Legislature(2017 - 2018)
2017-11-05 House Journal
Full Journal pdf2017-11-05 House Journal Page 1948 SB 54 The following, which was held in second reading from the November 4 calendar (page 1945), was before the House: HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H "An Act relating to crime and criminal law; relating to violation of condition of release; relating to sex trafficking; classifying U- 2017-11-05 House Journal Page 1949 47700 as a schedule IA controlled substance; classifying tramadol and related substances as schedule IVA controlled substances; relating to sentencing; relating to imprisonment; relating to parole; relating to probation; relating to driving without a license; establishing a maximum caseload for probation and parole officers; relating to the pretrial services program; relating to the Alaska Criminal Justice Commission; relating to the Alaska Judicial Council; and providing for an effective date." Amendment No. 12 was offered by Representatives Reinbold, Kawasaki, Eastman, Rauscher, and Tuck: Page 15, line 27, through page 16, line 16: Delete all material and insert: "* Sec. 28. AS 12.55.125(e) is amended to read: (e) Except as provided in (i) of this section, a defendant convicted of a class C felony may be sentenced to a definite term of imprisonment of not more than five 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 (4) of this subsection, [PROBATION, WITH A SUSPENDED TERM OF IMPRISONMENT OF] zero to two years [18 MONTHS]; a defendant sentenced under this paragraph may, if the court finds it appropriate, be granted a suspended imposition of sentence under AS 12.55.085, and the court may, as a condition of probation under AS 12.55.086, require the defendant to serve an active term of imprisonment within the range specified in this paragraph; (2) if the offense is a second felony conviction, two [ONE] to four [THREE] years; (3) if the offense is a third felony conviction, three [TWO] to five years; (4) if the offense is a first felony conviction, and the defendant violated [(A)] AS 08.54.720(a)(15), one to two years [; (B) AS 28.35.030(n)(1)(A) OR 28.35.032(p)(1)(A), 120 DAYS TO 239 DAYS; 2017-11-05 House Journal Page 1950 (C) AS 28.35.030(n)(1)(B) OR 28.35.032(p)(1)(B), 240 DAYS TO 359 DAYS; (D) AS 28.35.030(n)(1)(C) OR 23.35.032(p)(1)(C), 360 DAYS TO TWO YEARS]." Page 42, lines 3 - 4: Delete "AS 12.55.125(e)(4)(C), 12.55.125(e)(4)(D), 12.55.125(e)(4)(E);" Representative Reinbold moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Fansler objected. Representative Claman rose to a point of order regarding confining remarks to the amendment before the body. The Speaker acknowledged the point of order and requested that members cite Mason's Manual in the future. Amendment No. 1 to Amendment No. 12 was offered by Representative Johnston: Under Sec. 28., (2): Delete "two [ONE]" Insert "one" Under Sec. 28., (3): Delete "three [TWO]" Insert "two" Representative Johnston moved and asked unanimous consent that Amendment No. 1 to Amendment No. 12 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 12 as amended be adopted?" The roll was taken with the following result: 2017-11-05 House Journal Page 1951 HCS CSSB 54(FIN) am H Second Reading Amendment No. 12 as amended YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Chenault, Eastman, Grenn, Johnson, Johnston, Josephson, Kawasaki, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Pruitt, Reinbold, Saddler, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson Nays: Claman, Drummond, Edgmon, Fansler, Foster, Gara, Guttenberg, Kito, Ortiz, Parish, Seaton, Westlake, Wool Excused: Rauscher And so, Amendment No. 12 as amended was adopted. The Speaker stated that, without objection, Amendment No. 13 would be moved to the bottom of the amendments. Amendment No. 14 was offered by Representatives LeDoux, Eastman, Rauscher, and Tuck: Page 18, line 8: Delete "10" Insert "15" Page 18, line 13: Delete "five" Insert "10" Page 18, line 19: Delete "suspended" Insert "active" Representative LeDoux moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Fansler objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: 2017-11-05 House Journal Page 1952 HCS CSSB 54(FIN) am H Second Reading Amendment No. 14 YEAS: 21 NAYS: 18 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Chenault, Eastman, Johnson, Johnston, Josephson, Kawasaki, Knopp, Kopp, LeDoux, Millett, Neuman, Pruitt, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Wilson Nays: Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Kito, Kreiss-Tomkins, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Westlake, Wool Excused: Rauscher And so, Amendment No. 14 was adopted. **The presence of Representative Rauscher, who was excused (page 1947), was noted. Amendment No. 15 was offered by Representatives LeDoux and Eastman: Page 18, following line 23: Insert a new bill section to read: "* Sec. 33. AS 12.55.135(m) is amended to read: (m) A court may not impose a sentence of imprisonment for a definite term of more than five days [24 HOURS] for a person convicted of disorderly conduct under AS 11.61.110." 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" 2017-11-05 House Journal Page 1953 Page 43, following line 10: Insert a new paragraph to read: "(8) AS 12.55.135(m), as amended by sec. 33 of this Act;" Renumber the following paragraphs accordingly. Page 43, line 11: Delete "sec. 33" Insert "sec. 34" Page 43, line 12: Delete "sec. 34" Insert "sec. 35" 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" 2017-11-05 House Journal Page 1954 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)" 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" 2017-11-05 House Journal Page 1955 Page 44, line 15: Delete "secs. 73 - 78" Insert "secs. 74 - 79" Representative LeDoux moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Fansler objected. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H Second Reading Amendment No. 15 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Eastman, Johnson, Josephson, Knopp, Kopp, LeDoux, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Nays: Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnston, Kawasaki, Kito, Kreiss-Tomkins, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool And so, Amendment No. 15 was not adopted. Amendment No. 16 was offered by Representatives Talerico, Millett, and Eastman: Page 2, lines 1 - 2: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 2, 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,]" 2017-11-05 House Journal Page 1956 Page 2, lines 25 - 26: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 3, following line 2: Insert a new bill section to read: "* Sec. 3. AS 11.46.150(a) is amended to read: (a) A person commits the crime of theft in the fourth degree if the person commits theft as defined in AS 11.46.100 and the value of the property or services [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250." Renumber the following bill sections accordingly. Page 3, lines 7 - 8: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 3, lines 21 - 22: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 3, lines 29 - 30: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 4, lines 3 - 4: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 4, lines 6 - 7: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" 2017-11-05 House Journal Page 1957 Page 4, 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,]" Page 4, lines 14 - 15: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 4, lines 17 - 18: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 4, lines 20 - 21: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 4, lines 25 - 26: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 4, lines 27 - 28: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 4, lines 29 - 30: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 5, lines 4 - 5: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" 2017-11-05 House Journal Page 1958 Page 5, line 8: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 5, line 18: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 5, lines 21 - 22: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 6, line 11: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 6, line 28: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 7, following line 9: Insert a new bill section to read: "* Sec. 12. AS 11.46.486(a) is amended to read: (a) A person commits the crime of criminal mischief in the fifth degree if, having no right to do so or any reasonable ground to believe the person has such a right, (1) with reckless disregard for the risk of harm to or loss of the property or with intent to cause substantial inconvenience to another, the person tampers with property of another; (2) with intent to damage property of another, the person damages property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] less than $250; or (3) the person rides in a propelled vehicle knowing it has been stolen or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1)." 2017-11-05 House Journal Page 1959 Renumber the following bill sections accordingly. Page 7, line 13: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 7, line 16: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 7, line 19: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 7, lines 22 - 23: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 7, lines 24 - 25: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 7, lines 28 - 29: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 8, lines 1 - 2: Delete ", adjusted for inflation as provided in AS 11.46.982," Insert "[, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,]" Page 8, lines 3 - 16: Delete all material. 2017-11-05 House Journal Page 1960 Renumber the following bill sections accordingly. Page 42, line 3, following "Sec. 67.": Insert "AS 11.46.980(d), 11.46.982;" Page 42, following line 12: Insert a new paragraph to read: "(3) AS 11.46.150(a), as amended by sec. 3 of this Act;" Renumber the following paragraphs accordingly. Page 42, line 13: Delete "sec. 3" Insert "sec. 4" Page 42, line 14: Delete "sec. 4" Insert "sec. 5" Page 42, line 15: Delete "sec. 5" Insert "sec. 6" Page 42, line 16: Delete "sec. 6" Insert "sec. 7" Page 42, line 17: Delete "sec. 7" Insert "sec. 8" Page 42, line 18: Delete "sec. 8" Insert "sec. 9" Page 42, line 19: Delete "sec. 9" Insert "sec. 10" 2017-11-05 House Journal Page 1961 Page 42, line 20: Delete "sec. 10" Insert "sec. 11" Page 42, following line 20: Insert a new paragraph to read: "(12) AS 11.46.486(a), as amended by sec. 12 of this Act;" Renumber the following paragraphs accordingly. Page 42, line 21: Delete "sec. 11" Insert "sec. 13" Page 42, line 22: Delete "sec. 12" Insert "sec. 14" Page 42, line 23: Delete "sec. 13" Insert "sec. 15" Representative Talerico moved and asked unanimous consent that Amendment No. 16 be adopted. Representative Fansler objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H Second Reading Amendment No. 16 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Eastman, Johnson, Johnston, Josephson, Knopp, Kopp, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Thompson, Tilton, Wilson Nays: Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Ortiz, Parish, 2017-11-05 House Journal Page 1962 Seaton, Spohnholz, Stutes, Talerico, Tarr, Tuck, Westlake, Wool And so, Amendment No. 16 was not adopted. The Speaker stated that, without objection, Amendment No. 17 would be moved to the bottom of the amendments. Representative Talerico moved and asked unanimous consent to rescind previous action in failing to adopt Amendment No. 16. There being no objection, it was so ordered. Representative Gara placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H Second Reading Amendment No. 16 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Eastman, Grenn, Johnson, Johnston, Knopp, Kopp, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Nays: Claman, Drummond, Edgmon, Fansler, Foster, Gara, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool And so, Amendment No. 16 was not adopted. Amendment No. 18 was not offered. Amendment No. 19 was offered by Representatives Wilson, Eastman, Tuck, and Kawasaki: Page 1, line 4, following "imprisonment;" (title amendment): Insert "relating to court records concerning sentencing in criminal cases;" 2017-11-05 House Journal Page 1963 Page 25, following line 4: Insert a new bill section to read: "* Sec. 38. AS 22.35 is amended by adding a new section to read: Sec. 22.35.040. Records concerning sentencing in criminal cases. The Alaska Court System shall publish a court record relating to the sentence imposed upon conviction of a crime in a criminal case on a publicly available website at no cost to the user." 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 13: Delete "sec. 49" Insert "sec. 50" Page 43, line 14: Delete "sec. 49" Insert "sec. 50" Page 43, line 17: Delete "69" Insert "70" Page 43, line 20: Delete "Section 69" Insert "Section 70" Page 43, line 24: Delete "SEC. 66" Insert "SEC. 67" 2017-11-05 House Journal Page 1964 Page 43, line 25: Delete "Section 66" Insert "Section 67" Page 44, line 4: Delete "and 41" Insert "38, and 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. 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. 76" Insert "sec. 77" Page 44, line 15: Delete "secs. 73 - 78" Insert "secs. 74 - 79" 2017-11-05 House Journal Page 1965 Representative Wilson moved and asked unanimous consent that Amendment No. 19 be adopted. Representative Fansler objected.