Legislature(2023 - 2024)

2024-03-18 House Journal

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2024-03-18                     House Journal                      Page 1845
HB 238                                                                                                                        
The following was before the House in second reading:                                                                           
                                                                                                                                
     CS FOR HOUSE BILL NO. 238(JUD)                                                                                             
     "An Act relating to criminal mischief in the third degree; and                                                             
     providing for an effective date."                                                                                          
                                                                                                                                
Amendment No. 1 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 12:                                                                                                                
     Delete "knowingly"                                                                                                         
     Insert "intentionally [KNOWINGLY]"                                                                                     
                                                                                                                                
Representative Eastman 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 238(JUD)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  2   NAYS:  37   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Eastman, Hannan                                                                                                          
                                                                                                                                
Nays:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh,                                                                      
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Ruffridge, Saddler, Schrage, Shaw,                                                             
Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright                                                                

2024-03-18                     House Journal                      Page 1846
                                                                                                                                
Excused:  Rauscher                                                                                                              
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 2, line 18, following "organization":                                                                                  
     Insert ", a volunteer for a religious organization,"                                                                   
                                                                                                                                
Page 2, line 19, following "employee":                                                                                      
     Insert "or volunteer"                                                                                                  
                                                                                                                                
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 238(JUD)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  3   NAYS:  36   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Armstrong, Eastman, Himschoot                                                                                            
                                                                                                                                
Nays:  Allard, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert,                                                              
Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, C.Johnson,                                                                  
D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina,                                                                    
Ortiz, Prax, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes,                                                           
Sumner, Tilton, Tomaszewski, Vance, Wright                                                                                      
                                                                                                                                
Excused:  Rauscher                                                                                                              
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was not offered.                                                                                                
                                                                                                                                
Amendment No. 4 was offered  by Representative Eastman:                                                                          
                                                                                                                                

2024-03-18                     House Journal                      Page 1847
Page 1, line 1 (title amendment):                                                                                               
     Delete "third degree"                                                                                                    
     Insert "first degree, criminal mischief in the second degree,                                                            
criminal mischief in the third degree, criminal mischief in the                                                               
fourth degree, and criminal mischief in the fifth degree"                                                                     
                                                                                                                                
Page 1, line 4, through page 2, line 22:                                                                                        
     Delete all material and insert:                                                                                            
"* Section 1. AS 11.46 is amended by adding a new section to read:                                                            
         Sec. 11.46.491. Determination of the degree of criminal                                                              
     mischief. In determining the degree of a crime under                                                                     
     AS 11.46.475 - 11.46.486, whether real property has a place of                                                             
     religious education or worship located on it or whether tangible                                                           
     personal property is used by a religious organization or used for                                                          
     any religious purpose may not be taken into consideration."                                                                
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 238(JUD)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  3   NAYS:  36   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carrick, Eastman, Hannan                                                                                                 
                                                                                                                                
Nays:  Allard, Armstrong, Baker, Carpenter, Coulombe, Cronk,                                                                    
Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Himschoot,                                                                  
C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay,                                                                      
Mears, Mina, Ortiz, Prax, Ruffridge, Saddler, Schrage, Shaw, Stapp,                                                             
Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright                                                                       
                                                                                                                                
Excused:  Rauscher                                                                                                              
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        

2024-03-18                     House Journal                      Page 1848
Representative Saddler moved and asked unanimous consent that                                                                   
CSHB 238(JUD) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 238(JUD) will advance to third reading on the March 20                                                                     
calendar.