Legislature(2003 - 2004)
2004-05-11 House Journal
Full Journal pdf2004-05-11 House Journal Page 4253 HB 309 A message dated May 11, 2004, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 309(JUD) am "An Act relating to nonindigenous fish." 2004-05-11 House Journal Page 4254 with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO 309(RES) am S "An Act relating to nonindigenous fish and consecutive sentencing; and providing for an effective date." (SCR 33 - title change resolution) The message further stated that under Rule 43(b) of the Uniform Rules engrossment had been waived and the following certified amendment was attached: Page 1, line 1, following "nonindigenous fish" (title amendment): Insert "and consecutive sentencing; and providing for an effective date" Page 1, line 5, following "that": Insert "section 4 of" Page 1, following line 8: Insert new bill sections to read: "* Sec. 2. AS 12.55.025(c) is amended to read: (c) Except as provided in (d) [AND (e)] of this section, when a defendant is sentenced to imprisonment, the term of confinement commences on the date of imposition of sentence unless the court specifically provides that the defendant must report to serve the sentence on another date. If the court provides another date to begin the term of confinement, the court shall provide the defendant with written notice of the date, time, and location of the correctional facility to which the defendant must report. A defendant shall receive credit for time spent in custody pending trial, sentencing, or appeal, if the detention was in connection with the offense for which sentence was imposed. A defendant may not receive credit for more than the actual time spent in custody pending trial, sentencing, or appeal. The time during which a defendant is voluntarily absent from official detention after the defendant has been sentenced may not be credited toward service of the sentence. * Sec. 3. AS 12.55 is amended by adding a new section to read: Sec. 12.55.127. Consecutive and concurrent terms of 2004-05-11 House Journal Page 4255 imprisonment. (a) If a defendant is required to serve a term of imprisonment under a separate judgment, a term of imprisonment imposed in a later judgment, amended judgment, or probation revocation shall be consecutive. (b) Except as provided in (c) of this section, if a defendant is being sentenced for two or more crimes in a single judgment, terms of imprisonment may be concurrent or partially concurrent. (c) If the defendant is being sentenced for (1) escape, the term of imprisonment shall be consecutive to the term for the underlying crime; (2) two or more crimes under AS 11.41, a consecutive term of imprisonment shall be imposed for at least (A) the mandatory minimum term under AS 12.55.125(a) for each additional crime that is murder in the first degree; (B) the mandatory minimum term for each additional crime that is an unclassified felony governed by AS 12.55.125(b); (C) the presumptive term specified in AS 12.55.125(c) or the active term of imprisonment, whichever is less, for each additional crime that is (i) manslaughter; or (ii) kidnapping that is a class A felony; (D) two years or the active term of imprisonment, whichever is less, for each additional crime that is criminally negligent homicide; (E) one-fourth of the presumptive term under AS 12.55.125(c) or (i) for each additional crime that is sexual assault in the first degree under AS 11.41.410 or sexual abuse of a minor in the first degree under AS 11.41.434, or an attempt, solicitation or conspiracy to commit those offenses; and (F) some additional term of imprisonment for each additional crime, or each additional attempt or solicitation to commit the offense, under AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 11.41.500 - 11.41.520. (d) In this section, (1) "active term of imprisonment" means the total term of imprisonment imposed for a crime, minus suspended 2004-05-11 House Journal Page 4256 imprisonment; (2) "additional crime" means a crime that is not the primary crime; (3) "primary crime" means the crime (A) for which the sentencing court imposes the longest active term of imprisonment; or (B) that is designated by the sentencing court as the primary crime when no single crime has the longest active term of imprisonment." Renumber the following bill sections accordingly. Page 2, following line 23: Insert new bill sections to read: "* Sec. 5. AS 33.16.090(b) is amended to read: (b) Except as provided in (e) of this section, a prisoner is not eligible for discretionary parole during the term of a presumptive sentence; however, a prisoner is eligible for discretionary parole during a term of sentence enhancement imposed under AS 12.55.155(a) or during the term of a consecutive or partially consecutive presumptive sentence imposed under AS 12.55.127 [AS 12.55.025(e) OR (g)]. A prisoner sentenced to a mandatory 99-year term under AS 12.55.125(a) or a definite term under AS 12.55.125(l) is not eligible for discretionary parole during the entire term. * Sec. 6. AS 33.16.090(c) is amended to read: (c) Except as provided in (e) of this section, a prisoner eligible for discretionary parole during a period of sentence enhancement imposed under AS 12.55.155(a) or during a consecutive or partially consecutive presumptive sentence imposed under AS 12.55.127 [AS 12.55.025(e) OR (g)] shall serve the unenhanced portion of the sentence or the initial presumptive sentence before being otherwise eligible for discretionary parole under AS 33.16.100(c) or (d). For purposes of this subsection, the sentence for the most serious offense in the case of consecutive or partially consecutive presumptive sentences shall be considered the initial presumptive sentence. The unenhanced sentence or the initial presumptive sentence is considered served for purposes of discretionary parole on the date the unenhanced or initial presumptive sentence is due to expire less good time earned under AS 33.20.010. 2004-05-11 House Journal Page 4257 * Sec. 7. AS 12.55.025(e), 12.55.025(g), and 12.55.025(h) are repealed. * Sec. 8. APPLICABILITY. Sections 2, 3, and 5 - 7 of this Act apply to offenses occurring on or after the effective date of those sections of this Act. * Sec. 9. Sections 2, 3, 5-9 of this Act take effect July 1, 2004." CSHB 309(JUD) am is under Unfinished Business.