Legislature(1993 - 1994)
1994-03-04 House Journal
Full Journal pdf1994-03-04 House Journal Page 2612 SB 54 The following was read the second time: CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." 1994-03-04 House Journal Page 2613 SB 54 with the: Journal Page JUD RPT HCS(JUD) 4DP 1NR 1381 LETTER OF INTENT WITH JUD REPORT 1382 SENATE LETTER OF INTENT WITH JUD REPORT 1382 -ZERO FISCAL NOTE (H.JUD/ADM) 4/20/93 1383 -ZERO FISCAL NOTE (H.JUD/CORR) 4/20/93 1383 -ZERO FISCAL NOTE (ADM) 4/20/93 1383 -SENATE FN (COURT) 2/26/93 1383 -2 SENATE ZERO FNS (LAW, DHSS) 2/24/93 1383 -SENATE ZERO FN (DPS) 2/19/93 1383 FIN RPT HCSCS(FIN) NEW TITLE 7DP 2NR 2496 -2 FISCAL NOTES (CORR, COURT) 2/23/94 2497 -5 ZERO FNS (DHSS,2-ADM,DPS,LAW) 2/23/94 2497 Representative Phillips moved and asked unanimous consent that the following committee substitute with a technical title change be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to juvenile records, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." There being no objection, it was so ordered. The Speaker placed a call of the House. The call was satisfied. Amendment No. 1 was offered by Representatives Hanley and Brown: Page 7, line 14, after "in which event", through line 16: Delete all material. Insert "the minor may attempt to prove, by a preponderance of the evidence, that the minor is amenable to treatment under this chapter. If the court finds that the minor is amenable to treatment 1994-03-04 House Journal Page 2614 SB 54 under this chapter, the minor shall be treated as though the charges had been heard under AS47.10.010 - 47.10.142, and the court shall order disposition of the charges of which the minor is convicted under AS47.10.080(b)." Representative Hanley moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Bunde: Page 7, lines 7 - 8: Delete "of murder in the first degree, attempted murder in the first degree, or murder in the second degree" Insert "of an offense that is an unclassified felony" Page 7, lines 13 - 14: Delete "murder in the first degree, attempted murder in the first degree, or murder in the second degree" Insert "an offense that is an unclassified felony" Page 9, lines 20 - 21: Delete "murder in the first degree, attempted murder in the first degree, or murder in the second degree" Insert "an offense that is an unclassified felony" Representative Bunde moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Brown objected. 1994-03-04 House Journal Page 2615 SB 54 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H Second Reading Amendment No. 2 YEAS: 21 NAYS: 16 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Bunde, Carney, G.Davis, Green, Hanley, James, Kott, Mackie, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davidson, Davies, Finkelstein, Foster, Grussendorf, Hudson, Larson, MacLean, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: B.Davis, Hoffman, Menard And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Porter: Page 9, lines 26 - 27: Delete "a minor was 16 or 17 years of age at the time of the alleged commission of the offense and" Page 9, line 28, after "declare": Delete "the" Insert "a" Representative Porter moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Navarre objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1994-03-04 House Journal Page 2616 SB 54 HCS CSSB 54(FIN) am H Second Reading Amendment No. 3 YEAS: 23 NAYS: 14 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Bunde, Carney, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davidson, Davies, Finkelstein, Foster, Grussendorf, MacLean, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: B.Davis, Hoffman, Menard And so, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representative Finkelstein: Page 2, line 25: Add a new section to read: * Sec. 2. AS 11.61.220(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 the person; (2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises; (3) being (A) a person under 18 years of age, possesses a firearm if the person has been convicted of an offense that is a crime of violence or has been adjudicated a delinquent minor for the violation of a law or ordinance that would constitute a crime of violence if the person