Legislature(2023 - 2024)
2023-05-10 House Journal
Full Journal pdf2023-05-10 House Journal Page 1009 HB 66 The following was read the second time: HOUSE BILL NO. 66 "An Act relating to homicide resulting from conduct involving controlled substances; relating to the computation of good time; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) NEW TITLE 4DP 1DNP 1NR 1AM 479 FN1: ZERO(COR) 479 FN2: ZERO(DFC) 479 FN3: ZERO(LAW) 479 FN4: ZERO(DPS) 479 FN5: (ADM) 479 FN6: (ADM) 479 FN7: ZERO(AJS) 479 FIN RPT CS(FIN) NEW TITLE 2DP 5NR 2AM 960 FN1: ZERO(COR) 960 FN2: ZERO(DFC) 960 FN4: ZERO(DPS) 960 FN5: (ADM) 960 FN6: (ADM) 960 FN7: ZERO(AJS) 960 FN8: ZERO(LAW) 960 2023-05-10 House Journal Page 1010 Representative Saddler moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 66(FIN) "An Act relating to homicide resulting from conduct involving controlled substances; relating to misconduct involving a controlled substance; relating to sentencing; and providing for an effective date." Representative Vance objected. **The presence of Representative D. Johnson was noted. Representative Vance withdrew the objection. There being no further objection, CSHB 66(FIN) was adopted. Amendment No. 1 was offered by Representative Cronk: Page 7, line 1: Delete "under AS 11.71.021(a)(1)" Page 7, lines 1 - 2: Delete "set out in AS 11.71.140(c)(29)" Representative Cronk moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Josephson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 66(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Carpenter, Cronk, C.Johnson, D.Johnson, McCabe, McKay, Patkotak, Prax, Rauscher, Saddler, Shaw, Stapp, Tilton, Tomaszewski, Vance, Wright 2023-05-10 House Journal Page 1011 Nays: Armstrong, Carrick, Coulombe, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Ruffridge, Schrage, Story, Stutes, Sumner And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Eastman: Page 1, line 1 (title amendment): Delete "relating to homicide resulting from conduct involving controlled substances;" Page 1, line 5, through page 2, line 31: Delete all material. Page 3, line 1: Delete "Sec. 3" Insert "Section 1" Renumber the following bill sections accordingly. Page 7, line 6: Delete all material. Renumber the following bill sections accordingly. Page 7, lines 9 - 10: Delete "AS 11.41.110(a), as amended by sec. 1 of this Act, AS 11.41.110(c) and (d), added by sec. 2 of this Act," Page 7, line 10: Delete "sec. 3" Insert "sec. 1" Page 7, line 11: Delete "sec. 4" Insert "sec. 2" Page 7, line 12: Delete "sec. 5" Insert "sec. 3" 2023-05-10 House Journal Page 1012 Delete "sec. 6" Insert "sec. 4" Page 7, line 13: Delete "sec. 7" Insert "sec. 5" Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Josephson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 66(FIN) Second Reading Amendment No. 2 YEAS: 7 NAYS: 33 EXCUSED: 0 ABSENT: 0 Yeas: Armstrong, Carrick, Eastman, Galvin, Gray, Hannan, Mina Nays: Allard, Carpenter, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Groh, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Josephson: Page 2, lines 21 - 31: Delete all material and insert: "(6) the person knowingly manufactures or delivers a controlled substance in violation of AS 11.71.010 - 11.71.030, and a person dies as a direct result of ingestion of the controlled substance; the death is a result that does not require a culpable mental state. * Sec. 2. AS 11.41.120(a) is amended to read: (a) A person commits the crime of manslaughter if the person 2023-05-10 House Journal Page 1013 (1) intentionally, knowingly, or recklessly causes the death of another person under circumstances not amounting to murder in the first or second degree; (2) intentionally aids another person to commit suicide; or (3) knowingly manufactures or delivers a controlled substance in violation of AS 11.71.040(a)(1) [AS 11.71.010 - 11.71.030 OR 11.71.040(a)(1)] for schedule IVA controlled substances, and a person dies as a direct result of ingestion of the controlled substance; the death is a result that does not require a culpable mental state [; IN THIS PARAGRAPH, "INGESTION" MEANS VOLUNTARILY OR INVOLUNTARILY TAKING A SUBSTANCE INTO THE BODY IN ANY MANNER]. * Sec. 3. AS 11.41.140 is amended to read: Sec. 11.41.140. Definitions [DEFINITION]. In AS 11.41.100 - 11.41.140, (1) "ingestion" means voluntarily or involuntarily taking a substance into the body in any manner; (2) "person" means, when referring to the victim of a crime, [MEANS] a human being who has been born and was alive at the time of the criminal act; a [. A] person is "alive" if there is spontaneous respiratory or cardiac function or, when respiratory and cardiac functions are maintained by artificial means, there is spontaneous brain function." Renumber the following bill sections accordingly. Page 7, line 6: Delete all material. Renumber the following bill sections accordingly. Page 7, lines 9 - 14: Delete all material and insert: "APPLICABILITY. AS 11.41.110(a), as amended by sec. 1 of this Act, AS 11.41.120(a), as amended by sec. 2 of this Act, AS 11.41.140, as amended by sec. 3 of this Act, AS 11.71.010(a), as amended by sec. 4 of this Act, AS 11.71.010(b), as amended by sec. 5 of this Act, AS 11.71.030(a), as amended by sec. 6 of this Act, AS 11.71.040(a), as amended by sec. 7 of this Act, and AS 12.55.125(c), as amended by 2023-05-10 House Journal Page 1014 sec. 8 of this Act, apply to offenses committed on or after the effective date of this Act." Representative Josephson moved and asked unanimous consent that Amendment No. 3 be adopted. There was objection. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 66(FIN) Second Reading Amendment No. 3 YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Armstrong, Carrick, Coulombe, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, McKay, Mears, Mina, Ortiz, Ruffridge, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tomaszewski, Wright Nays: Allard, Carpenter, Cronk, C.Johnson, D.Johnson, McCabe, Patkotak, Prax, Rauscher, Saddler, Tilton, Vance And so, Amendment No. 3 was adopted. Amendment Nos. 4 and 5 were not offered. Amendment No. 9 was offered by Representative Eastman: Page 2, following line 29: Insert a new subsection to read: "(d) In a prosecution under (a)(6) of this section, it is an affirmative defense that the defendant delivered the controlled substance for the purpose of improving the recipient's health." Reletter the following subsection accordingly. Page 7, line 10: Delete "AS 11.41.110(c) and (d)" Insert "AS 11.41.110(c) - (e)" 2023-05-10 House Journal Page 1015 Representative Eastman moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Josephson objected. Representative Allard moved and asked unanimous consent that Amendment No. 9 be tabled. There was objection. The question being: "Shall the House table Amendment No. 9?" The roll was taken with the following result: CSHB 66(FIN) am Second Reading Amendment No. 9/Table YEAS: 13 NAYS: 26 EXCUSED: 0 ABSENT: 1 Yeas: Allard, Carpenter, Edgmon, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Saddler, Shaw, Stapp, Tilton, Wright Nays: Armstrong, Carrick, Coulombe, Cronk, Dibert, Eastman, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Schrage, Story, Stutes, Sumner, Tomaszewski, Vance Absent: Patkotak And so, Amendment No. 9 was not tabled. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 9. There being no objection, it was so ordered. Amendment No. 6 was offered by Representative Eastman: Page 2, following line 29: Insert a new subsection to read: "(d) The schedules that apply in (a)(6) of this section are the schedules set out in AS 11.71.140 - 11.71.190, as those sections read on the day before the effective date of this Act." 2023-05-10 House Journal Page 1016 Reletter the following subsection accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Josephson objected. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 6. There being no objection, it was so ordered. Amendment No. 7 was offered by Representative Eastman: Page 2, line 22: Delete "delivered" Insert "delivered directly to the person who ingests the substance or knowingly manufactured" Representative Eastman moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Stapp objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 66(FIN) am Second Reading Amendment No. 7 YEAS: 1 NAYS: 38 EXCUSED: 0 ABSENT: 1 Yeas: Eastman Nays: Allard, Armstrong, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Absent: Patkotak 2023-05-10 House Journal Page 1017 And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representatives Vance and Cronk: Page 7, following line 5: Insert a new section to read: *Sec 8. AS 33.20.010(a) is amended to read: (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner convicted of an offense against the state or a political subdivision of the state and sentenced to a term of imprisonment that exceeds three days is entitled to a deduction of one-third of the term of imprisonment rounded off to the nearest day if the prisoner follows the rules of the correctional facility in which the prisoner is confined. A prisoner is not eligible for a good time deduction if the prisoner has been sentenced (1) to a mandatory 99-year term of imprisonment under AS 12.55.125(a) after June 27, 1996; (2) to a definite term under AS 12.55.125 (l); (3) for a sexual felony under AS 12.55.125(i) (A) and has one or more prior sexual felony convictions as determined under AS 12.55.145(a)(4); [OR] (B) that is an unclassified or a class A felony; or (4) for an unclassified felony under AS 11.41.100 or 11.41.110; or (5) for a felony for conduct involving manufacturing or delivering, or possessing with the intent to manufacture or deliver, a controlled substance schedule IA & IIA. Renumber the following bill sections accordingly. Representative Vance moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Hannan objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 66(FIN) am Second Reading Amendment No. 8 2023-05-10 House Journal Page 1018 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Carpenter, Cronk, C.Johnson, McCabe, McKay, Patkotak, Prax, Rauscher, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Armstrong, Carrick, Coulombe, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, D.Johnson, Josephson, McCormick, Mears, Mina, Ortiz, Ruffridge, Schrage, Story, Stutes And so, Amendment No. 8 was not adopted. Amendment No. 10 was offered by Representative Gray: Page 1, line 1, following "substances;" (title amendment): Insert "relating to manslaughter;" Page 2, line 22, following "substance": Insert "that contains or is combined with a schedule IA controlled substance set out in AS 11.71.140(c)(29) and" Page 2, line 27: Delete "new subsections" Insert "a new subsection" Page 2, lines 30 - 31: Delete all material. Page 2, following line 31: Insert new bill sections to read: "* Sec. 3. AS 11.41.120(a) is amended to read: (a) A person commits the crime of manslaughter if the person (1) intentionally, knowingly, or recklessly causes the death of another person under circumstances not amounting to murder in the first or second degree; (2) intentionally aids another person to commit suicide; or (3) under circumstances not amounting to murder in the second degree under AS 11.41.110(a)(6), knowingly manufactures or delivers a controlled substance in violation of AS 11.71.010 - 11.71.030 or 11.71.040(a)(1) for schedule IVA 2023-05-10 House Journal Page 1019 controlled substances, and a person dies as a direct result of ingestion of the controlled substance; the death is a result that does not require a culpable mental state [; IN THIS PARAGRAPH, "INGESTION" MEANS VOLUNTARILY OR INVOLUNTARILY TAKING A SUBSTANCE INTO THE BODY IN ANY MANNER]. * Sec. 4. AS 11.41.140 is amended to read: Sec. 11.41.140. Definitions [DEFINITION]. In AS 11.41.100 - 11.41.140, (1) "ingestion" or "ingesting" means voluntarily or involuntarily taking a substance into the body in any manner; (2) "person", when referring to the victim of a crime, means a human being who has been born and was alive at the time of the criminal act. A person is "alive" if there is spontaneous respiratory or cardiac function or, when respiratory and cardiac functions are maintained by artificial means, there is spontaneous brain function." Renumber the following bill sections accordingly. Page 7, line 6: Delete all material. Renumber the following bill sections accordingly. Page 7, line 10: Delete "AS 11.41.110(c) and (d), added by sec. 2 of this Act, AS 11.71.010(a), as amended by sec. 3" Insert "AS 11.41.110(c), added by sec. 2 of this Act, AS 11.41.120(a), as amended by sec. 3 of this Act, AS 11.41.140, as amended by sec. 4 of this Act, AS 11.71.010(a), as amended by sec. 5" Page 7, line 11: Delete "sec. 4" Insert "sec. 6" Page 5, line 12: Delete "sec. 5" Insert "sec. 7" Delete "sec. 6" Insert "sec. 8" 2023-05-10 House Journal Page 1020 Page 5, line 13: Delete "sec. 7" Insert "sec. 9" Representative Gray moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Cronk objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 66(FIN) am Second Reading Amendment No. 10 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Armstrong, Carrick, Dibert, Eastman, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, McCormick, Mears, Mina, Stutes Nays: Allard, Carpenter, Coulombe, Cronk, Edgmon, C.Johnson, D.Johnson, Josephson, McCabe, McKay, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Ruffridge: Page 7, line 2, following "AS 11.71.140(c)(29)": Insert "or under AS 11.71.021(a)(2) or 11.71.030(a)(9) related to a schedule IIA controlled substance set out in AS 11.71.150(e)(2)" Representative Ruffridge moved and asked unanimous consent that Amendment No. 11 be adopted. There was objection. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: 2023-05-10 House Journal Page 1021 CSHB 66(FIN) am Second Reading Amendment No. 11 YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Carpenter, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Armstrong, Carrick, Eastman, Mina And so, Amendment No. 11 was adopted. Representative Saddler moved and asked unanimous consent that CSHB 66(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 66(FIN) am will advance to third reading on tomorrow's calendar.