Legislature(1999 - 2000)

2000-04-18 House Journal

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2000-04-18                     House Journal                      Page 3270
SB 268                                                                       
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 268                                                           
"An Act relating to mandatory 99-year terms of imprisonment for               
persons convicted of certain murders."                                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT HCS(JUD) 4DP 2NR                                         3172         
	2 SENATE ZERO FNS (COR, ADM) 2/24/00                             3172         
                                                                               
Representative Green moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR SENATE BILL NO. 268(JUD)                                         
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Berkowitz:                       
                                                                               
Page 2, following line 11:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 2.  AS12.55.125 is amended by adding a new subsection to          
read:                                                                          
	(m)  Notwithstanding (a)(4) and (f) of this section, if a court              
finds that imposition of a mandatory term of imprisonment of 99                
years on a defendant subject to sentencing under (a)(4) of this                
section would be manifestly unjust, the court may sentence the                 
defendant to a definite term of imprisonment otherwise permissible             
under (a) of this section."                                                    
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Sanders objected.                                               
                                                                               
                                                                               

2000-04-18                     House Journal                      Page 3271
SB 268                                                                       
Representative Ogan rose to a point of order regarding decorum in              
debate.                                                                        
                                                                               
The Speaker cautioned the members.                                             
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS SB 268(JUD)                                                                
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  27   NAYS:  13   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Green,           
Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen,                  
Kerttula, Kookesh, Kott, Morgan, Moses, Murkowski, Phillips, Porter,           
Smalley, Therriault, Whitaker, Williams                                        
                                                                               
Nays:  Austerman, Barnes, Bunde, Coghill, Cowdery, Foster, James,              
Kohring, Masek, Mulder, Ogan, Rokeberg, Sanders                                
                                                                               
And so, Amendment No. 1 was adopted.                                           
                                                                               
Representative Green moved and asked unanimous consent that HCS                
SB 268(JUD) am H be considered engrossed, advanced to third reading            
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
HCS SB 268(JUD) am H was read the third time.                                  
                                                                               
The Speaker stated that, without objection, HCS SB 268(JUD) am H               
would be held in third reading to the April 19, 2000, calendar.