Legislature(2007 - 2008)
2008-04-10 House Journal
Full Journal pdf2008-04-10 House Journal Page 2803 SB 265 The following was read the second time: CS FOR SENATE BILL NO. 265(FIN) "An Act relating to the payment of permanent fund dividends to certain individuals required to register as sex offenders or child kidnappers; relating to execution upon permanent fund dividends by civilian process servers using electronic procedures; amending Rule 89, Alaska Rules of Civil Procedure; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) NT 8DP 3NR 2763 FN2: (DPS) 2764 2008-04-10 House Journal Page 2804 FN5: ZERO(ADM) 2764 FN6: (REV) 2764 FN7: ZERO(HSS) 2764 FN8: ZERO(HSS) 2764 FN9: (LAW) 2764 FN10: (DPS) 2764 FN11: INDETERMINATE(COR) 2764 Representative Samuels 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. 265(FIN) "An Act relating to furnishing or delivering alcoholic beverages to persons under 21 years of age; relating to shipping, sending, transporting, or bringing alcohol to a local option area and providing alcohol to others in the local option area, including penalties for violations; relating to reports of alcohol violations by minors; relating to the payment of permanent fund dividends to certain individuals required to register as sex offenders or child kidnappers; relating to public notice requirements relating to amounts that would have been paid as dividends to certain individuals required to register as sex offenders or child kidnappers; relating to certain persons who lend money on secondhand articles; relating to arson and criminally negligent burning; relating to defenses for the detention of persons suspected of committing concealment of merchandise or theft; relating to the determination of time of a conviction; relating to issuance of search warrants; relating to persons found incompetent to stand trial concerning criminal conduct; relating to probation for certain offenses; relating to restitution for fish and game violations; relating to aggravating factors at sentencing; relating to post-conviction relief proceedings; relating to criminal extradition authority of the governor; removing the statutory bar to prosecution of certain crimes; relating to the reporting of suspected child pornography by certain persons; amending Rule 37(b), Alaska Rules of Criminal Procedure, relating to execution of warrants, and Rule 35.1, Alaska Rules of Criminal Procedure; and providing for an effective date." (HCR 32 - title change resolution) 2008-04-10 House Journal Page 2805 There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Ramras: Page 1, line 1, following "Act" (title amendment): Insert "relating to the term of probation for persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol; relating to termination of probation for certain persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol;" Page 2, following line 8: Insert new bill sections to read: "* Section 1. AS 04.16.050(b) is amended to read: (b) A person who violates (a) of this section and who has not been previously convicted or received a suspended imposition of sentence under (1) of this subsection is guilty of minor consuming or in possession or control. Upon conviction in the district court, the court (1) may grant a suspended imposition of sentence under AS 12.55.085 and place the person on probation for up to one year [OR UNTIL THE PERSON IS 21 YEARS OF AGE, WHICHEVER IS LATER,] if the person has not been convicted of a violation of this section previously; among the conditions of probation, the court shall, with the consent of a community diversion panel, refer the person to the panel, and require the person to comply with conditions set by the panel, including counseling, education, treatment, community work, and payment of fees; in this paragraph, "community diversion panel" means a youth court or other group selected by the court to serve as a sentencing option for a person convicted under this section; or (2) shall impose a fine of at least $200 but not more than $600, shall require the person to attend alcohol information school if the school is available, and shall place the person on probation for up to one year under (e) of this section; the court may suspend a portion of the fine imposed under this paragraph that exceeds $200 if the person is required to pay for education or treatment required under (e) of this section. * Sec. 2. AS 04.16.050(c) is amended to read: 2008-04-10 House Journal Page 2806 (c) A person is guilty of repeat minor consuming or in possession or control if the person was placed on probation under (b)(1) [(b)] of this section or has been previously convicted once, and the person violates (a) of this section. Upon conviction in the district court, the court shall (1) impose a fine of $1,000 and require at least 48 hours of community work; (2) revoke the person's driver's license for three months; (3) take possession of the person's driver's license; and (4) suspend up to $500 of the fine and place the person on probation for up to one year under (e) of this section. * Sec. 3. AS 04.16.050(d) is amended to read: (d) A person is guilty of habitual minor consuming or in possession or control if the person was placed on probation under (c) of this section, or has been previously convicted twice, and the person violates (a) of this section. Habitual minor consuming or in possession or control is a class B misdemeanor. Upon conviction, the court may impose an appropriate period of imprisonment and fine and place the person on probation under (e) of this section for one year, or until the person is 21 years of age, whichever is later, and shall (1) impose at least 96 hours of community work; (2) revoke the person's driver's license for six months; (3) within five working days, notify the agency responsible for the administration of motor vehicle laws of the revocation; and (4) take possession of the person's driver's license. * Sec. 4. AS 04.16.050(e) is amended to read: (e) The court shall place a person sentenced under (b)(2) [(b)], (c), or (d) of this section on probation for the appropriate period [ONE YEAR, OR UNTIL THE PERSON IS 21 YEARS OF AGE, WHICHEVER IS LATER]. The person may not refuse probation. The court may require the person to pay for and enroll in a juvenile alcohol safety action program, if one is available. The court shall impose the following conditions of probation: (1) the person shall pay for and successfully complete any education or treatment recommended; (2) the person may not consume inhalants or possess or consume controlled substances or alcoholic beverages, except as provided in AS 04.16.051(b); 2008-04-10 House Journal Page 2807 (3) the person shall timely complete any community work ordered, as provided in (f) of this section; and (4) other conditions the court considers appropriate. * Sec. 5. AS 04.16.050 is amended by adding a new subsection to read: (l) Notwithstanding (b), (c), and (e) of this section, a person sentenced under (b) or (c) of this section may make a motion to the court to terminate probation of that person before the end of the probationary period required under those subsections. The court may grant the motion if the court finds, by clear and convincing evidence, that (1) the person completed any community work ordered under (f) of this section; (2) the person has successfully completed any education or treatment program ordered by the court and, if required by the court, has either (A) paid for the programs; or (B) made a good faith effort to pay for the programs, agreed to have the debt reduced to a civil judgment, entered into a repayment plan with the provider or the state, and agreed that the civil judgment may be enforced in the manner provided for restitution and fines in AS 12.55.051; (3) the person has either (A) paid the fine; or (B) made a good faith effort to pay the fine, agreed to have the remaining fine amount reduced to a civil judgment, entered into a plan with the state, and agreed that the civil judgment may be enforced in the manner provided for restitution and fines in AS 12.55.051; and (4) the person has substantially complied with the other conditions of probation." Page 2, line 9: Delete "Section 1" Insert "Sec. 6" Renumber the following bill sections accordingly. 2008-04-10 House Journal Page 2808 Page 17, line 7: Delete "secs. 21 and 22" Insert "secs. 26 and 27" Page 17, line 8: Delete "sec. 23" Insert "sec. 28" Page 17, line 14: Delete "Sections 1 - 4, 9 - 11, 17 - 19, 24 - 26, and 35" Insert "Sections 6 - 9, 14 - 16, 22 - 24, 29 - 31, and 40" Page 17, line 16: Delete "secs. 3 and 4" Insert "secs. 8 and 9" Page 17, line 18: Delete "Section 8 of this Act applies" Insert "Sections 5 and 13 of this Act apply" Page 17, line 20: Delete "Sections 12, 13, 34, and 36" Insert "Sections 17, 18, 39, and 41" Page 17, line 23: Delete "Sections 14 - 16, 31, and 32" Insert "Sections 19 - 21, 36, and 37" Page 17, line 26: Delete "Section 20" Insert "Section 25" Page 17, line 29: Delete "Section 7" Insert "Section 12" Page 17, line 31: Delete "Sections 21 - 23 and 37" Insert "Sections 26 - 28 and 42" 2008-04-10 House Journal Page 2809 Page 18, line 9: Delete "Section 33" Insert "Section 38" Page 18, line 10: Delete "Sections 33 and 39" Insert "Sections 38 and 44" Page 18, line 11: Delete "Sections 27 and 28" Insert "Sections 32 and 33" Page 18, line 12: Delete "secs. 41 and 42" Insert "secs. 46 and 47" Representative Ramras moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 265(FIN) Second Reading Amendment No. 1 YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson And so, Amendment No. 1 was adopted and the new title follows: 2008-04-10 House Journal Page 2810 HOUSE CS FOR CS FOR SENATE BILL NO. 265(FIN) am H "An Act relating to the term of probation for persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol; relating to termination of probation for certain persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol; relating to furnishing or delivering alcoholic beverages to persons under 21 years of age; relating to shipping, sending, transporting, or bringing alcohol to a local option area and providing alcohol to others in the local option area, including penalties for violations; relating to reports of alcohol violations by minors; relating to the payment of permanent fund dividends to certain individuals required to register as sex offenders or child kidnappers; relating to public notice requirements relating to amounts that would have been paid as dividends to certain individuals required to register as sex offenders or child kidnappers; relating to certain persons who lend money on secondhand articles; relating to arson and criminally negligent burning; relating to defenses for the detention of persons suspected of committing concealment of merchandise or theft; relating to the determination of time of a conviction; relating to issuance of search warrants; relating to persons found incompetent to stand trial concerning criminal conduct; relating to probation for certain offenses; relating to restitution for fish and game violations; relating to aggravating factors at sentencing; relating to post-conviction relief proceedings; relating to criminal extradition authority of the governor; removing the statutory bar to prosecution of certain crimes; relating to the reporting of suspected child pornography by certain persons; amending Rule 37(b), Alaska Rules of Criminal Procedure, relating to execution of warrants, and Rule 35.1, Alaska Rules of Criminal Procedure; and providing for an effective date." Representative Samuels moved and asked unanimous consent that HCS CSSB 265(FIN) am H be considered engrossed, advanced to third reading, and placed on final passage. There was objection. 2008-04-10 House Journal Page 2811 HCS CSSB 265(FIN) am H will advance to third reading on tomorrow's calendar.