Legislature(2011 - 2012)

2012-04-11 House Journal

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2012-04-11                     House Journal                      Page 2331
HB 359                                                                                                                        
The following, which was on the April 10, 2012, calendar (page                                                                  
2315), was read the second time:                                                                                                
                                                                                                                                
     HOUSE BILL NO. 359                                                                                                         
     "An Act relating to conspiracy to commit human trafficking in the                                                          
     first degree or sex trafficking in the first degree; relating to the                                                       
     crime of furnishing indecent material to minors, the crime of                                                              
     online enticement of a minor, the crime of prostitution, and the                                                           
     crime of sex trafficking; relating to forfeiture of property used in                                                       
     prostitution offenses; relating to sex offender registration; relating                                                     
     to testimony by video conference; adding Rule 38.3, Alaska Rules                                                           
     of Criminal Procedure; and providing for an effective date."                                                               
                                                                                                                                

2012-04-11                     House Journal                      Page 2332
with the:                                                     Journal Page                                                      
                                                                                                                                
 JUD RPT CS(JUD) NT 6DP                                               1956                                                      
 FN1: ZERO(LAW)                                                       1956                                                      
 FN2: ZERO(DPS)                                                       1956                                                      
 FN3: INDETERMINATE(ADM)                                              1956                                                      
 FN4: INDETERMINATE(ADM)                                              1956                                                      
 FN5: INDETERMINATE(COR)                                              1956                                                      
 FN7: ZERO(H.JUD/DPS)                                                 1956                                                      
 FN8: INDETERMINATE(CRT)                                              1956                                                      
 FIN RPT CS(FIN) NT 9DP 2NR                                           2179                                                      
 FN8: INDETERMINATE(CRT)                                              2179                                                      
 FN9: ZERO(ADM)                                                       2179                                                      
 FN10: ZERO(ADM)                                                      2179                                                      
 FN11: ZERO(LAW)                                                      2179                                                      
 FN12: ZERO(DPS)                                                      2179                                                      
 FN13: ZERO(DPS)                                                      2179                                                      
 FN14: INDETERMINATE(COR)                                             2179                                                      
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the following committee substitute be adopted in lieu of the original                                                           
bill:                                                                                                                           
                                                                                                                                
     CS FOR HOUSE BILL NO. 359(FIN)                                                                                             
     "An Act relating to conspiracy to commit human trafficking in the                                                          
     first degree or sex trafficking in the first degree; relating to the                                                       
     crime of distribution of indecent material to minors, the crime of                                                         
     online enticement of a minor, the crime of prostitution, and the                                                           
     crime of sex trafficking; relating to forfeiture of property used in                                                       
     prostitution offenses; relating to testimony by video conference;                                                          
     adding Rule 38.3, Alaska Rules of Criminal Procedure; and                                                                  
     providing for an effective date."                                                                                          
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
**The presence of Representative Lynn, (who was excused page                                                                    
2325), was noted.                                                                                                               
                                                                                                                                
Amendment No. 1 was offered  by Representatives Fairclough, Gara,                                                                
Costello, and Gruenberg:                                                                                                        
                                                                                                                                

2012-04-11                     House Journal                      Page 2333
Page 6, line 10:                                                                                                                
     Delete "18"                                                                                                                
     Insert "20 [18]"                                                                                                       
                                                                                                                                
Representative Fairclough moved and asked unanimous consent that                                                                
Amendment No. 1 be adopted.  There being no objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representatives Fairclough, Gara,                                                                
Costello, and Gruenberg:                                                                                                        
                                                                                                                                
Page 5, following line 17:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 8. AS 11.66.110(b) is amended to read:                                                                                
         (b)  In a prosecution under (a)(2) of this section, it is not a                                                        
     defense that the defendant reasonably believed that the person                                                             
     induced or caused to engage in prostitution was 20 [18] years of                                                       
     age or older."                                                                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 17, line 6:                                                                                                                
     Delete "7 - 11, 14, and 17 - 23"                                                                                           
     Insert "9 - 12, 15, and 18 - 24"                                                                                           
                                                                                                                                
Page 17, line 8:                                                                                                                
     Delete "3 - 6, 12, 13, 16, and 24"                                                                                         
     Insert "3 - 8, 13, 14, 17, and 25"                                                                                         
                                                                                                                                
Representative Fairclough moved and asked unanimous consent that                                                                
Amendment No. 2 be adopted.  There being no objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
CSHB 359(FIN) am be considered engrossed, advanced to third                                                                     
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
CSHB 359(FIN) am was read the third time.                                                                                       
                                                                                                                                

2012-04-11                     House Journal                      Page 2334
The question being:  "Shall CSHB 359(FIN) am pass the House?"  The                                                              
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 359(FIN) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Austerman, Chenault, Cissna, Costello, Dick, Edgmon,                                                                     
Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg,                                                                
Hawker, Herron, Holmes, Johansen, Johnson, Joule, Keller, Kerttula,                                                             
Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt,                                                                  
Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson,                                                                     
T.Wilson                                                                                                                        
                                                                                                                                
Excused:  Doogan, Kawasaki                                                                                                      
                                                                                                                                
And so, CSHB 359(FIN) am passed the House.                                                                                      
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the roll call on the passage of the bill be considered the roll call on the                                                     
court rule change.  There being no objection, it was so ordered.                                                                
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the roll call on the passage of the bill be considered the roll call on the                                                     
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
CSHB 359(FIN) am was referred to the Chief Clerk for engrossment.