19                                                                        
  (2)  a [THE] crime that is an [THE] object                          
of the attempt, conspiracy, or solicitation.                               
 (d)  This section does not bar inclusion of multiple                         
counts in a single indictment or information charging                          
commission of a crime defined by AS11.31.100- 11.31.120                    
[AS 11.31.100 OR 11.31.110] and commission of the crime                        
that is the object of the attempt, conspiracy, or solicitation."           
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Senator Little moved for the adoption of Amendment No. 5.                      
                                                                               
Senators Kelly and Taylor objected.                                            
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 19 (FIN)                                                                  
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  9   NAYS:  10   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kelly, Kerttula, Lincoln,                 
Little, Zharoff                                                                
                                                                               
Nays:  Frank, Halford, Jacko, Leman, Miller, Pearce, Phillips, Rieger,         
Sharp, Taylor                                                                  
                                                                               
Excused:  Salo                                                                 
                                                                               
Kelly changed from "Nay" to "Yea".                                             
                                                                               
and so, Amendment No. 5 failed.                                                
                                                                               
Senator Adams offered Amendment No. 6:                                         
                                                                               
                                                                               

1993-03-08                     Senate Journal                      Page 0666
SB 19                                                                        
Page 2, following line 23:                                                     
                                                                               
 Insert a new subsection to read:                                              
 "(f)  Notwithstanding AS22.10.030, venue in                                  
actions in which the crime of conspiracy is alleged to have                    
been committed may not be based solely on the location of                      
overt acts done in furtherance of the conspiracy."                             
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
Senator Adams moved and asked unanimous consent for the adoption               
of Amendment No. 6.                                                            
                                                                               
Senator Kelly objected, then withdrew his objection.  There being no           
further objection, Amendment No. 6 was adopted.                                
                                                                               
Senator Donley offered Amendment No. 7:                                        
                                                                               
Page 1, line 5:                                                                
                                                                               
Delete "felony"                                                                
                                                                               
Page 1, line 12:                                                               
 Delete "felony"                                                               
                                                                               
Page 1, line 13:                                                               
 Delete "felony"                                                               
                                                                               
Page 3, line 1:                                                                
 Delete "."                                                                    
 Insert ";"                                                                    
                                                                               
Page 3, following line 1:                                                      
 Insert new paragraphs to read:                                                
  "(5)  a class A misdemeanor if the object of                                
the conspiracy is a crime punishable as a class C felony;                      
                                                                               

1993-03-08                     Senate Journal                      Page 0667
SB 19                                                                        
  (6)  a class B misdemeanor if the object of                                 
the conspiracy is a crime punishable as a class A or class                     
B misdemeanor."                                                                
                                                                               
Page 3, line 2:                                                                
 Delete "felony"                                                               
                                                                               
Page 3, line 4:                                                                
 Delete "or"                                                                   
                                                                               
Page 3, line 6:                                                                
 Delete "."                                                                    
 Insert "; or"                                                                 
                                                                               
Page 3, following line 6:                                                      
 Insert a new paragraph to read:                                               
  "(3)  involving violation of environmental                                  
laws under AS46.03.790."                                                       
                                                                               
Senator Donley moved for the adoption of Amendment No. 7.                      
Senator Taylor objected.                                                       
                                                                               
The question being:  "Shall Amendment No. 7 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 19 (FIN) am                                                               
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Excused:  Salo                                                                 
                                                                               

1993-03-08                     Senate Journal                      Page 0668
SB 19                                                                        
and so, Amendment No. 7 failed.                                                
                                                                               
Senator Taylor moved that CS FOR SENATE BILL NO. 19(FIN) am                    
be considered engrossed, advanced to third reading and placed on               
final passage.                                                                 
                                                                               
Senator Duncan objected.                                                       
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 19(FIN)                     
am be advanced from second to third reading?"  The roll was taken              
with the following result:                                                     
                                                                               
CSSB 19(FIN) am                                                                
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  11   NAYS:  8   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Zharoff                                                                        
                                                                               
Excused:  Salo                                                                 
                                                                               
and so, CS FOR SENATE BILL NO. 19(FIN) am failed to advance                    
to third reading.