Legislature(1995 - 1996)
1996-02-26 Senate Journal
Full Journal pdf1996-02-26 Senate Journal Page 2544 HB 38 CS FOR HOUSE BILL NO. 38(JUD) am An Act relating to criminal sentencing; relating to good time credit; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite sentences, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35 was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2426. Senator Duncan objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 38(FIN) was adopted and read the second time. Senator Miller offered Amendment No. 1 : Page 2, between lines 4 and 5 insert the following: 5. crimes against the person are generally more serious than crimes against property, crimes against the public health, and other crimes, since crimes against the person threaten the victim's safety and dignity and often result in physical injury, emotional trauma or both; 6. the most serious crimes against the person are those classified as unclassified and class A felonies; 7. although most of the crimes against the person are set out in AS 11.41, two class A felony offenses against the person are found elsewhere. Arson in the first degree, AS 11.46.400(a), is a crime against the person since it is primarily aimed at protecting the safety of persons rather than property. Promoting prostitution in the 1996-02-26 Senate Journal Page 2545 HB 38 first degree is a crime against the person since it is primarily designed to deal with the coercive aspects that may be involved in prostitution. These coercive aspects threaten the safety of persons. AS 11.66.110(a)(2), which requires proof that a person other than a patron induced or caused a person under 16 years of age to engage in prostitution, is particularly serious due to the youth of the victim. Senator Miller moved for the adoption of Amendment No. 1. Senator Adams objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senators Kelly, Pearce, Green, Torgerson, Leman, Miller, Taylor, Halford, Donley moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Halford moved that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 38(FIN) am S be advanced to third reading? The roll was taken with the following result: SCS CSHB 38(FIN) am S Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the bill failed to advance to third reading. SENATE CS FOR CS FOR HOUSE BILL NO. 38(FIN) am S will appear on the February 28 calendar.