Legislature(1995 - 1996)

1996-02-26 Senate Journal

Full Journal pdf

1996-02-26                     Senate Journal                      Page 2544
HB 38                                                                        
CS FOR HOUSE BILL NO. 38(JUD) am An Act relating to                            
criminal sentencing; relating to good time credit; relating to the             
availability for good time credit for offenders convicted of certain           
first degree murders; relating to definite sentences, parole, good time        
credit, pardon, commutation of sentence, modification or reduction             
of sentence, reprieve, furlough, and service of sentence at a                  
correctional restitution center for offenders with at least three serious      
felony convictions; and amending Alaska Rule of Criminal Procedure             
35 was read the second time.                                                   
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Senate Committee Substitute offered on page            
2426.  Senator Duncan objected, then withdrew his objection.  There            
being no further objections, SENATE CS FOR CS FOR HOUSE                        
BILL NO. 38(FIN) was adopted and read the second time.                         
                                                                               
Senator Miller offered Amendment No. 1 :                                        
                                                                               
Page 2, between lines 4 and 5 insert the following:                            
                                                                               
	5. crimes against the person are generally more serious than                  
crimes against property, crimes against the public health, and other           
crimes, since crimes against the person threaten the victim's safety           
and dignity and often result in physical injury, emotional trauma or           
both;                                                                          
	6. the most serious crimes against the person are those                       
classified as unclassified and class A felonies;                               
	7. although most of the crimes against the person are set out                 
in AS 11.41, two class A felony offenses against the person are                
found elsewhere.  Arson in the first degree, AS 11.46.400(a), is a             
crime against the person since it is primarily aimed at protecting the         
safety of persons rather than property.  Promoting prostitution in the         

1996-02-26                     Senate Journal                      Page 2545
HB 38                                                                        
first degree is a crime against the person since it is primarily               
designed to deal with the coercive aspects that may be involved in             
prostitution.  These coercive aspects threaten the safety of persons.          
AS 11.66.110(a)(2), which requires proof that a person other than a            
patron induced or caused a person under 16 years of age to engage              
in prostitution, is particularly serious due to the youth of the victim.       
                                                                               
Senator Miller moved for the adoption of Amendment No. 1.                      
Senator Adams objected, then withdrew his objection.  There being              
no further objections, Amendment No. 1 was adopted.                            
                                                                               
Senators Kelly, Pearce, Green, Torgerson, Leman, Miller, Taylor,               
Halford, Donley moved and asked unanimous consent that they be                 
shown as cross sponsors on the bill.  Without objection, it was so             
ordered.                                                                       
                                                                               
Senator Halford moved that the bill be considered engrossed,                   
advanced to third reading and placed on final passage.  Senator                
Adams objected.                                                                
                                                                               
The question being: Shall SENATE CS FOR CS FOR HOUSE                           
BILL NO. 38(FIN) am S be advanced to third reading?  The roll                  
was taken with the following result:                                           
                                                                               
SCS CSHB 38(FIN) am S                                                          
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 38(FIN) am S will                          
appear on the February 28 calendar.