Legislature(2019 - 2020)

2019-05-14 Senate Journal

Full Journal pdf

2019-05-14                     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:                                                                                      
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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:                                                                                                     
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"* 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;                                                                                                                

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              (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:                                                                                                          
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"* 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,]"                                                                                                                 
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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)"                                                                                                      
                                                                                                                                
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     Delete "12.55.110(g), 12.55.110(h),"                                                                                       
     Insert "12.55.110(h)(1),"                                                                                                  
                                                                                                                                
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          (12)  AS 33.16.215(a), as amended to read by sec. 121 of this                                                         
Act."                                                                                                                           
                                                                                                                                
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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":                                                                                      
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Page 65, following line 17:                                                                                                     
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"* 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.                                                                                  
                                                                                                                                
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2019-05-14                     Senate Journal                      Page 1173
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2019-05-14                     Senate Journal                      Page 1174
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2019-05-14                     Senate Journal                      Page 1175
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2019-05-14                     Senate Journal                      Page 1176
Page 95, line 29:                                                                                                               
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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:                                                                                                         
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              "(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:                                                                                       
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              "(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."                                                                               
                                                                                                                                
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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.