Legislature(2019 - 2020)
2019-04-27 House JournalFull Journal pdf
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.