Legislature(2015 - 2016)

2016-05-02 House Journal

Full Journal pdf

2016-05-02                     House Journal                      Page 2637
SB 91                                                                                                                         
HCS CSSSSB 91(FIN) am H was before the House in second reading                                                                  
(page 2608).                                                                                                                    
                                                                                                                                
Amendment No. 7 was offered  by Representative Josephson:                                                                        
                                                                                                                                
Page 25, lines 17 - 23:                                                                                                         
    Delete all material and insert:                                                                                             
"* Sec. 49. AS 12.30.006(b) is repealed and reenacted to read:                                                                
         (b) At the first appearance before a judicial officer, a person                                                        
    may be detained up to 48 hours for the prosecuting authority to                                                             
    demonstrate that release of the person under AS 12.30.011 would                                                             
    not reasonably ensure the appearance of the person or will pose a                                                           
    danger to the victim, other persons, or the community, if the                                                               
    person has been charged with the following crimes:                                                                          
            (1) an unclassified, class A, or class B felony;                                                                   
             (2) a class C felony under AS 11.41.220, 11.41.260,                                                                
    11.41.425, AS 11.46.310, 11.46.360, AS 11.51.100(d)(2) or (f),                                                              
    11.51.200, AS 11.56.320, 11.56.335, 11.56.540, 11.56.590,                                                                   
    11.56.610, 11.56.770, 11.56.835, AS 11.61.123(f)(1), 11.61.127,                                                             
    11.61.128(d), 11.61.140(h), 11.61.200, 11.61.240(b)(3), or                                                                  
    11.61.250; or                                                                                                               
             (3) a class C felony, other than a class C felony listed in                                                        
    (2) of this subsection, and the person has been assessed as                                                                 
    moderate to high risk under AS 12.30.011(c)(2)."                                                                            
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 7 be adopted.                                                                                                     
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
Representative Millett moved and asked unanimous consent that                                                                   
Representative Vazquez be excused from a call of the House today.                                                               
There being no objection, it was so ordered.                                                                                    

2016-05-02                     House Journal                      Page 2638
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSSSB 91(FIN) am H                                                                                                         
Second Reading                                                                                                                  
Amendment No. 7                                                                                                                 
                                                                                                                                
YEAS:  10   NAYS:  28   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Drummond, Herron, Josephson, Kawasaki, Lynn, Ortiz, Pruitt,                                                              
Reinbold, Tuck, Colver                                                                                                          
                                                                                                                                
Nays:  Edgmon, Foster, Gara, Gattis, Guttenberg, Hughes, Johnson,                                                               
Keller, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak,                                                                   
Neuman, Olson, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                              
Thompson, Tilton, Wilson, Wool, Claman, Chenault                                                                                
                                                                                                                                
Excused:  Hawker, Vazquez                                                                                                       
                                                                                                                                
Ortiz changed from "Nay" to "Yea".                                                                                              
                                                                                                                                
And so, Amendment No. 7 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 8 was offered  by Representative Josephson:                                                                        
                                                                                                                                
Page 29, following line 19:                                                                                                     
    Insert a new subsection to read:                                                                                            
         "(g)  Notwithstanding (c) of this section, a pretrial services                                                         
    officer may not assess a person as low risk if the person has been                                                          
    charged with a class C felony under                                                                                         
             (1)  AS 11.46.310 or 11.46.360;                                                                                    
              (2)  AS 11.51.100(d)(2) or (f) or 11.51.200;                                                                     
             (3)  AS 11.56.320, 11.56.335, 11.56.540, 11.56.590,                                                                
    11.56.610, 11.56.770, or 11.56.835; or                                                                                      
             (4)  AS 11.61.123(f)(1), 11.61.140(h), 11.61.200,                                                                  
    11.61.240(b)(3), or 11.61.250."                                                                                             
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                
Page 68, following line 29:                                                                                                     
    Insert a new subsection to read:                                                                                            
         "(f)  Notwithstanding (c)(2) of this section, a pretrial services                                                      
    officer may not assess a person as low risk if the person has been                                                          

2016-05-02                     House Journal                      Page 2639
    charged with a class C felony under                                                                                         
             (1)  AS 11.46.310, 11.46.360;                                                                                      
              (2)  AS 11.51.100(d)(2) or (f) or 11.51.200,                                                                     
             (3)  AS 11.56.320, 11.56.335, 11.56.540, 11.56.590,                                                                
    11.56.610, 11.56.770, or 11.56.835; or                                                                                      
             (4)  AS 11.61.123(f)(1), 11.61.140(h), 11.61.200,                                                                  
    11.61.240(b)(3), or 11.61.250."                                                                                             
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 8 be adopted.                                                                                                     
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 8 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSSSB 91(FIN) am H                                                                                                         
Second Reading                                                                                                                  
Amendment No. 8                                                                                                                 
                                                                                                                                
YEAS:  7   NAYS:  31   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Herron, Josephson, Lynn, Ortiz, Reinbold, Tuck, Drummond                                                                 
                                                                                                                                
Nays:  Edgmon, Foster, Gara, Gattis, Guttenberg, Hughes, Johnson,                                                               
Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz,                                                                 
Nageak, Neuman, Olson, Pruitt, Saddler, Seaton, Spohnholz, Stutes,                                                              
Talerico, Tarr, Thompson, Tilton, Wilson, Wool, Claman, Colver,                                                                 
Chenault                                                                                                                        
                                                                                                                                
Excused:  Hawker, Vazquez                                                                                                       
                                                                                                                                
And so, Amendment No. 8 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 9 was offered  by Representative Josephson:                                                                        
                                                                                                                                
Page 43, line 18, following "unclassified":                                                                                     
    Insert ", class A, or class B"                                                                                              
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 9 be adopted.                                                                                                     

2016-05-02                     House Journal                      Page 2640
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 9 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSSSB 91(FIN) am H                                                                                                         
Second Reading                                                                                                                  
Amendment No. 9                                                                                                                 
                                                                                                                                
YEAS:  10   NAYS:  26   EXCUSED:  2   ABSENT:  2                                                                              
                                                                                                                                
Yeas:  Herron, Josephson, Kawasaki, Lynn, Millett, Ortiz, Pruitt, Tarr,                                                         
Tuck, Colver                                                                                                                    
                                                                                                                                
Nays:  Gara, Gattis, Guttenberg, Hughes, Johnson, Keller, Kito,                                                                 
Kreiss-Tomkins, LeDoux, Munoz, Nageak, Neuman, Olson, Saddler,                                                                  
Seaton, Spohnholz, Stutes, Talerico, Thompson, Tilton, Wilson, Wool,                                                            
Claman, Edgmon, Foster, Chenault                                                                                                
                                                                                                                                
Excused:  Hawker, Vazquez                                                                                                       
                                                                                                                                
Absent:  Reinbold, Drummond                                                                                                     
                                                                                                                                
And so, Amendment No. 9 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 10 was not offered.                                                                                               
                                                                                                                                
Amendment No. 11 was offered  by Representative Josephson:                                                                       
                                                                                                                                
Page 52, line 3:                                                                                                                
    Delete "30"                                                                                                             
    Insert "100"                                                                                                            
                                                                                                                                
Page 52, lines 10 - 13:                                                                                                         
    Delete all material and insert:                                                                                             
                  "(A)  AS 11.46.330;                                                                                       
                  (B) AS 11.46.486;                                                                                         
                  (C) AS 11.56.755(b)(1);                                                                                   
                  (D) AS 11.56.780;                                                                                         
                  (E) AS 11.61.116(c)(1) and the person is 21 years                                                         
         of age or older;                                                                                                   
                  (F) AS 11.61.120(a)(6) and the person is 21 years                                                         
         of age or older;                                                                                                   
                  (G) AS 11.61.220;                                                                                         

2016-05-02                     House Journal                      Page 2641
                  (H) AS 11.61.240(b)(2); or                                                                                
                  (I) AS 11.76.140(b)(2)."                                                                                  
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 11 be adopted.                                                                                                    
                                                                                                                                
Representative Gara objected.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 11 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSSSB 91(FIN) am H                                                                                                         
Second Reading                                                                                                                  
Amendment No. 11                                                                                                                
                                                                                                                                
YEAS:  11   NAYS:  27   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Josephson, Kawasaki, Lynn, Millett, Ortiz, Pruitt, Reinbold,                                                             
Tarr, Tuck, Wool, Drummond                                                                                                      
                                                                                                                                
Nays:  Gattis, Guttenberg, Herron, Hughes, Johnson, Keller, Kito,                                                               
Kreiss-Tomkins, LeDoux, Munoz, Nageak, Neuman, Olson, Saddler,                                                                  
Seaton, Spohnholz, Stutes, Talerico, Thompson, Tilton, Wilson,                                                                  
Claman, Colver, Edgmon, Foster, Gara, Chenault                                                                                  
                                                                                                                                
Excused:  Hawker, Vazquez                                                                                                       
                                                                                                                                
And so, Amendment No. 11 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 12 was offered  by Representative Josephson:                                                                       
                                                                                                                                
Page 52, line 30:                                                                                                               
    Delete "24 hours"                                                                                                           
    Insert "5 days"                                                                                                             
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 12 be adopted.                                                                                                    
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 12 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
                                                                                                                                

2016-05-02                     House Journal                      Page 2642
HCS CSSSSB 91(FIN) am H                                                                                                         
Second Reading                                                                                                                  
Amendment No. 12                                                                                                                
                                                                                                                                
YEAS:  2   NAYS:  35   EXCUSED:  2   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Josephson, Lynn                                                                                                          
                                                                                                                                
Nays:  Guttenberg, Herron, Hughes, Johnson, Kawasaki, Keller, Kito,                                                             
Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson,                                                                  
Ortiz, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                              
Thompson, Tilton, Tuck, Wilson, Wool, Claman, Colver, Drummond,                                                                 
Edgmon, Foster, Gara, Gattis, Chenault                                                                                          
                                                                                                                                
Excused:  Hawker, Vazquez                                                                                                       
                                                                                                                                
Absent:  Reinbold                                                                                                               
                                                                                                                                
And so, Amendment No. 12 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 13 was offered  by Representative Josephson:                                                                       
                                                                                                                                
Page 52, line 20:                                                                                                               
    Delete "five days of suspended"                                                                                             
    Insert "10 days of"                                                                                                         
                                                                                                                                
Page 52, line 24:                                                                                                               
    Delete "or"                                                                                                                 
                                                                                                                                
Page 52, line 25:                                                                                                               
    Delete "active or suspended"                                                                                                
    Insert "more than seven days of"                                                                                            
                                                                                                                                
Page 52, line 26:                                                                                                               
    Delete "not been previously convicted, or has previously been                                                               
convicted once,"                                                                                                                
    Insert "been previously convicted once"                                                                                     
                                                                                                                                
Page 52, line 28, following "elements":                                                                                         
    Insert "; or                                                                                                                
             (3)  a sentence of more than five days of suspended                                                                
    imprisonment if the person has not been previously convicted of                                                             

2016-05-02                     House Journal                      Page 2643
    an offense under AS 11.46.110 - 11.46.220, 11.46.260 -                                                                      
    11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or                                                         
    another jurisdiction with substantially similar elements"                                                                   
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 13 be adopted.                                                                                                    
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 13 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSSSB 91(FIN) am H                                                                                                         
Second Reading                                                                                                                  
Amendment No. 13                                                                                                                
                                                                                                                                
YEAS:  4   NAYS:  34   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Herron, Josephson, Lynn, Tuck                                                                                            
                                                                                                                                
Nays:  Hughes, Johnson, Kawasaki, Keller, Kito, Kreiss-Tomkins,                                                                 
LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt,                                                                   
Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                                   
Thompson, Tilton, Wilson, Wool, Claman, Colver, Drummond,                                                                       
Edgmon, Foster, Gara, Gattis, Guttenberg, Chenault                                                                              
                                                                                                                                
Excused:  Hawker, Vazquez                                                                                                       
                                                                                                                                
And so, Amendment No. 13 was not adopted.                                                                                       
                                                                                                                                
The Speaker stated that, without objection, HCS CSSSSB 91(FIN)                                                                  
am H will be held in second reading to tomorrow's calendar.