Legislature(2007 - 2008)

2007-05-13 Senate Journal

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2007-05-13                     Senate Journal                      Page 1268
HB 90                                                                                                                         
The question being: "Shall the Finance Senate Committee Substitute                                                              
be adopted?" The roll was taken with the following result:                                                                      
                                                                                                                                
CSHB 90(FIN)                                                                                                                    
Second Reading                                                                                                                  
Adopt Finance Senate Committee Substitute?                                                                                      
                                                                                                                                
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 90(FIN) was                                                                         
adopted.                                                                                                                        
                                                                                                                                
Senator McGuire offered Amendment No. 1 :                                                                                        
                                                                                                                                
Page 1, line 1, following "An Act":                                                                                           
       Insert "relating to the reporting of certain crimes;"                                                                  
                                                                                                                                
Page 4, following line 26:                                                                                                      
       Insert a new bill section to read:                                                                                       
"* Sec. 5. AS 11.56 is amended by adding a new section to read:                                                               
                       Sec. 11.56.767. Failure to report a violent crime                                                      
             committed against an adult. (a) A person, other than the                                                         
             victim, commits the crime of failure to report a violent crime                                                     
             committed against an adult if the person, under circumstances                                                      
             not requiring the person to report as required by                                                                  
             AS 11.56.765,                                                                                                      
                                 (1)  witnesses what the person knows or                                                        
             reasonably should know is                                                                                          
                                              (A)  the murder or attempted murder of a                                          
                          person by another;                                                                                    

2007-05-13                     Senate Journal                      Page 1269
                                              (B)  the kidnapping or attempted                                                  
                              kidnapping of a person by another; or                                                            
                                              (C)  the sexual penetration or attempted                                          
                          sexual penetration by another                                                                         
                                                           (i)  of a person without consent                                     
                                       of the person;                                                                           
                                                           (ii)  of a person who is mentally                                    
                                       incapable;                                                                               
                                                           (iii)  of a person who is                                            
                                       incapacitated; or                                                                        
                                                           (iv)  of a person who is unaware                                     
                                       that a sexual act is being committed; and                                                
                                 (2)  does not, as soon as reasonably practicable,                                              
             report that crime to a peace officer or law enforcement                                                            
             agency.                                                                                                            
                       (b)  In a prosecution under this section, it is an                                                       
             affirmative defense that the defendant                                                                             
                                 (1)  did not report as soon as reasonably                                                      
             practicable because the defendant reasonably believed that                                                         
                                              (A)  doing so would have exposed the                                              
                          defendant or others to a substantial risk of physical                                                 
                          injury; or                                                                                            
                                              (B)  effective assistance was already                                             
                              being provided by another person; or                                                             
                                       (2)  acted to stop the commission of the                                                 
             crime and stopped                                                                                                  
                                              (A)  the commission of the crime; or                                              
                                              (B)  the completion of the crime being                                            
                          attempted.                                                                                            
                    (c)  In this section,                                                                                       
                             (1)  "incapacitated" has the meaning given in                                                      
             AS 11.41.470;                                                                                                      
                             (2)  "mentally incapable" has the meaning given in                                                 
             AS 11.41.470;                                                                                                      
                             (3)  "sexual act" has the meaning given in                                                         
             AS 11.41.470;                                                                                                      
                             (4)  "without consent" has the meaning given in                                                    
             AS 11.41.470.                                                                                                      
                    (d)  Failure to report a violent crime committed against an                                                 
             adult is a violation."                                                                                             

2007-05-13                     Senate Journal                      Page 1270
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 19, line 4:                                                                                                                
       Delete "sec. 19"                                                                                                         
       Insert "sec. 20"                                                                                                         
                                                                                                                                
Page 19, line 5:                                                                                                                
       Delete "sec. 19"                                                                                                         
       Insert "sec. 20"                                                                                                         
                                                                                                                                
Page 19, line 7, following "Act,":                                                                                              
       Insert "AS 11.56.767, added by sec. 5 of this Act,"                                                                      
                                                                                                                                
Page 19, line 8:                                                                                                                
       Delete "secs. 5 and 17"                                                                                                  
       Insert "secs. 6 and 18"                                                                                                  
                                                                                                                                
Page 19, line 9:                                                                                                                
       Delete "secs. 4, 5, and 17"                                                                                              
       Insert "secs. 4 - 6 and 18"                                                                                              
                                                                                                                                
Page 19, line 10:                                                                                                               
       Delete "sec. 24"                                                                                                         
       Insert "sec. 25"                                                                                                         
                                                                                                                                
Page 19, line 11:                                                                                                               
       Delete "sec. 24"                                                                                                         
       Insert "sec. 25"                                                                                                         
                                                                                                                                
Page 19, line 12:                                                                                                               
       Delete "sec. 24"                                                                                                         
       Insert "sec. 25"                                                                                                         
                                                                                                                                
Page 19, line 14:                                                                                                               
       Delete "Sections 7 - 16, 20, and 22"                                                                                     
       Insert "Sections 8 - 17, 21, and 23"                                                                                     
                                                                                                                                
Page 19, line 15:                                                                                                               
       Delete "secs. 7 - 16, 20, and 22"                                                                                        
       Insert "secs. 8 - 17, 21, and 23"                                                                                        
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1271
Page 19, line 16:                                                                                                               
       Delete "25 - 29"                                                                                                         
       Insert "26 - 30"                                                                                                         
                                                                                                                                
Page 19, line 17:                                                                                                               
       Delete "Section 34"                                                                                                      
       Insert "Section 35"                                                                                                      
                                                                                                                                
Page 19, line 18:                                                                                                               
       Delete "secs. 36 and 37"                                                                                                 
       Insert "secs. 37 and 38"                                                                                                 
                                                                                                                                
Senator McGuire moved for the adoption of Amendment No. 1.                                                                      
Senator Therriault objected.                                                                                                    
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 90(FIN)                                                                                                                
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski                                                                 
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
Absent:  Kookesh                                                                                                                
                                                                                                                                
and so, Amendment No. 1 was adopted.                                                                                            
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the bill be                                                              
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 90(FIN) am S was                                                                            
read the third time.                                                                                                            
                                                                                                                                
Senators Wielechowski, Elton, Stedman, Cowdery, Olson, Ellis,                                                                   
Kookesh, Davis, French, Wagoner, Thomas, Huggins, Stevens moved                                                                 
and asked unanimous consent to be shown as cross sponsors on the                                                                
bill. Without objection, it was so ordered.                                                                                     

2007-05-13                     Senate Journal                      Page 1272
The question being: "Shall SENATE CS FOR CS HOUSE BILL NO.                                                                      
90(FIN) am S "An Act relating to the reporting of certain crimes;                                                               
relating to the purchase of alcoholic beverages and to access to                                                                
licensed premises; relating to civil liability for certain persons                                                              
accessing licensed premises; requiring driver's licenses and                                                                    
identification cards to be marked if a person is restricted from                                                                
consuming alcoholic beverages as a result of a conviction or condition                                                          
of probation or parole and relating to fees for the marked license or                                                           
card; relating to the information contained on driver's licenses;                                                               
requiring the surrender and cancellation of driver's licenses and                                                               
identification cards under certain circumstances; relating to                                                                   
prostitution; relating to the DNA registration system; relating to credit                                                       
toward service of a sentence of imprisonment; relating to violation of                                                          
probation and parole conditions by sex offenders; relating to bail;                                                             
relating to distribution of certain materials to minors; relating to time                                                       
limitations for prosecution of certain crimes; relating to sex offender                                                         
registration; relating to the maximum time for probation; relating to                                                           
certain post-conviction relief applications; relating to good time; and                                                         
providing for an effective date" pass the Senate?" The roll was taken                                                           
with the following result:                                                                                                      
                                                                                                                                
SCS CSHB 90(FIN) am S                                                                                                           
Third Reading - Final Passage                                                                                                   
Effective Dates                                                                                                                 
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                                               
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 90(FIN) am S                                                                        
passed the Senate.                                                                                                              
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the vote on                                                              
the passage of the bill be considered the vote on the effective date                                                            
clauses. Without objection, it was so ordered and the bill was referred                                                         
to the Secretary for engrossment.