Legislature(1993 - 1994)
1993-03-08 Senate Journal
Full Journal pdf1993-03-08 Senate Journal Page 0660 SB 19 SENATE BILL NO. 19 "An Act relating to the crime of conspiracy" was read the second time. Senator Pearce moved for the adoption of the Finance Committee Substitute offered on page 611. Senator Adams objected, then withdrew his objection. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 19(FIN) was adopted. CS FOR SENATE BILL NO. 19(FIN) was read the second time. Senator Little offered Amendment No. 1 : Page 1, line 11, through Page 2, line 1: Delete all material. Reletter the following subsections accordingly. Senator Little moved for the adoption of Amendment No. 1. Senator Taylor objected. 1993-03-08 Senate Journal Page 0661 SB 19 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 19 (FIN) Second Reading Amendment No. 1 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff Nays: Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Excused: Salo and so, Amendment No. 1 failed. Senator Little offered Amendment No. 2 : Page 1, line 3: Delete "a new section" Insert "new sections" Page 3, following line 6: Insert a new section to read: "Sec. 11.31.125. DURATION OF CONSPIRACY FOR PURPOSES OF LIMITATIONS OF ACTIONS. (a) For purposes of applying AS12.10 governing limitations of actions, in a prosecution under AS11.31.120, conspiracy is a continuing course of conduct that terminates (1) when all the crimes that are serious felony offenses that are its objects are completed; (2) when the agreement is abandoned by the defendant and by all persons with whom the defendant agreed; or 1993-03-08 Senate Journal Page 0662 SB 19 (3) as to an individual defendant, when (A) the defendant abandons the agreement by advising the persons with whom the defendant agreed of the defendant's abandonment; or (B) the defendant informs law enforcement authorities of the existence of the conspiracy and of the defendant's participation in it. (b) For purposes of (a)(2) of this section, abandonment of an agreement is rebuttably presumed if neither the defendant nor anyone with whom the defendant conspired does an overt act in furtherance of the conspiracy during the applicable period of limitations." Senator Little moved for the adoption of Amendment No. 2. Senator Taylor objected. Senator Little moved and asked unanimous consent that Amendment No. 2 be withdrawn. Without objection, it was so ordered. Senator Little offered Amendment No. 3 : Page 2, following line 17: Insert a new subsection to read: "(e) 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. 1993-03-08 Senate Journal Page 0663 SB 19 Senator Little moved for the adoption of Amendment No. 3. Senator Taylor objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 19 (FIN) Second Reading Amendment No. 3 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Lincoln, Little, Zharoff Nays: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Excused: Salo and so, Amendment No. 3 failed. Senator Little offered Amendment No. 4 : Page 2, line 18, through "conspiracy." on line 22: Delete all material and insert: "(e) In a prosecution under this section, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, gave timely warning to law enforcement authorities to prevent the commission of the crime that was the object of the conspiracy and the authorities, acting reasonably upon the warning, would have had the opportunity to prevent the commission of the offense that was the object of the conspiracy." 1993-03-08 Senate Journal Page 0664 SB 19 Senator Little moved for the adoption of Amendment No. 4. Senator Taylor objected. Senator Little moved and asked unanimous consent that Amendment No. 4 be withdrawn. Without objection, it was so ordered. Senator Little offered Amendment No. 5 : Page 3, line 7, through line 21: Delete all material and insert: "* Sec. 2. AS 11.31.140 is amended to read: Sec. 11.31.140. MULTIPLE CONVICTIONS BARRED. (a) It is not a defense to a prosecution under AS11.31.100- 11.31.120 [AS 11.31.100 OR AS11.31.110] that the crime the defendant attempted to commit, solicited to commit, or conspired to commit [THAT IS THE OBJECT OF THE ATTEMPT OR SOLICITATION] was actually committed pursuant to the attempt, solicitation, or conspiracy [OR SOLICITATION]. (b) A person may not be convicted of more than one crime defined by AS11.31.100- 11.31.120 [AS 11.31.100 OR AS11.31.110] for conduct designed to commit or culminate in commission of the same crime. (c) A person may not be convicted on the basis of the same course of conduct of both (1) a crime defined by AS11.31.100 - 11.31.120 [AS11.31.100 OR 11.31.110]; and 1993-03-08 Senate Journal Page 0665 SB 19 (2) a [THE] crime that is an [THE] object of the attempt, conspiracy, or solicitation. (d) This section does not bar inclusion of multiple counts in a single indictment or information charging commission of a crime defined by AS11.31.100- 11.31.120 [AS 11.31.100 OR 11.31.110] and commission of the crime that is the object of the attempt, conspiracy, or solicitation." Renumber the following bill section accordingly. Senator Little moved for the adoption of Amendment No. 5. Senators Kelly and Taylor objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 19 (FIN) Second Reading Amendment No. 5 YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kelly, Kerttula, Lincoln, Little, Zharoff Nays: Frank, Halford, Jacko, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Excused: Salo Kelly changed from "Nay" to "Yea". and so, Amendment No. 5 failed. Senator Adams offered Amendment No. 6 : 1993-03-08 Senate Journal Page 0666 SB 19 Page 2, following line 23: Insert a new subsection to read: "(f) Notwithstanding AS22.10.030, venue in actions in which the crime of conspiracy is alleged to have been committed may not be based solely on the location of overt acts done in furtherance of the conspiracy." Reletter the following subsections accordingly. Senator Adams moved and asked unanimous consent for the adoption of Amendment No. 6. Senator Kelly objected, then withdrew his objection. There being no further objection, Amendment No. 6 was adopted. Senator Donley offered Amendment No. 7 : Page 1, line 5: Delete "felony" Page 1, line 12: Delete "felony" Page 1, line 13: Delete "felony" Page 3, line 1: Delete "." Insert ";" Page 3, following line 1: Insert new paragraphs to read: "(5) a class A misdemeanor if the object of the conspiracy is a crime punishable as a class C felony; 1993-03-08 Senate Journal Page 0667 SB 19 (6) a class B misdemeanor if the object of the conspiracy is a crime punishable as a class A or class B misdemeanor." Page 3, line 2: Delete "felony" Page 3, line 4: Delete "or" Page 3, line 6: Delete "." Insert "; or" Page 3, following line 6: Insert a new paragraph to read: "(3) involving violation of environmental laws under AS46.03.790." Senator Donley moved for the adoption of Amendment No. 7. Senator Taylor objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSSB 19 (FIN) am Second Reading Amendment No. 7 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Excused: Salo 1993-03-08 Senate Journal Page 0668 SB 19 and so, Amendment No. 7 failed. Senator Taylor moved that CS FOR SENATE BILL NO. 19(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall CS FOR SENATE BILL NO. 19(FIN) am be advanced from second to third reading?" The roll was taken with the following result: CSSB 19(FIN) am Advance from Second to Third Reading? YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff Excused: Salo and so, CS FOR SENATE BILL NO. 19(FIN) am failed to advance to third reading.