Legislature(2019 - 2020)
2019-05-14 Senate Journal
Full Journal pdf2019-05-14 Senate Journal Page 1165 HB 49 SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S "An Act relating to criminal law and procedure; relating to marriage as a defense to certain crimes of sexual assault; establishing the crime of possession of motor vehicle theft tools; relating to controlled substances; relating to electronic monitoring; relating to probation and parole; relating to sentencing; amending the definitions of 'most serious felony,' 'sex offense,' and 'sex offender'; relating to registration of sex offenders; relating to the automated victim notification system; relating to reporting child abuse or neglect; relating to Alaska Native organizations; relating to the village public safety officer program; relating to cancellation of a driver's license; relating to driving while license canceled; relating to operating under the influence; relating to restoration of a driver's license; relating to refusal to submit to a chemical test; relating to the use of headlights; relating to the powers and duties of the commissioner of corrections; relating to pretrial services; relating to the duties of a prosecuting attorney; relating to testing of sexual assault examination kits; relating to reports of involuntary commitment; amending Rules 6(r)(6), 38.2, and 45(d), Alaska Rules of Criminal Procedure; and providing for an effective date" which had been returned to and held in second reading (page 1155) was before the Senate. Senator Kiehl offered Amendment No. 7 : Page 67, line 20, through page 68, line 10: Delete all material and insert: "* Sec. 104. AS 33.05.020(h) is amended to read: (h) The commissioner shall establish by regulation a program allowing probationers to earn credits for complying with the conditions of probation. The credits earned reduce the period of probation. Nothing in this subsection prohibits the department from recommending to the court the early discharge of the probationer as provided in AS 33.30. At a minimum, the regulations must (1) require that a probationer earn a credit of 10 [30] days for each 30-day period served in which the defendant complied with the conditions of probation; 2019-05-14 Senate Journal Page 1166 (2) include policies and procedures for (A) calculating and tracking credits earned by probationers; (B) reducing the probationer's period of probation based on credits earned by the probationer; and (C) notifying a victim under AS 33.30.013; (3) require that a probationer convicted of [A SEX OFFENSE AS DEFINED IN AS 12.63.100 OR] a crime involving domestic violence as defined in AS 18.66.990 complete all treatment programs required as a condition of probation before discharge based on credits earned under this subsection." Page 77, line 29, through page 78, line 20: Delete all material and insert: "* Sec. 123. AS 33.16.270 is amended to read: Sec. 33.16.270. Earned compliance credits. The commissioner shall establish by regulation a program allowing parolees to earn credits for complying with the conditions of parole. The earned compliance credits reduce the period of parole. Nothing in this section prohibits the department from recommending to the board the early discharge of the parolee as provided in this chapter. At a minimum, the regulations must (1) require that a parolee earn a credit of 10 [30] days for each 30-day period served in which the parolee complied with the conditions of parole; (2) include policies and procedures for (A) calculating and tracking credits earned by parolees; (B) reducing the parolee's period of parole based on credits earned by the parolee and notifying a victim under AS 33.30.013; (3) require that a parolee convicted of [A SEX OFFENSE AS DEFINED IN AS 12.63.100 OR] a crime involving domestic violence complete all treatment programs required as a condition of parole before discharge based on credits earned under this section." Senator Kiehl moved for the adoption of Amendment No. 7. Senator Micciche objected. 2019-05-14 Senate Journal Page 1167 The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SCS CSHB 49(FIN) am S Second Reading Amendment No. 7? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Birch, Bishop, Coghill, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Olson, Reinbold, Stevens, von Imhof, Wielechowski Nays: Costello, Giessel, Hughes, Micciche, Shower, Stedman, Wilson and so, Amendment No. 7 was adopted. Senator Kiehl offered Amendment No. 8 : Page 40, line 27, through page 41, line 9: Delete all material. Renumber the following bill sections accordingly. Page 42, line 28: Delete "[SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]" Insert "subject to the limits set out in AS 12.55.110" Page 44, following line 20: Insert a new bill section to read: "* Sec. 73. AS 12.55.110(c) is amended to read: (c) If a defendant is serving a period of probation for an offense, the court may find that the defendant has committed a technical violation of probation. If the court finds that a defendant has committed a technical violation of probation that does not include absconding, the court may reinstate the term of probation with appropriate conditions or impose a sentence of imprisonment of not more than (1) zero to three days for the first probation revocation; or (2) [FIVE DAYS FOR THE SECOND PROBATION REVOCATION; 2019-05-14 Senate Journal Page 1168 (3) 10 DAYS FOR THE THIRD PROBATION REVOCATION; OR (4)] the remainder of the suspended portion of the sentence for a second [FOURTH] or subsequent probation revocation." Renumber the following bill sections accordingly. Page 69, lines 19 - 21: Delete "[, INCLUDING RESPONSES TO TECHNICAL VIOLATIONS OF CONDITIONS OF PROBATION,]" Insert ", including responses to technical violations of conditions of probation," Page 77, lines 5 - 14: Delete all material and insert: "* Sec. 121. AS 33.16.215(a) is amended to read: (a) If a parolee is serving a period of parole for an offense, the board may find that the parolee has committed a technical violation of parole. If the board finds that a parolee has committed a technical violation of parole that does not include absconding, the board may reinstate the term of parole with appropriate conditions or revoke parole and impose a term of imprisonment of not more than (1) zero to three days for the first parole revocation; and (2) [FIVE DAYS FOR THE SECOND PAROLE REVOCATION; (3) 10 DAYS FOR THE THIRD PAROLE REVOCATION; AND (4)] the remainder of the sentence for a second [FOURTH] or subsequent parole revocation." Page 77, line 19: Delete "[SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,]" Insert "subject to the limits set out in AS 33.16.215," 2019-05-14 Senate Journal Page 1169 Page 80, lines 30 - 31: Delete "[PROBATIONERS AND PAROLEES ADMITTED SOLELY FOR A TECHNICAL VIOLATION;]" Insert "probationers and parolees admitted solely for a technical violation;" Page 89, line 10: Delete "12.55.110(c), 12.55.110(d), 12.55.110(e)" Insert "12.55.110(d)" Page 89, line 11: Delete "12.55.110(g), 12.55.110(h)," Insert "12.55.110(h)(1)," Page 89, line 13: Delete "33.16.215," Page 92, line 17: Delete "sec. 67" Insert "sec. 66" Page 92, line 18: Delete "sec. 68" Insert "sec. 67" Page 92, line 19: Delete "sec. 69" Insert "sec. 68" Page 92, line 20: Delete "sec. 70" Insert "sec. 69" Page 92, line 21: Delete "sec. 71" Insert "sec. 70" Page 93, line 13: Delete "sec. 72" Insert "sec. 71" 2019-05-14 Senate Journal Page 1170 Page 93, line 14: Delete "sec. 73" Insert "sec. 72" Page 94, line 7: Delete "Act." Insert "Act; (12) AS 33.16.215(a), as amended to read by sec. 121 of this Act." Page 94, line 10: Delete all material. Renumber the following paragraphs accordingly. Page 94, line 21: Delete "sec. 66" Insert "sec. 65" Page 94, line 22: Delete "sec. 66" Insert "sec. 65" Page 94, line 23: Delete "sec. 66" Insert "sec. 65" Senator Kiehl moved for the adoption of Amendment No. 8. Senator Micciche objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: SCS CSHB 49(FIN) am S Second Reading Amendment No. 8? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 2019-05-14 Senate Journal Page 1171 Yeas: Begich, Birch, Coghill, Gray-Jackson, Kawasaki, Kiehl, Olson, Stevens, Wielechowski Nays: Bishop, Costello, Giessel, Hoffman, Hughes, Micciche, Reinbold, Shower, Stedman, von Imhof, Wilson Olson changed from "Nay" to "Yea". and so, Amendment No. 8 failed. Senators Shower, Wilson, Micciche, Hughes offered Amendment No. 10 : Page 64, line 23, following "ordered": Insert "under (v) or (w) of this section or" Page 65, following line 17: Insert a new bill section to read: "* Sec. 100. AS 28.35.030 is amended by adding new subsections to read: (v) In addition to the penalties imposed under (n) of this section, if a person is convicted under (n) of this section and has been convicted two or more times under (n) of this section or a similar law of another jurisdiction at any time preceding the date of the present offense, upon conviction, the court shall permanently revoke the person's driver's license, privilege to drive, or privilege to obtain a license. (w) In addition to the penalties imposed under (b) of this section, if a person is convicted under (a) of this section and the person has previously had the person's driver's license restored under (o) of this section or under AS 28.35.032(q), upon conviction, the court shall permanently revoke the person's driver's license, privilege to drive, or privilege to obtain a license." Renumber the following bill sections accordingly. Page 66, line 27, following "jurisdiction": Insert "or the revocation was ordered under AS 28.35.030(v) or (w)" 2019-05-14 Senate Journal Page 1172 Page 93, following line 1: Insert a new paragraph to read: "(18) AS 28.35.030(v) and (w), enacted by sec. 100 of this Act;" Renumber the following paragraphs accordingly. Page 93, line 2: Delete "sec. 100" Insert "sec. 101" Page 93, line 3: Delete "sec. 125" Insert "sec. 126" Page 93, line 15: Delete "sec. 103" Insert "sec. "104 Page 93, line 16: Delete "sec. 105" Insert "sec. 106" Page 93, line 17: Delete "sec. 106" Insert "sec. 107" Page 93, line 18: Delete "sec. 107" Insert "sec. 108" Page 93, line 19: Delete "sec. 108" Insert "sec. 109" Page 93, line 23: Delete "sec. 104" Insert "sec. 105" 2019-05-14 Senate Journal Page 1173 Page 93, line 24: Delete "sec. 105" Insert "sec. 106" Page 93, line 25: Delete "sec. 107" Insert "sec. 108" Page 93, line 28: Delete "sec. 109" Insert "sec. 110" Page 93, line 29: Delete "sec. 110" Insert "sec. 111" Page 93, line 30: Delete "sec. 111" Insert "sec. 112" Page 94, line 1: Delete "sec. 113" Insert "sec. 114" Page 94, line 2: Delete "sec. 115" Insert "sec. 116" Page 94, line 3: Delete "sec. 116" Insert "sec. 117" Page 94, line 4: Delete "sec. 117" Insert "sec. 118" Page 94, line 5: Delete "sec. 118" Insert "sec. 119" 2019-05-14 Senate Journal Page 1174 Page 94, line 6: Delete "sec. 119" Insert "sec. 120" Page 94, line 7: Delete "sec. 120" Insert "sec. 121" Page 94, line 10: Delete "sec. 121" Insert "sec. 122" Page 94, line 11: Delete "sec. 122" Insert "sec. 123" Page 94, line 12: Delete "sec. 123" Insert "sec. 124" Page 94, line 13: Delete "sec. 124" Insert "sec. 125" Page 94, line 14: Delete "sec. 114" Insert "sec. 115" Page 94, line 15: Delete "sec. 114" Insert "sec. 115" Page 94, line 16: Delete "sec. 114" Insert "sec. 115" Page 94, line 18: Delete "sec. 101" Insert "sec. 102" 2019-05-14 Senate Journal Page 1175 Page 94, line 30: Delete "sec. 108" Insert "sec. 109" Page 95, line 5: Delete "secs. 130 and 131" Insert "secs. 131 and 132" Page 95, line 10: Delete "sec. 104" Insert "sec. 105" Delete "sec. 123" Insert "sec. 124" Page 95, line 12: Delete "sec. 104" Insert "sec. 105" Page 95, line 13: Delete "sec. 123" Insert "sec. 124" Page 95, line 23: Delete "Sections 141 - 144" Insert "Sections 142 - 145" Page 95, lines 23 - 24: Delete "secs. 141 - 144" Insert "secs. 142 - 145" Page 95, line 26: Delete "Sections 132 - 135" Insert "Sections 133 - 136" Page 95, line 27: Delete "Sections 129 - 131" Insert "Sections 130 - 132" Page 95, line 28: Delete "Section 137" Insert "Section 138" 2019-05-14 Senate Journal Page 1176 Page 95, line 29: Delete "Sections 102, 146, 148, and 151" Insert "Sections 103, 147, 149, and 152" Page 95, line 31: Delete "secs. 154 - 157" Insert "secs. 155 - 158" Senator Shower moved for the adoption of Amendment No. 10. Objections were heard. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: SCS CSHB 49(FIN) am S Second Reading Amendment No. 10? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, Amendment No. 10 was adopted. Senator Reinbold offered Amendment No. 9 : Page 30, lines 20 - 22: Delete all material and insert: "(12) violates AS 11.71.050(a)(4) and has been previously convicted of a crime under AS 11.71.050(a)(4)." Page 30, lines 28 - 29: Delete "in AS 03.05, AS 17.30, and AS 17.38 [AS 17.30]" Insert "AS 17.30 and AS 17.38" 2019-05-14 Senate Journal Page 1177 Page 31, line 7, through page 32, line 3: Delete all material and insert: "(4) under circumstances not proscribed under AS 11.71.030(a)(3), 11.71.040(a)(3), or 11.71.040(a)(4) [, OR 11.71.060(a)(2),] possesses any amount of a schedule IA, IIA, IIIA, IVA, VA, or VIA controlled substance." Page 32, line 19: Delete "[OR]" Insert "or" Page 32, line 21: Delete "; or" Insert "." Page 32, line 22, through page 33, line 14: Delete all material. Page 89, line 9, following "11.71.040(a)(11)": Insert ", 11.71.060(a)(2)" Senator Reinbold moved for the adoption of Amendment No. 9. Senator Micciche objected. Senator Wielechowski moved for the adoption of the following amendment to Amendment No. 9: Page 1, line 14: Delete "VIA" Page 1, line 15: Insert a new subsection to read: (4) under circumstances not proscribed under AS 11.71.040(a)(4), possesses (E) one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing a schedule VIA controlled substance. Legislative Legal is directed to make conforming changes. Senator Micciche objected then withdrew his objection. There being no further objection, Amendment No. 9 was amended. 2019-05-14 Senate Journal Page 1178 Senator Hughes moved and asked unanimous consent to be shown as a cosponsor on Amendment No. 9 as amended. Without objection, it was so ordered. The question being: "Shall Amendment No. 9 as amended be adopted?" The roll was taken with the following result: SCS CSHB 49(FIN) am S Second Reading Amendment No. 9 as Amended? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, Amendment No. 9 as amended was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S was automatically in third reading. Senator Hughes moved and asked unanimous consent to abstain from voting due to a conflict of interest. Senator Micciche objected and Senator Hughes was required to vote. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S "An Act relating to criminal law and procedure; relating to marriage as a defense to certain crimes of sexual assault; establishing the crime of possession of motor vehicle theft tools; relating to controlled substances; relating to electronic monitoring; relating to probation and parole; relating to sentencing; amending the definitions of 'most serious felony,' 'sex offense,' and 'sex offender'; relating to registration of sex offenders; relating to the automated victim notification system; relating to reporting child abuse or neglect; relating to Alaska Native organizations; relating to the village public safety officer program; relating to cancellation of a driver's license; relating to driving while license canceled; relating to operating under the influence; relating to restoration of a driver's license; relating to refusal to submit to a chemical test; relating to the use of headlights; relating to the powers and duties of the commissioner of corrections; relating to pretrial services; relating to the duties of a prosecuting 2019-05-14 Senate Journal Page 1179 attorney; relating to testing of sexual assault examination kits; relating to reports of involuntary commitment; amending Rules 6(r)(6), 38.2, and 45(d), Alaska Rules of Criminal Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 49(FIN) am S Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S passed the Senate. Senator Costello moved for the adoption of the court rule changes. The question being: "Shall the court rule changes be adopted?" The roll was taken with the following result: SCS CSHB 49(FIN) am S Adopt Court Rule Changes YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, the court rule changes were adopted. Senator Costello moved for the adoption of the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: SCS CSHB 49(FIN) am S Effective Date Clauses YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 2019-05-14 Senate Journal Page 1180 Yeas: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, the effective date clauses were adopted.