Legislature(1997 - 1998)
1998-03-30 Senate Journal
Full Journal pdf1998-03-30 Senate Journal Page 3050 SB 323 CS FOR SENATE BILL NO. 323(FIN) An Act relating to sexual offenses, to those who commit sexual offenses, and to registration of sex offenders; amending Rule 6(r)(2), Alaska Rules of Criminal Procedure; and providing for an effective date which had been held on reconsideration (page 3011) was before the Senate. Senator Pearce moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Pearce offered Amendment No. 1 : Page 2, line 14: Delete "class B felony" Insert "class C felony" Page 2, line 22: Delete "class C felony ªCLASS A MISDEMEANORß" Insert "class A misdemeanor" Page 2, line 23: Delete "class A ªCLASS Bß" Insert "class B" Page 4, following line 24: Insert a new bill section to read: "* Sec. 12. AS12.63.020(a) is amended to read: (a) The duty of a sex offender to comply with the requirements of AS12.63.010 for each sex offense (1) continues for the lifetime of a sex offender convicted of two or more sex offenses; for purposes of this section, a person convicted of indecent exposure before a person under 16 years of age under AS11.41.460 more than two times has been convicted of two or more sex offenses; 1998-03-30 Senate Journal Page 3051 SB 323 (2) ends 15 years following the sex offenders unconditional discharge from a conviction for a single sex offense." Renumber the following bill sections accordingly. Page 4, line 28, following "age": Insert "if the offender has a previous conviction for that offense" Page 7, line 14: Delete "SECTION 12. (a) A" Insert "SECTIONS 12 AND 13. (a) Except as otherwise provided in this subsection, a" Page 7, line 21, following "offense": Insert "or more than two convictions of AS11.41.460 before a person under 16 years of age." Page 7, line 22: Delete "sex offense" Insert "sex offenses" Page 7, line 28: Delete "sec. 12" Insert "sec. 13" Senator Pearce moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. CS FOR SENATE BILL NO. 323(FIN) am was automatically in third reading. Senator Pearce moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator Pearce offered Amendment No. 2 : 1998-03-30 Senate Journal Page 3052 SB 323 Page 2, following line 26: Insert a new bill section to read: "* Sec. 6. AS11.61.125 is amended by adding a new subsection to read: (e) The possession of 100 or more films, audio, video, electronic, or electromagnetic recordings, photographs, negatives, slides, books, newspapers, magazines, or other materials, including a combination of these items totaling 100 or more, is prima facie evidence of distribution and intent to distribute under (a) of this section." Renumber the following bill sections accordingly. Page 2, line 28: Delete "class B felony" Insert "class C felony" Page 2, following line 29: Insert a new bill section to read: "* Sec. 8. AS11.61.127 is amended by adding a new subsection to read: (d) Each film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts conduct described in AS11.41.455(a) that is possessed by a person knowing that the production of the material involved the use of a child under 18 years of age that engaged in the conduct is a separate violation of this section." Renumber the following bill sections accordingly. Page 7, line 14: Delete "SECTION 12" Insert "SECTION 14" Page 7, line 28: Delete "sec. 12" Insert "sec. 14" 1998-03-30 Senate Journal Page 3053 SB 323 Page 7, line 29: Delete "SECTIONS 3 - 6. Sections 3 - 6" Insert "SECTIONS 3 - 8. Sections 3 - 8" Senator Pearce moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. CS FOR SENATE BILL NO. 323(FIN) am was automatically in third reading. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 323(FIN) am An Act relating to sexual offenses, to those who commit sexual offenses, and to registration of sex offenders; amending Rule 6(r)(2), Alaska Rules of Criminal Procedure; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 323(FIN) am Third Reading - On Reconsideration Effective Date Court Rule YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, CS FOR SENATE BILL NO. 323(FIN) am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.