Legislature(1997 - 1998)

1998-03-30 Senate Journal

Full Journal pdf

1998-03-30                     Senate Journal                      Page 3050
SB 323                                                                       
CS FOR SENATE BILL NO. 323(FIN) An Act relating to sexual                      
offenses, to those who commit sexual offenses, and to registration of          
sex offenders; amending Rule 6(r)(2), Alaska Rules of Criminal                 
Procedure; and providing for an effective date which had been held             
on reconsideration (page 3011) was before the Senate.                          
                                                                               
Senator Pearce moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 1.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Pearce offered Amendment No. 1 :                                        
                                                                               
Page 2, line 14:                                                               
	Delete "class B felony"                                                       
	Insert "class C felony"                                                       
                                                                               
Page 2, line 22:                                                               
	Delete "class C felony ªCLASS A MISDEMEANORß"                             
	Insert "class A misdemeanor"                                                  
                                                                               
Page 2, line 23:                                                               
	Delete "class A ªCLASS Bß"                                                
	Insert "class B"                                                              
                                                                               
Page 4, following line 24:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 12.  AS12.63.020(a) is amended to read:                           
	(a)  The duty of a sex offender to comply with the                           
requirements of AS12.63.010 for each sex offense                               
		(1)  continues for the lifetime of a sex                                    
offender convicted of two or more sex offenses; for                          
purposes of this section, a person convicted of indecent                       
exposure before a person under 16 years of age under                           
AS11.41.460 more than two times has been convicted of                          
two or more sex offenses;                                                    

1998-03-30                     Senate Journal                      Page 3051
SB 323                                                                       
		(2)  ends 15 years following the sex                                        
offenders unconditional discharge from a conviction for a                      
single sex offense."                                                           
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 4, line 28, following "age":                                          
	Insert "if the offender has a previous conviction for that                  
offense"                                                                     
                                                                               
Page 7, line 14:                                                               
	Delete "SECTION 12.  (a)  A"                                                  
	Insert "SECTIONS 12 AND 13.  (a)  Except as otherwise                         
provided in this subsection, a"                                                
                                                                               
Page 7, line 21, following "offense":                                          
	Insert "or more than two convictions of AS11.41.460 before                    
a person under 16 years of age."                                               
                                                                               
Page 7, line 22:                                                               
	Delete "sex offense"                                                          
	Insert "sex offenses"                                                         
                                                                               
Page 7, line 28:                                                               
	Delete "sec. 12"                                                              
	Insert "sec. 13"                                                              
                                                                               
Senator Pearce moved and asked unanimous consent for the adoption              
of Amendment No. 1. Without objection, Amendment No. 1 was                     
adopted.                                                                       
                                                                               
CS FOR SENATE BILL NO. 323(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
Senator Pearce moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 2.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Pearce offered Amendment No. 2 :                                        

1998-03-30                     Senate Journal                      Page 3052
SB 323                                                                       
Page 2, following line 26:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 6.  AS11.61.125 is amended by adding a new subsection             
to read:                                                                       
	(e)  The possession of 100 or more films, audio,                             
video, electronic, or electromagnetic recordings, photographs,                 
negatives, slides, books, newspapers, magazines, or other                      
materials, including a combination of these items totaling                     
100 or more, is prima facie evidence of distribution and                       
intent to distribute under (a) of this section."                               
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 2, line 28:                                                               
	Delete "class B felony"                                                   
	Insert "class C felony"                                                   
                                                                               
Page 2, following line 29:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 8.  AS11.61.127 is amended by adding a new subsection             
to read:                                                                       
	(d)  Each film, audio, video, electronic, or                                 
electromagnetic recording, photograph, negative, slide, book,                  
newspaper, magazine, or other material that visually or                        
aurally depicts conduct described in AS11.41.455(a) that is                    
possessed by a person knowing that the production of the                       
material involved the use of a child under 18 years of age                     
that engaged in the conduct is a separate violation of this                    
section."                                                                      
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 7, line 14:                                                               
	Delete "SECTION 12"                                                           
	Insert "SECTION 14"                                                           
                                                                               
Page 7, line 28:                                                               
	Delete "sec. 12"                                                              
	Insert "sec. 14"                                                              

1998-03-30                     Senate Journal                      Page 3053
SB 323                                                                       
Page 7, line 29:                                                               
	Delete "SECTIONS 3 - 6.  Sections 3 - 6"                                      
	Insert "SECTIONS 3 - 8.  Sections 3 - 8"                                      
                                                                               
Senator Pearce moved for the adoption of Amendment No. 2.                      
Without objection, Amendment No. 2 was adopted.                                
                                                                               
CS FOR SENATE BILL NO. 323(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
The question to be reconsidered: Shall CS FOR SENATE BILL                      
NO. 323(FIN) am An Act relating to sexual offenses, to those who               
commit sexual offenses, and to registration of sex offenders;                  
amending Rule 6(r)(2), Alaska Rules of Criminal Procedure; and                 
providing for an effective date pass the Senate? The roll was taken            
with the following result:                                                     
                                                                               
CSSB 323(FIN) am                                                               
Third Reading - On Reconsideration                                             
Effective Date                                                                 
Court Rule                                                                     
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman,                  
Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips,              
Sharp, Taylor, Torgerson, Ward, Wilken                                         
                                                                               
and so, CS FOR SENATE BILL NO. 323(FIN) am passed the                          
Senate on reconsideration.                                                     
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause. Without objection, it was so ordered.                                  
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the Court Rule               
change. Without objection, it was so ordered and the bill was                  
referred to the Secretary for engrossment.