Legislature(1993 - 1994)
1994-02-03 House Journal
Full Journal pdf1994-02-03 House Journal Page 2238 SB 19 The following was read the second time: CSSB 19(FIN) am "An Act relating to the crime of conspiracy." 1994-02-03 House Journal Page 2239 SB 19 with the: Journal Page FIN RPT HCS(FIN) 6DP 1NR 1AM 2158 -4 FNS (2-ADM, CORR, COURT) 1/26/94 2158 -2 ZERO FISCAL NOTES (LAW, DPS) 1/26/94 2158 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 19(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 2, following line 20, insert a new subsection to read: "(f) In a prosecution under this section, it is an affirmative defense that, in order to obtain evidence of the commission of a conspiracy, a public law enforcement official or a person working in cooperation with the official agreed with the defendant to engage in or cause the performance of the offense, and the defendant and the law enforcement official or person working in cooperation with the official were the only persons who conspired to commit the offense." Reletter the following subsections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected. 1994-02-03 House Journal Page 2240 SB 19 Amendment to Amendment No. 1 was offered by Representative Ulmer: Under subsection (f), line 3, after "enforcement official": Delete "or a person working in cooperation with the official" Under subsection (f), line 6, after "enforcement official": Delete "or person working in cooperation with the official were" Insert "was" Representative Ulmer moved and asked unanimous consent that the amendment to Amendment No. 1 be adopted. Representative Phillips objected. The question being: "Shall the amendment to Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 19(FIN) Second Reading Amendment to Amendment No. 1 YEAS: 24 NAYS: 12 EXCUSED: 2 ABSENT: 2 Yeas: Brice, Brown, Carney, Davies, B.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, Larson, Mackie, MacLean, Martin, Menard, Navarre, Nordlund, Parnell, Porter, Sitton, Therriault, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, James, Kott, Mulder, Olberg, Phillips, Sanders, Toohey, Vezey, Williams Excused: Davidson, Nicholia Absent: Finkelstein, Moses And so, the amendment to Amendment No. 1 was adopted. 1994-02-03 House Journal Page 2241 SB 19 The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: HCS CSSB 19(FIN) Second Reading Amendment No. 1 as amended YEAS: 15 NAYS: 22 EXCUSED: 2 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Finkelstein, Foster, Hoffman, Mackie, MacLean, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, Carney, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Davidson, Nicholia Absent: Grussendorf And so, Amendment No. 1 as amended was not adopted. Amendment No. 2 was offered by Representative Brown: Page 1, line 6, after "offender": Delete "agrees" Insert "communicates agreement" Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Hanley objected. 1994-02-03 House Journal Page 2242 SB 19 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 19(FIN) Second Reading Amendment No. 2 YEAS: 9 NAYS: 29 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Brown, Carney, Davies, Finkelstein, Foster, Menard, Nordlund, Sitton Nays: Barnes, Bunde, B.Davis, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, Nicholia And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Brown: Page 4, following line 9, insert a new bill section to read: "* Sec. 5. AS 11.31.140 is amended by adding a new subsection to read: (e) A person may not be convicted of more than one crime if one crime consists only of a conspiracy under AS11.31.120 to commit the other crime." Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Parnell objected. 1994-02-03 House Journal Page 2243 SB 19 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 19(FIN) Second Reading Amendment No. 3 YEAS: 10 NAYS: 28 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Foster, Menard, Nordlund, Sitton Nays: Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, Nicholia And so, Amendment No. 3 was not adopted. Representative Phillips moved and asked unanimous consent that HCS CSSB 19(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that HCS CSSB 19(FIN) will be in third reading on the February 7, 1994, calendar.