Legislature(2007 - 2008)
2007-05-13 Senate Journal
Full Journal pdf2007-05-13 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.