Legislature(2017 - 2018)
2017-11-04 House Journal
Full Journal pdf2017-11-04 House Journal Page 1848 SB 54 HCS CSSB 54(FIN) was before the House in second reading. Amendment No. 4 was not offered. Amendment No. 5 was not offered. Amendment No. 6 was offered by Representatives LeDoux, Reinbold, Eastman, Kawasaki, and Saddler: Page 15, lines 8 - 26: Delete all material and insert: "* Sec. 27. AS 12.55.125(c) is amended to read: (c) Except as provided in (i) of this section, a defendant convicted of a class A felony may be sentenced to a definite term of imprisonment of not more than 20 years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: (1) if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection, three to six years; (2) if the offense is a first felony conviction and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury or death during the commission of the offense, or knowingly directed the conduct constituting the offense at a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder who was engaged in the performance of official duties at the time of the offense, seven [FIVE] to 11 [NINE] years; (3) if the offense is a second felony conviction, eight to 12 years; (4) if the offense is a third felony conviction and the defendant is not subject to sentencing under (l) of this section, 13 to 20 years." 2017-11-04 House Journal Page 1849 Representative LeDoux moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Fansler objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) Second Reading Amendment No. 6 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Chenault, Eastman, Johnson, Josephson, Kawasaki, LeDoux, Millett, Neuman, Ortiz, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Tilton, Tuck, Wilson Nays: Birch, Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnston, Kito, Knopp, Kopp, Kreiss-Tomkins, Parish, Seaton, Spohnholz, Stutes, Tarr, Thompson, Westlake, Wool And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Josephson: Page 15, following line 1: Insert a new bill section to read: "* Sec. 26. AS 12.55.090(g) is amended to read: (g) A probation officer shall recommend to the court that probation be terminated and a defendant be discharged from probation if the defendant (1) has completed at least (A) three [TWO] years on probation if the person was convicted of a class A or class B felony that is not a crime under (5) of this subsection; or (B) two years [ONE YEAR] on probation if the person was convicted of a crime that is not a crime (i) under (A) of this paragraph; or (ii) under (5) of this subsection; (2) has completed all treatment programs required as a condition of probation; 2017-11-04 House Journal Page 1850 (3) has not been found in violation of conditions of probation by the court for the period specified in (1) of this subsection; (4) is currently in compliance with all conditions of probation for all of the cases for which the person is on probation; and (5) has not been convicted of an unclassified felony offense, a sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as defined in AS 18.66.990." Renumber the following bill sections accordingly. Page 42, line 30: Delete "sec. 38" Insert "sec. 39" Page 42, line 31: Delete "sec. 39" Insert "sec. 40" Page 43, line 1: Delete "sec. 59" Insert "sec. 60" Page 43, line 5: Delete "sec. 27" Insert "sec. 28" Page 43, line 6: Delete "sec. 28" Insert "sec. 29" Page 43, line 7: Delete "sec. 29" Insert "sec. 30" Page 43, line 8: Delete "sec. 30" Insert "sec. 31" 2017-11-04 House Journal Page 1851 Page 43, line 9: Delete "sec. 31" Insert "sec. 32" Page 43, line 10: Delete "sec. 32" Insert "sec. 33" Page 43, line 11: Delete "sec. 33" Insert "sec. 34" Page 43, line 12: Delete "sec. 34" Insert "sec. 35" Page 43, following line 12: Insert a new subsection to read: "(c) AS 12.55.090(g), as amended by sec. 26 of this Act, applies to probation ordered on or after the effective date of sec. 26 of this Act, for offenses committed on or after the effective date of sec. 26 of this Act." Reletter the following subsection accordingly. Page 43, line 13: Delete "sec. 49" Insert "sec. 50" Page 43, line 14: Delete "sec. 49" Insert "sec. 50" Page 43, line 17: Delete "SECS. 37 AND 69" Insert "SECS. 38 AND 70" Page 43, lines 17 - 18: Delete "sec. 37" Insert "sec. 38" 2017-11-04 House Journal Page 1852 Page 43, line 20: Delete "Section 69" Insert "Section 70" Delete "sec. 37" Insert "sec. 38" Page 43, line 24: Delete "SEC. 66" Insert "SEC. 67" Page 43, line 25: Delete "Section 66" Insert "Section 67" Page 44, line 4: Delete "41" Insert "42" Page 44, line 5: Delete "sec. 72" Insert "sec. 73" Delete "sec. 66" Insert "sec. 67" Page 44, line 7: Delete "Section 40" Insert "Section 41" Page 44, line 8: Delete "sec. 37" Insert "sec. 38" Delete "sec. 71(a)" Insert "sec. 72(a)" Page 44, line 10: Delete "sec. 69" Insert "sec. 70" Delete "sec. 71(b)" Insert "sec. 72(b)" 2017-11-04 House Journal Page 1853 Page 44, line 12: Delete "Section 68" Insert "Section 69" Page 44, line 13: Delete "sec. 37" Insert "sec. 38" Delete "sec. 76" Insert "sec. 77" Page 44, line 15: Delete "secs. 73 - 78" Insert "secs. 74 - 79" Representative Josephson moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Fansler objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) Second Reading Amendment No. 7 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Chenault, Eastman, Grenn, Johnson, Josephson, LeDoux, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Tilton, Tuck, Wilson Nays: Birch, Claman, Drummond, Edgmon, Fansler, Foster, Gara, Guttenberg, Johnston, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Thompson, Westlake, Wool And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representatives Josephson, Eastman, and Saddler: 2017-11-04 House Journal Page 1854 Page 15, following line 1: Insert a new bill section to read: "* Sec. 26. AS 12.55.090(g) is amended to read: (g) A probation officer shall recommend to the court that probation be terminated and a defendant be discharged from probation if the defendant (1) has completed at least (A) two years on probation if the person was convicted of a class A or class B felony that is not a crime under (5) of this subsection; or (B) 18 months [ONE YEAR] on probation if the person was convicted of a crime that is not a crime (i) under (A) of this paragraph; or (ii) under (5) of this subsection; (2) has completed all treatment programs required as a condition of probation; (3) has not been found in violation of conditions of probation by the court for the period specified in (1) of this subsection; (4) is currently in compliance with all conditions of probation for all of the cases for which the person is on probation; and (5) has not been convicted of an unclassified felony offense, a sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as defined in AS 18.66.990." Renumber the following bill sections accordingly. Page 42, line 30: Delete "sec. 38" Insert "sec. 39" Page 42, line 31: Delete "sec. 39" Insert "sec. 40" Page 43, line 1: Delete "sec. 59" Insert "sec. 60" 2017-11-04 House Journal Page 1855 Page 43, line 5: Delete "sec. 27" Insert "sec. 28" Page 43, line 6: Delete "sec. 28" Insert "sec. 29" Page 43, line 7: Delete "sec. 29" Insert "sec. 30" Page 43, line 8: Delete "sec. 30" Insert "sec. 31" Page 43, line 9: Delete "sec. 31" Insert "sec. 32" Page 43, line 10: Delete "sec. 32" Insert "sec. 33" Page 43, line 11: Delete "sec. 33" Insert "sec. 34" Page 43, line 12: Delete "sec. 34" Insert "sec. 35" Page 43, following line 12: Insert a new subsection to read: "(c) AS 12.55.090(g), as amended by sec. 26 of this Act, applies to probation ordered on or after the effective date of sec. 26 of this Act, for offenses committed on or after the effective date of sec. 26 of this Act." Reletter the following subsection accordingly. 2017-11-04 House Journal Page 1856 Page 43, line 13: Delete "sec. 49" Insert "sec. 50" Page 43, line 14: Delete "sec. 49" Insert "sec. 50" Page 43, line 17: Delete "SECS. 37 AND 69" Insert "SECS. 38 AND 70" Page 43, lines 17 - 18: Delete "sec. 37" Insert "sec. 38" Page 43, line 20: Delete "Section 69" Insert "Section 70" Delete "sec. 37" Insert "sec. 38" Page 43, line 24: Delete "SEC. 66" Insert "SEC. 67" Page 43, line 25: Delete "Section 66" Insert "Section 67" Page 44, line 4: Delete "41" Insert "42" Page 44, line 5: Delete "sec. 72" Insert "sec. 73" Delete "sec. 66" Insert "sec. 67" 2017-11-04 House Journal Page 1857 Page 44, line 7: Delete "Section 40" Insert "Section 41" Page 44, line 8: Delete "sec. 37" Insert "sec. 38" Delete "sec. 71(a)" Insert "sec. 72(a)" Page 44, line 10: Delete "sec. 69" Insert "sec. 70" Delete "sec. 71(b)" Insert "sec. 72(b)" Page 44, line 12: Delete "Section 68" Insert "Section 69" Page 44, line 13: Delete "sec. 37" Insert "sec. 38" Delete "sec. 76" Insert "sec. 77" Page 44, line 15: Delete "secs. 73 - 78" Insert "secs. 74 - 79" Representative Josephson moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Fansler objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) Second Reading Amendment No. 8 YEAS: 21 NAYS: 19 EXCUSED: 0 ABSENT: 0 2017-11-04 House Journal Page 1858 Yeas: Birch, Chenault, Eastman, Grenn, Johnson, Johnston, Josephson, Knopp, Kopp, LeDoux, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Tilton, Tuck, Wilson Nays: Claman, Drummond, Edgmon, Fansler, Foster, Gara, Guttenberg, Kawasaki, Kito, Kreiss-Tomkins, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Thompson, Westlake, Wool And so, Amendment No. 8 was adopted. Amendment No. 9 was offered by Representative Seaton: Page 3, lines 9 - 10: Delete "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Insert ", adjusted for inflation as provided in AS 11.46.982," Representative Seaton moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Wilson objected and withdrew the objection. Representative Eastman objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H Second Reading Amendment No. 9 YEAS: 31 NAYS: 8 EXCUSED: 0 ABSENT: 1 Yeas: Birch, Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, LeDoux, Ortiz, Parish, Pruitt, Rauscher, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tuck, Westlake, Wool Nays: Chenault, Eastman, Johnson, Millett, Neuman, Reinbold, Tilton, Wilson 2017-11-04 House Journal Page 1859 Absent: Kreiss-Tomkins And so, Amendment No. 9 was adopted. Amendment No. 10 was offered by Representative Josephson: Page 17, lines 18 - 21: Delete "60 days, if the defendant has one previous conviction for conduct violative of criminal laws, punishable as felonies or misdemeanors, similar in nature to the offense for which the defendant is being sentenced; (3)" Page 18, line 24, through page 19, line 14: Delete all material. Renumber the following bill sections accordingly. Page 42, line 30: Delete "sec. 38" Insert "sec. 37" Page 42, line 31: Delete "sec. 39" Insert "sec. 38" Page 43, line 1: Delete "sec. 59" Insert "sec. 58" Page 43, line 10, following "Act;": Insert "and" Page 43, line 11: Delete all material. Renumber the following paragraph accordingly. Page 43, line 12: Delete "sec. 34" Insert "sec. 33" 2017-11-04 House Journal Page 1860 Page 43, line 13: Delete "sec. 49" Insert "sec. 48" Page 43, line 14: Delete "sec. 49" Insert "sec. 48" Page 43, line 17: Delete "SECS. 37 AND 69" Insert "SECS. 36 AND 68" Page 43, lines 17 - 18: Delete "sec. 37" Insert "sec. 36" Page 43, line 20: Delete "Section 69" Insert "Section 68" Delete "sec. 37" Insert "sec. 36" Page 43, line 24: Delete "SEC. 66" Insert "SEC. 65" Page 43, line 25: Delete "Section 66" Insert "Section 65" Page 44, line 4: Delete "41" Insert "40" Page 44, line 5: Delete "sec. 72" Insert "sec. 71" Delete "sec. 66" Insert "sec. 65" 2017-11-04 House Journal Page 1861 Page 44, line 7: Delete "Section 40" Insert "Section 39" Page 44, line 8: Delete "sec. 37" Insert "sec. 36" Delete "sec. 71(a)" Insert "sec. 70(a)" Page 44, line 10: Delete "sec. 69" Insert "sec. 68" Delete "sec. 71(b)" Insert "sec. 70(b)" Page 44, line 12: Delete "Section 68" Insert "Section 67" Page 44, line 13: Delete "sec. 37" Insert "sec. 36" Delete "sec. 76" Insert "sec. 75" Page 44, line 15: Delete "secs. 73 - 78" Insert "secs. 72 - 77" Representative Josephson moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Fansler objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H Second Reading Amendment No. 10 YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 2017-11-04 House Journal Page 1862 Yeas: Chenault, Drummond, Eastman, Grenn, Johnson, Josephson, Kawasaki, Knopp, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Spohnholz, Sullivan-Leonard, Talerico, Tarr, Tilton, Tuck, Wilson Nays: Birch, Claman, Edgmon, Fansler, Foster, Gara, Guttenberg, Johnston, Kito, Kopp, Kreiss-Tomkins, Seaton, Stutes, Thompson, Westlake, Wool And so, Amendment No. 10 was adopted.