Legislature(2019 - 2020)

2019-04-27 House Journal

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2019-04-27                     House Journal                      Page 0737
HB 14                                                                                                                         
The following, which was advanced to third reading from the April 26                                                            
calendar (page 728), was read the third time:                                                                                   
                                                                                                                                
    CS FOR HOUSE BILL NO. 14(FIN)                                                                                               
    "An Act relating to assault in the first degree; relating to                                                                
    harassment; relating to sex offenses; relating to the definition of                                                         
    'dangerous instrument'; providing for an aggravating factor at                                                              
    sentencing for strangulation that results in unconsciousness;                                                               
    relating to the duties of the prosecuting attorney; and relating to                                                         
    victim notifications."                                                                                                      
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that CSHB                                                               
14(FIN) be returned to second reading for the specific purpose of                                                               
considering Amendment No. 2.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representatives Pruitt and                                                                       
Rauscher:                                                                                                                       
                                                                                                                                
Page 1, line 2, following "instrument';" (title amendment):                                                                   
    Insert "relating to sentencing;"                                                                                          
                                                                                                                                
Page 3, following line 13:                                                                                                      
    Insert new bill sections to read:                                                                                           
"* Sec. 5. AS 12.55.027(d) is amended to read:                                                                                
         (d)  A court may not grant credit against a sentence of                                                            
    imprisonment for time spent in a private residence or under                                                             
    electronic monitoring [IF THE PERSON HAS NOT                                                                                
    COMMITTED A CRIMINAL OFFENSE WHILE UNDER                                                                                    
    ELECTRONIC MONITORING AND THE COURT IMPOSES                                                                                 

2019-04-27                     House Journal                      Page 0738
    RESTRICTIONS ON THE PERSON'S FREEDOM OF                                                                                     
    MOVEMENT AND BEHAVIOR WHILE UNDER THE                                                                                       
    ELECTRONIC MONITORING PROGRAM, INCLUDING                                                                                    
    REQUIRING THE PERSON TO BE CONFINED TO A                                                                                    
    RESIDENCE EXCEPT FOR A                                                                                                      
             (1)  COURT APPEARANCE;                                                                                             
             (2)  MEETING WITH COUNSEL; OR                                                                                      
             (3)  PERIOD DURING WHICH THE PERSON IS AT A                                                                        
    LOCATION ORDERED BY THE COURT FOR THE                                                                                       
    PURPOSES OF EMPLOYMENT, ATTENDING                                                                                           
    EDUCATIONAL OR VOCATIONAL TRAINING,                                                                                         
    PERFORMING COMMUNITY VOLUNTEER WORK, OR                                                                                     
    ATTENDING A REHABILITATIVE ACTIVITY OR MEDICAL                                                                              
    APPOINTMENT].                                                                                                               
   * Sec. 6. AS 12.55.027(e) is amended to read:                                                                              
         (e)  If a defendant intends to claim credit toward a sentence of                                                       
    imprisonment for time spent in a treatment program [OR UNDER                                                                
    ELECTRONIC MONITORING] either as a condition of                                                                             
    probation or as a condition of bail release after a petition to revoke                                                      
    probation has been filed, the defendant shall file notice with the                                                          
    court and the prosecutor 10 days before the disposition hearing.                                                            
    The notice shall include the amount of time the defendant is                                                                
    claiming. The defendant must prove by a preponderance of the                                                                
    evidence that the credit claimed meets the requirements of this                                                             
    section. A court may not consider, except for good cause, a                                                                 
    request for credit made under this subsection more than 90 days                                                             
    after the disposition hearing."                                                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 9, following line 16:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 10. AS 12.55.027(g) is repealed."                                                                                     
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Page 9, line 19, following "APPLICABILITY.":                                                                                    
    Insert "(a)"                                                                                                                
                                                                                                                                
                                                                                                                                

2019-04-27                     House Journal                      Page 0739
Page 9, line 22:                                                                                                                
    Delete "sec. 5"                                                                                                             
    Insert "sec. 7"                                                                                                             
                                                                                                                                
Page 9, following line 23:                                                                                                      
    Insert a new subsection to read:                                                                                            
    "(b)  AS 12.55.027(d), as amended by sec. 5 of this Act, and                                                                
AS 12.55.027(e), as amended by sec. 6 of this act, apply to sentences                                                           
imposed on or after the effective date of this Act."                                                                            
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that                                                                    
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Wilson objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 14(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  19   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Johnson, Josephson, LeDoux, Merrick,                                                                 
Neuman, Pruitt, Rasmussen, Rauscher, Revak, Shaw,                                                                               
Sullivan-Leonard, Talerico, Tarr, Tilton, Tuck, Vance                                                                           
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Foster, Hannan, Hopkins,                                                                       
Johnston, Knopp, Kopp, Kreiss-Tomkins, LeBon, Lincoln, Ortiz,                                                                   
Spohnholz, Story, Stutes, Thompson, Wilson, Zulkosky                                                                            
                                                                                                                                
Excused:  Fields, Jackson, Wool                                                                                                 
                                                                                                                                
Tarr changed from "Nay" to "Yea".                                                                                               
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
CSHB 14(FIN) was automatically in third reading.                                                                                
                                                                                                                                
The question being:  "Shall CSHB 14(FIN) pass the House?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                

2019-04-27                     House Journal                      Page 0740
CSHB 14(FIN)                                                                                                                    
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  1   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Edgmon, Foster, Hannan,                                                                     
Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                             
Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick, Neuman, Ortiz,                                                                 
Pruitt, Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story, Stutes,                                                             
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance,                                                                
Wilson, Zulkosky                                                                                                                
                                                                                                                                
Nays:  Eastman                                                                                                                  
                                                                                                                                
Excused:  Fields, Jackson, Wool                                                                                                 
                                                                                                                                
And so, CSHB 14(FIN) passed the House and was referred to the                                                                   
Chief Clerk for engrossment.