Legislature(1993 - 1994)
1994-04-15 House Journal
Full Journal pdf1994-04-15 House Journal Page 3478 HB 351 The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 1994-04-15 House Journal Page 3479 HB 351 CSHB 351(FIN) am Second Reading Amendment No. 6 YEAS: 13 NAYS: 23 EXCUSED: 4 ABSENT: 0 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, Finkelstein, Grussendorf, Larson, Navarre, Nicholia, Nordlund, Sitton Nays: Barnes, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Mackie, MacLean, Martin, Menard, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Hoffman, Ulmer, Willis And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Davies: Page 10, following line 14: Insert a new paragraph to read: "(9) a financial institution; in this paragraph, "financial institution" means a bank, savings bank, savings association, credit union, or other institution regulated by the Department of Commerce and Economic Development under AS06;" Renumber the following paragraphs accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 7 was adopted. 1994-04-15 House Journal Page 3480 HB 351 Amendment No. 8 was offered by Representative Davies: Page 1, line 4, after "weapons" (title amendment): Insert "; and providing for an effective date" Page 2, following line 4: Insert a new bill section to read: "* Sec. 2. AS 11.61.220(b) is repealed and reenacted to read: (b) In a prosecution under (a)(1) of this section, it is an affirmative defense that the defendant, at the time of possession, was (1) in the defendant's dwelling or on land owned or leased by the defendant appurtenant to the dwelling; or (2) actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection." Renumber the following bill sections accordingly. Page 13, following line 4: Insert new bill sections to read: "* Sec. 6. AS18.65.700 - 18.65.790 are repealed June 30, 1998. * Sec. 7. Section 2 of this Act takes effect July 1, 1998." Representative Davies moved and asked unanimous consent that Amendment No. 8 be adopted. Representative James objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 351(FIN) am Second Reading Amendment No. 8 YEAS: 7 NAYS: 29 EXCUSED: 4 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Sitton 1994-04-15 House Journal Page 3481 HB 351 Nays: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Hoffman, Ulmer, Willis Nordlund changed from "Yea" to "Nay". Mackie changed from "Yea" to "Nay". Nicholia changed from "Yea" to "Nay". And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Davies: Page 13, following line 4: Insert a new bill section to read: "* Sec. 5. Notwithstanding AS18.65.780 - 18.65.790, added by sec. 4 of this Act, a municipality shall, within one year of the effective date of this Act, place before the voters of the municipality the question set out in AS18.65.780. A petition under AS18.65.785, added by sec. 4 of this Act, is not required for the question to be placed before the voters." Representative Davies moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 351(FIN) am Second Reading Amendment No. 9 YEAS: 10 NAYS: 26 EXCUSED: 4 ABSENT: 0 1994-04-15 House Journal Page 3482 HB 351 Yeas: Brice, Brown, Davidson, Davies, Finkelstein, Mackie, Navarre, Nicholia, Nordlund, Sitton Nays: Barnes, Bunde, Carney, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Hoffman, Ulmer, Willis And so, Amendment No. 9 was not adopted. Amendment Nos. 10 and 11 were not offered. Amendment No. 12 was offered by Representative Nordlund: Page 2, following line 28: Insert a new paragraph to read: "(6) submits proof of liability insurance as required under AS18.65.718;" Renumber the following paragraphs accordingly. Page 6, following line 29: Insert a new section to read: "Sec. 18.65.718. MANDATORY LIABILITY INSURANCE. Before the issuance or renewal of a permit under AS18.65.700 - 18.65.790, the applicant or permittee must provide to the department evidence that the applicant or permittee has obtained liability insurance in the amount of $125,000. The insurance must insure the applicant or permittee against loss from the liability imposed by law for damages arising from the applicant's or permittee's carrying and use of the concealed handgun. The insurance required under this section must be maintained throughout the period that a permittee possesses a permit for the carrying of a concealed handgun." 1994-04-15 House Journal Page 3483 HB 351 Page 7, following line 13: Insert a new paragraph to read: "(4) proof of liability insurance as required under AS18.65.718;" Renumber the following paragraphs accordingly. Page 8, lines 7 - 8: Delete "handgun or" Insert "handgun," Page 8, line 8, following "AS 25.35.010 - 25.35.020": Insert ", or fails to maintain liability insurance as required under AS18.65.718" Page 8, line 11, following "charged,": Insert "the department has been notified that insurance required under AS18.65.718 is in effect," Page 9, line 14, following "PERMIT": Insert "; MAINTENANCE AND PROOF OF INSURANCE" Page 9, following line 17: Insert a new subsection to read: "(b) A permittee shall maintain liability insurance as required under AS18.65.718. A permittee shall carry proof of insurance at all times the permittee carries a concealed handgun. The permittee shall display the proof of insurance when asked to do so by a peace officer at any time." Reletter the following subsections accordingly. Page 9, line 27: Delete "(a) or (b)" Insert "(a), (b), or (c)" Page 9, line 29: Delete "(c)" Insert "(d)" 1994-04-15 House Journal Page 3484 HB 351 Representative Nordlund moved and asked unanimous consent that Amendment No. 12 be adopted. Objection was heard. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSHB 351(FIN) am Second Reading Amendment No. 12 YEAS: 7 NAYS: 29 EXCUSED: 4 ABSENT: 0 Yeas: Brice, Brown, Davidson, Davies, Finkelstein, Menard, Nordlund Nays: Barnes, Bunde, Carney, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Hoffman, Ulmer, Willis And so, Amendment No. 12 was not adopted. Amendment No. 13 was offered by Representative MacLean: Page 1, line 4, after "weapons" (title amendment): Insert "; and providing for an effective date" Page 13, following line 4: Insert "*Sec. 5. AS 18.65.780 - 18.65.790, added by sec. 4 of this Act, takes effect imediately. *Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect January 1, 1995." 1994-04-15 House Journal Page 3485 HB 351 Representative MacLean moved and asked unanimous consent that Amendendment No. 13 be adopted. Representative Vezey objected and withdrew the objection. There being no further objection, Amendment No. 13 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 351(FIN) am (efd add) "An Act relating to permits for the carrying of a concealed handgun; providing for local option elections in municipalities and established villages to prohibit the possession of a concealed handgun under a permit; and relating to the possession of weapons; and providing for an effective date." Amendment No. 14 was offered by Representative Davies: Page 4, line 8: Delete "18.65.760" Insert "18.65.756, 18.65.758, 18.65.763" Page 10, line 21: Delete "Sec. 18.65.760" Insert new material to read: "Sec. 18.65.756. POSSESSION OF A CONCEALED HANDGUN WHILE UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE. (a) A person who is a holder of a permit issued under AS18.65.700 - 18.65.790 commits the crime of carrying a concealed handgun while intoxicated if the person carries a concealed handgun (1) while under the influence of intoxicating liquor, or any controlled substance; (2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.08 percent or more by weight of alcohol in the person's blood or 80 milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.08 grams or more of alcohol per 210 liters of the person's breath; or (3) while the person is under the combined influence of intoxicating liquor and a controlled substance. 1994-04-15 House Journal Page 3486 HB 351 (b) Carrying a concealed handgun while intoxicated is a class A misdemeanor. Upon conviction (1) the court shall impose a minimum sentence of imprisonment of (A) not less than 72 consecutive hours and a fine of not less than $250 if the person has not been previously convicted; (B) not less than 20 days and a fine of not less than $500 if the person has been previously convicted once; (C) not less than 60 days and a fine of not less than $1,000 if the person has been previously convicted twice; (D) not less than 120 days and a fine of not less than $2,000 if the person has been previously convicted three times; (E) not less than 240 days and a fine of not less than $3,000 if the person has been previously convicted four times; (F) not less than 360 days and a fine of not less than $4,000 if the person has been previously convicted more than four times; (2) the court may not (A) suspend execution of sentence or grant probation except on condition that the person serve the minimum imprisonment under (1) of this subsection; (B) suspend imposition of sentence; (3) the court shall revoke the person's permit to carry a concealed handgun, and may order the handgun that was carried in violation of this section to be forfeited under AS18.65.761. (c) Except as prohibited by federal law or regulation, every provider of treatment programs to which persons are ordered under this section shall supply the Alaska court system with the information regarding the condition and treatment of those persons as the supreme court may require by rule. Information compiled under this subsection is confidential and may only be used by a court in sentencing a person convicted under this section, or by an officer of the court in preparing a presentence report for the use of the court in sentencing a person convicted under this section. (d) A person who is sentenced to imprisonment for 72 consecutive hours upon a first conviction under this section and who is not released from imprisonment after 72 hours may not 1994-04-15 House Journal Page 3487 HB 351 bring an action against the state or a municipality or its agents, officers, or employees for damages resulting from the additional period of confinement if (1) the employee or employees who released the person exercised due care and, in releasing the person, followed the standard release procedures of the prison facility; and (2) the additional period of confinement did not exceed 12 hours. (e) The court shall order a person convicted under this section to satisfy the screening, evaluation, referral, and program requirements of an agency authorized by the court to make referrals for rehabilitative treatment or to provide rehabilitative treatment. (f) A program of inpatient treatment may be required by the authorized agency under (e) of this section only if authorized in the judgment, and may not exceed the maximum term of inpatient treatment specified in the judgment. A person who has been referred for inpatient treatment under this subsection may make a written request to the sentencing court asking the court to review the referral. The request for review shall be made within seven days of the agency's referral, and shall specifically set out the grounds upon which the request for review is based. The court may order a hearing on the request for review. (g) If a person fails to satisfy the requirements of an authorized agency under (f) of this section, the court (1) may impose any portion of a suspended sentence; (2) may punish the failure as contempt of the authority of the court under AS09.50.010 or as a violation of a condition of probation; and (3) shall order the revocation or suspension of the person's permit to carry a concealed handgun until the requirements are satisfied. (h) Imprisonment required under (b)(1)(A) or (B) of this section shall be served at a community residential center or, if a community residential center is not available, at another appropriate place determined by the commissioner of corrections. The cost of imprisonment resulting from the sentence imposed under (b)(1) of this section shall be paid to the state by the person 1994-04-15 House Journal Page 3488 HB 351 being sentenced provided, however, that the cost of imprisonment required to be paid under this subsection may not exceed $1,000. Upon the person's conviction, the court shall include the costs of imprisonment as a part of the judgment of conviction. Except for reimbursement from a permanent fund dividend as provided in this subsection, payment of the cost of imprisonment is not required if the court determines the person is indigent. For costs of imprisonment that are not paid by the person as required by this subsection, the state shall seek reimbursement from the person's permanent fund dividend as provided under AS43.23.065. While at the community residential center or other appropriate place, a person sentenced under (b)(1)(A) of this section shall perform at least 24 hours of community service work and a person sentenced under (b)(1)(B) of this section shall perform at least 160 hours of community service work, as required by the director of the community residential center or other appropriate place. In this subsection, "appropriate place" means a facility with 24-hour on-site staff supervision that is specifically adapted to provide a residence, and includes a correctional center, residential treatment facility, hospital, halfway house, group home, work farm, work camp, or other place that provides varying levels of restriction. (i) The commissioner of corrections shall determine and prescribe by regulation a uniform average cost of imprisonment for the purpose of determining the cost of imprisonment required to be paid under (h) of this section by a convicted person. (j) In this section, (1) "controlled substance" has the meaning given in AS28.33.190; (2) "previously convicted" means having been convicted in this or another jurisdiction, within 10 years preceding the date of the present offense, of any of the following offenses, or of another law or ordinance with substantially similar elements; however, convictions for any of these offenses, if arising out of a single transaction and a single arrest, are considered one previous conviction: (A) carrying a concealed handgun in violation of this section; or 1994-04-15 House Journal Page 3489 HB 351 (B) refusal to submit to a chemical test in violation of AS18.65.758. Sec. 18.65.757. IMPLIED CONSENT. (a) A person who is the holder of a permit issued under AS18.65.700 - 18.65.790 and who carries a concealed handgun in this state shall be considered to have given consent to a chemical test or tests of the person's breath for the purpose of determining the alcoholic content of the person's blood or breath if lawfully arrested for an offense arising out of acts alleged to have been committed while the person was carrying the concealed handgun. The test or tests shall be administered at the direction of a law enforcement officer who has reasonable grounds to believe that the person was carrying a concealed handgun while intoxicated. (b) A person who is the holder of a permit issued under AS18.65.700 - 18.65.790 and who carries a concealed handgun in this state shall be considered to have given consent to a preliminary breath test for the purpose of determining the alcoholic content of the person's blood or breath. A law enforcement officer may administer a preliminary breath test at the scene of an incident involving a concealed handgun if the officer has reasonable grounds to believe that a person's ability to use the handgun safely is impaired by the ingestion of alcoholic beverages and that the person (1) was involved in a shooting incident involving a concealed handgun that the person was carrying; (2) unlawfully used the handgun; in this paragraph, "unlawfully" means in violation of any federal, state, or municipal statute, regulation, or ordinance, except for violations that do not provide reason to believe that the operator's ability to use the handgun safely was impaired by the ingestion of alcoholic beverages; or (3) possessed the handgun while committing a violation of AS11 or AS18.65.700 - 18.65.790. (c) Before administering a preliminary breath test under (b) of this section, the officer shall advise the person that refusal may be used against the person in a civil or criminal action arising out of the incident and that refusal is an infraction. If the person refuses to submit to the test, the test may not be administered. 1994-04-15 House Journal Page 3490 HB 351 (d) The result of the test under (b) of this section may be used by the law enforcement officer to determine whether the driver or operator should be arrested. (e) Refusal to submit to a preliminary breath test at the request of a law enforcement officer is an infraction that may be punished by a fine of not more than $300. (f) The preliminary breath test authorized by (b) of this section is in addition to any tests authorized under (a) of this section. Sec. 18.65.758. REFUSAL TO SUBMIT TO CHEMICAL TEST. (a) If a person under arrest refuses the request of a law enforcement officer to submit to a chemical test under AS18.65.757(a) after being advised by the officer that the refusal will, if that person was the holder of a permit issued under AS18.65.700 - 18.65.790 and was arrested while carrying a concealed handgun, result in the denial or revocation of the person's permit to carry a concealed handgun, that the refusal may be used against the person in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while carrying a concealed handgun while intoxicated, and that the refusal is a crime, a chemical test may not be given, except as provided by AS18.65.760. (b) The refusal of a person to submit to a chemical test of breath under (a) of this section is admissible evidence in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while carrying a concealed handgun while intoxicated. (c) Refusal to submit to the chemical test of breath authorized by AS18.65.757(a) is a class A misdemeanor. (d) Upon conviction under this section, (1) the court shall impose a minimum sentence of imprisonment of (A) not less than 72 consecutive hours and a fine of not less than $250 if the person has not been previously convicted; (B) not less than 20 days and a fine of not less than $500 if the person has been previously convicted once; 1994-04-15 House Journal Page 3491 HB 351 (C) not less than 60 days and a fine of not less than $1,000 if the person has been previously convicted twice; (D) not less than 120 days and a fine of not less than $2,000 if the person has been previously convicted three times; (E) not less than 240 days and a fine of not less than $3,000 if the person has been previously convicted four times; (F) not less than 360 days and a fine of not less than $4,000 if the person has been previously convicted more than four times; (2) the court may not (A) suspend execution of the sentence required by (1) of this subsection or grant probation, except on condition that the person serve the minimum imprisonment under (1) of this subsection; or (B) suspend imposition of sentence; (3) the court shall revoke the person's permit to carry a concealed handgun and may order the handgun that was carried during the refusal to submit to the chemical test to be forfeited under AS18.65.761; and (4) the sentence imposed by the court under this subsection shall run consecutively with any other sentence of imprisonment imposed on the person. (e) Except as prohibited by federal law or regulation, every provider of treatment programs to which persons are ordered under (h) of this section shall supply the Alaska court system with the information regarding the condition and treatment of those persons as the supreme court may require by rule. Information compiled under this subsection is confidential and may only be used by a court in sentencing a person convicted under this section, or by an officer of the court in preparing a pre-sentence report for the use of the court in sentencing a person convicted under this section. (f) A person who is sentenced to imprisonment for 72 consecutive hours under (d) of this section and who is not released from imprisonment after 72 hours may not bring an action against the state or a municipality or its agents, officers, or employees for damages resulting from the additional period of confinement if 1994-04-15 House Journal Page 3492 HB 351 (1) the employee or employees who released the person exercised due care and, in releasing the person, followed the standard release procedures of the prison facility; and (2) the additional period of confinement did not exceed 12 hours. (g) For purposes of this section, convictions for carrying a concealed handgun while intoxicated under AS18.65.756 and for refusal to submit to a chemical test of breath under this section, if arising out of a single transaction and a single arrest, are considered one previous conviction. (h) The court shall order a person convicted under this section to satisfy the screening, evaluation, referral, and program requirements of an agency authorized by the court to make referrals for rehabilitative treatment or to provide rehabilitative treatment. (i) A program of inpatient treatment may be required by the authorized agency under (h) of this section only if authorized in the judgment, and may not exceed the maximum term of inpatient treatment specified in the judgment. A person who has been referred for inpatient treatment under this subsection may make a written request to the sentencing court asking the court to review the referral. The request for review shall be made within seven days of the agency's referral and shall specifically set out the grounds upon which the request for review is based. The court may order a hearing on the request for review. (j) If a person fails to satisfy the requirements of an authorized agency under (i) of this section, the court (1) may impose any portion of a suspended sentence; (2) may punish the failure as contempt of the authority of the court under AS09.50.010 or as a violation of a condition of probation; and (3) shall order the revocation or suspension of the person's permit to carry a concealed handgun until the requirements are satisfied. (k) Imprisonment required under (d)(1)(A) or (B) of this section shall be served at a community residential center or, if a community residential center is not available, at another appropriate place determined by the commissioner of corrections. 1994-04-15 House Journal Page 3493 HB 351 The cost of imprisonment resulting from the sentence imposed under (d)(1) of this section shall be paid to the state by the person being sentenced provided, however, that the cost of imprisonment required to be paid under this subsection may not exceed $1,000. Upon the person's conviction, the court shall include the costs of imprisonment as a part of the judgment of conviction. Except for reimbursement from a permanent fund dividend as provided in this subsection, payment of the cost of imprisonment is not required if the court determines the person is indigent. For costs of imprisonment that are not paid by the person as required by this subsection, the state shall seek reimbursement from the person's permanent fund dividend as provided under AS43.23.065. While at the community residential center or other appropriate place, a person sentenced under (d)(1)(A) of this section shall perform at least 24 hours of community service work and a person sentenced under (d)(1)(B) of this section shall perform at least 160 hours of community service work, as required by the director of the community residential center or other appropriate place. In this subsection, "appropriate place" means a facility with 24-hour on-site staff supervision that is specifically adapted to provide a residence, and includes a correctional center, residential treatment facility, hospital, halfway house, group home, work farm, work camp, or other place that provides varying levels of restriction. (l) In this section, (1) "cost of imprisonment" means the cost of imprisonment as determined under AS18.65.756(i); (2) "previously convicted" has the meaning given in AS18.65.756. Sec. 18.65.759. PRESUMPTIONS AND CHEMICAL ANALYSIS OF BREATH OR BLOOD. (a) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person who is a holder of a permit issued under AS18.65.700 - 18.65.790, while carrying a concealed handgun while intoxicated, the amount of alcohol in the person's blood or breath at the time alleged shall give rise to the following presumptions: 1994-04-15 House Journal Page 3494 HB 351 (1) if there was 0.01 percent or less by weight of alcohol in the person's blood, or 10 milligrams or less of alcohol per 100 milliliters of the person's blood, or 0.01 grams or less of alcohol per 210 liters of the person's breath, it shall be presumed that the person was not under the influence of intoxicating liquor; (2) if there was in excess of 0.01 percent but less than 0.00 percent by weight of alcohol in the person's blood, or in excess of 10 but less than 80 milligrams of alcohol per 100 milliliters of the person's blood, or in excess of 0.01 grams but less than 0.08 grams of alcohol per 210 liters of the person's breath, that fact does not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor; (3) if there was 0.08 percent or more by weight of alcohol in the person's blood, or 80 milligrams or more of alcohol per 100 milliliters of the person's blood, or 0.08 grams or more of alcohol per 210 liters of the person's breath, it shall be presumed that the person was under the influence of intoxicating liquor. (b) For purposes of this chapter, percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 100 milliliters of blood. (c) The provisions of (a) of this section may not be construed to limit the introduction of any other competent evidence bearing upon the question of whether the person was or was not under the influence of intoxicating liquor. (d) To be considered valid under the provisions of this section, the chemical analysis of the person's breath or blood shall have been performed according to methods approved by the department. The department is authorized to approve satisfactory techniques, methods, and standards of training necessary to ascertain the qualifications of individuals to conduct the analysis. If it is established at trial that a chemical analysis of breath or blood was performed according to approved methods by a person trained according to techniques, methods, and standards of training approved by the department, there is a presumption that the test results are valid and further foundation for introduction of the evidence is unnecessary. 1994-04-15 House Journal Page 3495 HB 351 (e) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of the person's own choosing administer a chemical test in addition to the test administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer; the fact that the person under arrest sought to obtain such an additional test, and failed or was unable so to do, is likewise admissible in evidence. (f) Upon the request of the person who submits to a chemical test at the request of a law enforcement officer, full information concerning the test, including the results of it, shall be made available to the person or the person's attorney. Sec. 18.65.760. ADMINISTRATION OF CHEMICAL TESTS WITHOUT CONSENT. (a) If a person, who is the holder of a permit issued under AS18.65.700 - 18.65.790, is under arrest for an offense arising out of acts alleged to have been committed while the person was carrying a concealed handgun while intoxicated, and that arrest results from an incident that causes death or physical injury to another person, a chemical test may be administered without the consent of the person arrested to determine the amount of alcohol in that person's breath or blood. (b) A person who is unconscious or otherwise in a condition rendering that person incapable of refusal is considered not to have withdrawn the consent provided under AS18.65.757(a) and a chemical test may be administered to determine the amount of alcohol in that person's breath or blood. A person who is unconscious or otherwise incapable of refusal need not be placed under arrest before a chemical test may be administered. (c) If a chemical test is administered to a person under (a) or (b) of this section, that person is not subject to the penalties for refusal to submit to a chemical test provided by AS18.65.758. Sec. 18.65.761. FORFEITURE OF HANDGUN. (a) After conviction of an offense under AS18.65.756 or 18.65.758, the state may move the court to order the forfeiture of the handgun involved in the commission of the offense if the convicted person, 1994-04-15 House Journal Page 3496 HB 351 was at the time of the offense the holder of a permit issued under AS18.65.700 - 18.65.790, and has been previously convicted in this or another jurisdiction of more than one of the following offenses or has more than once been previously convicted of one of the following offenses: (1) carrying a concealed handgun while intoxicated under AS18.65.756 or another law or ordinance with substantially similar elements; or (2) refusal to submit to a chemical test under AS18.65.758 or another law or ordinance with substantially similar elements. (b) For purposes of this section, convictions for both carrying a concealed handgun while intoxicated and for refusal to submit to a chemical test of breath under AS18.65.757(a), if arising out of a single transaction and a single arrest, are considered one previous conviction. (c) Upon receipt of a motion for forfeiture, the court shall schedule a hearing on the matter and shall notify the state and the convicted person of the time and place set for the hearing. At the hearing, the court may order the forfeiture of the handgun if the court, sitting without a jury, determines by a preponderance of the evidence that the forfeiture of the handgun will serve one or more of the following purposes: (1) deterrence of the convicted person from the commission of future offenses under AS18.65.756; (2) protection of the safety and welfare of the public; (3) deterrence of other persons who are potential offenders under AS18.65.756; or (4) expression of public condemnation of the serious or aggravated nature of the convicted person's conduct. (d) Upon forfeiture of a handgun under this section, the court shall require the surrender of the person's permit to carry a concealed handgun. The permit shall be delivered to the department. (e) A handgun forfeited under this section may be disposed of at the discretion of the department. Sec. 18.65.763" Representative Davies moved and asked unanimous consent that Amendment No. 14 be adopted. 1994-04-15 House Journal Page 3497 HB 351 Representative James objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: CSHB 351(FIN) am(efd add) Second Reading Amendment No. 14 YEAS: 10 NAYS: 26 EXCUSED: 4 ABSENT: 0 Yeas: Brice, Brown, Davidson, Davies, G.Davis, Finkelstein, Menard, Nicholia, Nordlund, Sitton Nays: Barnes, Bunde, Carney, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Hoffman, Ulmer, Willis And so, Amendment No. 14 was not adopted. Amendment No. 15 was offered by Representative Nicholia: Page 1, line 2 (title amendment): Delete "prohibit" Insert "allow" Page 2, line 3: Delete "had prohibited" Insert "has not allowed" Page 10, line 17: Delete "prohibited" Insert "not allowed" 1994-04-15 House Journal Page 3498 HB 351 Page 11, line 18: Delete "PROHIBITION OF" Insert "ALLOWING" Page 11, line 22: Delete "prohibited" Insert "allowed" Page 11, line 26: Delete "prohibition" Insert "allowance" Delete "not" Page 12, line 11: Delete "to remove" Insert "relating to" Representative Nicholia moved and asked unanimous consent that Amendment No. 15 be adopted. Objection was heard. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: CSHB 351(FIN) am Second Reading Amendment No. 15 YEAS: 15 NAYS: 21 EXCUSED: 4 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Foster, Larson, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Williams Nays: Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey 1994-04-15 House Journal Page 3499 HB 351 Excused: B.Davis, Hoffman, Ulmer, Willis Williams changed from "Nay" to "Yea". And so, Amendment No. 15 was not adopted. Amendment No. 16 was offered by Representative Vezey: Page 1, line 1 through page 13, line 4 (title amendment): Delete all material and insert: ""An Act relating to permits for the carrying of a concealed weapon; relating to the authority of a court to prohibit persons convicted of certain misdemeanors from applying for, receiving, and possessing a permit to carry a concealed weapon; and relating to the possession of weapons." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. INTENT. The legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons and firearms for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons or firearms for self-defense to ensure that an honest, law-abiding person who qualifies under the provisions of this Act is not subjectively or arbitrarily denied that person's rights. The legislature intends that this Act shall be liberally construed to carry out the constitutional right to bear arms. This Act is supplemental and additional to existing rights to bear arms, and nothing in this Act is intended to impair or diminish those rights. * Sec. 2. AS11.61.220(a) is amended to read: (a) A person commits the crime of misconduct involving weapons in the fifth degree if the person (1) knowingly possesses a deadly weapon, other than an ordinary pocketknife or a defensive weapon, that is concealed on 1994-04-15 House Journal Page 3500 HB 351 the person, unless the person at the time of the possession was (A) in the person's dwelling or on land owned or leased by the person appurtenant to the dwelling; (B) actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection; or (C) the holder of a permit to carry a concealed weapon under AS18.65.700 - 18.65.780 and the deadly weapon was not a prohibited weapon under AS11.61.200; (2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises; (3) being an unemancipated minor under 16 years of age, possesses a firearm without the consent of a parent or guardian of the minor; (4) knowingly possesses a firearm (A) or a defensive weapon within the grounds of or on a parking lot immediately adjacent to a public or private preschool, elementary, junior high, or secondary school without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer, except that a person 21 years of age or older may possess (i) an unloaded firearm in the trunk of a motor vehicle or encased in a closed container in a motor vehicle; (ii) a defensive weapon; or (B) within the grounds of or on a parking lot immediately adjacent to a center, other than a private residence, licensed under AS47.35.010 - 47.35.075 or recognized by the federal government for the care of children; or (5) possesses or transports a switchblade or a gravity knife. 1994-04-15 House Journal Page 3501 HB 351 * Sec. 3. AS11.61.220(c) is amended to read: (c) The provisions of (a)(1), (2), and (4) of this section do not apply to a peace officer [ACTING WITHIN THE SCOPE AND AUTHORITY OF THE OFFICER'S EMPLOYMENT]. * Sec. 4. AS11.61.220(d) is amended to read: (d) In a prosecution under (a)(1) or (2) [(a)(2)] of this section, it is a defense that the defendant, at the time of possession, was (1) on business premises owned by or leased by the defendant; or (2) on business premises in the course of the defendant's employment for the owner or lessee of those premises. * Sec. 5. AS11.61.220(e) is amended to read: (e) For purposes of this section, a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it, it does not include an unloaded firearm encased in a closed container designed for transporting firearms. * Sec. 6. AS11.61.220(f) is amended to read: (f) For purposes of (a)(2) and (e) of this section, a firearm is loaded if the firing chamber, magazine, clip, or cylinder of the firearm contains a cartridge. * Sec. 7. AS12.55.015(a) is amended to read: (a) Except as limited by AS12.55.125 - 12.55.175, the court, in imposing sentence on a defendant convicted of an offense, may singly or in combination (1) impose a fine when authorized by law and as provided in AS12.55.035; (2) order the defendant to be placed on probation under conditions specified by the court that may include provision for active supervision; (3) impose a definite term of periodic imprisonment; (4) impose a definite term of continuous imprisonment; (5) order the defendant to make restitution under AS12.55.045; 1994-04-15 House Journal Page 3502 HB 351 (6) order the defendant to carry out a continuous or periodic program of community work under AS12.55.055; (7) suspend execution of all or a portion of the sentence imposed under AS12.55.080; (8) suspend imposition of sentence under AS12.55.085; (9) order the forfeiture to the commissioner of public safety of a deadly weapon that was in the actual possession of or used by the defendant during the commission of an offense described in AS11.41, AS11.46, AS11.56, or AS11.61; (10) order the defendant, while incarcerated, to participate in or comply with the treatment plan of a rehabilitation program that is related to the defendant's offense or to the defendant's rehabilitation, if the program is made available to the defendant by the Department of Corrections; (11) prohibit the defendant from applying for, receiving, or possessing a permit to carry a concealed weapon under AS18.65.700 - 18.65.780 for a period of not greater than five years if the defendant was convicted of any of the following misdemeanor offenses: (A) AS11.41.230, 11.41.250, 11.41.270; (B) AS11.46.140 or 11.46.150 when the defendant has committed theft of services under AS11.46.200(a)(1); (C) AS11.46.270, 11.46.320, 11.46.430, 11.46.484(a)(7); (D) AS11.51.130(a)(1); (E) AS11.56.330, 11.56.350, 11.56.380, 11.56.700, 11.56.740; (F) AS11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240; (G) AS11.66.130; or (H) AS11.71.050. * Sec. 8. AS18.65 is amended by adding new sections to read: