Legislature(2017 - 2018)

2017-05-17 House Journal

Full Journal pdf

2017-05-17                     House Journal                      Page 1485
SB 55                                                                                                                         
The following, which had been moved to the bottom of the calendar                                                               
(page 1480), was read the third time:                                                                                           
                                                                                                                                
    HOUSE CS FOR CS FOR SENATE BILL NO. 55(RLS)                                                                                 
    "An Act relating to criminal law and procedure; relating to                                                                 
    controlled substances; relating to sentencing; relating to protective                                                       
    orders; relating to restitution; relating to the period of probation;                                                       
    relating to revocation, termination, suspension, cancellation, or                                                           
    restoration of a driver's license; relating to parole; relating to the                                                      
    duties of the Department of Corrections and the Department of                                                               
    Health and Social Services; requiring an inventory of and reports                                                           
    on untested sexual assault examination kits; and providing for an                                                           
    effective date."                                                                                                            
                                                                                                                                
Representative Reinbold moved and asked unanimous consent that                                                                  
HCS CSSB 55(RLS) be returned to second reading for the specific                                                                 
purpose of considering Amendment No. 1.  There being no objection,                                                              
it was so ordered.                                                                                                              
                                                                                                                                
The Speaker stated that, without objection, HCS CSSB 55(RLS)                                                                    
would be returned to second reading for all amendments.                                                                         
                                                                                                                                
Amendment No. 1 was offered by Representative Reinbold:                                                                         
                                                                                                                                
                                                                                                                                

2017-05-17                     House Journal                      Page 1486
Page 7, following line 30:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 15. 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 one year [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;                                                                                                               
             (2)  if the offense is a second felony conviction, one to                                                          
    three years;                                                                                                                
             (3)  if the offense is a third felony conviction, 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;                                                                                                  
                  (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."                                                                                                
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 19, following line 2:                                                                                                      
    Insert a new subsection to read:                                                                                            
    "(d)  AS 12.55.125(e), as amended by sec. 15 of this Act, applies                                                           
to sentences imposed on or after the effective date of sec. 15 of this                                                          
Act, for conduct occurring on or after the effective date of sec. 15 of                                                         
this Act."                                                                                                                      
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  

2017-05-17                     House Journal                      Page 1487
Page 19, line 3:                                                                                                                
    Delete "sec. 23"                                                                                                            
    Insert "sec. 24"                                                                                                            
                                                                                                                                
Page 19, lines 5 - 6:                                                                                                           
    Delete "sec. 23"                                                                                                            
    Insert "sec. 24"                                                                                                            
                                                                                                                                
Page 19, line 6:                                                                                                                
    Delete "sec. 23"                                                                                                            
    Insert "sec. 24"                                                                                                            
                                                                                                                                
Page 19, line 16:                                                                                                               
    Delete "16, 18, and 23 - 30"                                                                                                
    Insert "17, 19, and 24 - 31"                                                                                                
                                                                                                                                
Representative Reinbold moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Claman objected and rose to a point of order stating the                                                         
amendment violated Rule 39 of the Uniform Rules and cited Mason's                                                               
Manual secs. 378, 390, and 491.                                                                                                 
                                                                                                                                
The Speaker ruled the amendment out of order.                                                                                   
                                                                                                                                
Representative Reinbold appealed the ruling of the Chair.                                                                       
                                                                                                                                
The Speaker limited the debate on the ruling to two minutes per                                                                 
member.                                                                                                                         
                                                                                                                                
Representative Tarr rose to a point of order.                                                                                   
                                                                                                                                
The Speaker asked members to speak to the ruling of the Chair.                                                                  
                                                                                                                                
Representative LeDoux rose to a point of order regarding impugning                                                              
the motives of other members.                                                                                                   
                                                                                                                                
The Speaker stated that members should speak to the appeal.                                                                     
                                                                                                                                
The question being:  "Shall the ruling of the Chair be sustained?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                

2017-05-17                     House Journal                      Page 1488
HCS CSSB 55(RLS)                                                                                                                
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
Sustain the Ruling of the Chair                                                                                                 
                                                                                                                                
YEAS:  22   NAYS:  17   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn,                                                                  
Guttenberg, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins,                                                                    
LeDoux, Ortiz, Parish, Seaton, Stutes, Tarr, Tuck, Westlake, Wool                                                               
                                                                                                                                
Nays:  Birch, Chenault, Eastman, Johnson, Johnston, Knopp, Millett,                                                             
Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard,                                                                  
Talerico, Thompson, Tilton, Wilson                                                                                              
                                                                                                                                
Excused:  Spohnholz                                                                                                             
                                                                                                                                
And so, the ruling of the Chair was sustained.                                                                                  
                                                                                                                                
Representative Claman moved that Amendment Nos. 2 - 15 be                                                                       
consolidated and tabled.                                                                                                        
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment Nos. 2 - 15 be consolidated                                                               
and tabled?"  The roll was taken with the following result:                                                                     
                                                                                                                                
HCS CSSB 55(RLS)                                                                                                                
Second Reading                                                                                                                  
Consolidate Amendment Nos. 2-15 and Table                                                                                       
                                                                                                                                
YEAS:  25   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Claman, Drummond, Edgmon, Fansler, Foster, Gara,                                                                  
Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp,                                                                  
Kopp, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Seaton, Stutes, Tarr,                                                              
Tuck, Westlake, Wool                                                                                                            
                                                                                                                                
Nays:  Chenault, Eastman, Johnson, Millett, Neuman, Pruitt,                                                                     
Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson,                                                              
Tilton, Wilson                                                                                                                  
                                                                                                                                
Excused:  Spohnholz                                                                                                             
                                                                                                                                
And so, the amendments were consolidated and tabled.                                                                            
                                                                                                                                

2017-05-17                     House Journal                      Page 1489
HCS CSSB 55(RLS) was automatically in third reading.                                                                            
                                                                                                                                
Representative Stutes rose to a point of order.                                                                                 
                                                                                                                                
The Speaker cautioned members to speak to the bill.                                                                             
                                                                                                                                
Representative Wool rose to a point of order.                                                                                   
                                                                                                                                
The Speaker asked that members identify a reference to levy a point of                                                          
order and requested that all members speak to the bill.                                                                         
                                                                                                                                
The question being:  "Shall HCS CSSB 55(RLS) pass the House?"                                                                   
The roll was taken with the following result:                                                                                   
                                                                                                                                
HCS CSSB 55(RLS)                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Chenault, Claman, Drummond, Edgmon, Fansler, Foster,                                                              
Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki,                                                                
Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz,                                                              
Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Stutes,                                                                    
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake,                                                             
Wool                                                                                                                            
                                                                                                                                
Nays:  Eastman, Wilson                                                                                                          
                                                                                                                                
Excused:  Spohnholz                                                                                                             
                                                                                                                                
And so, HCS CSSB 55(RLS) passed the House.                                                                                      
                                                                                                                                
Representative Tuck 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.                                                            
                                                                                                                                
HCS CSSB 55(RLS) was referred to the Chief Clerk for engrossment.