Legislature(2005 - 2006)
2005-02-23 House Journal
Full Journal pdf2005-02-23 House Journal Page 0389 SB 56 The following was read the second time: CS FOR SENATE BILL NO. 56(JUD) "An Act relating to criminal law and procedure, criminal sentences, and probation and parole; and providing for an effective date." with the: Journal Page JUD RPT HCS(JUD) 3DP 3NR 266 FN1: ZERO(LAW) 267 FN2: ZERO(COR) 267 FN3: ZERO(COR) 267 FN4: ZERO(DPS) 267 FN5: ZERO(S.JUD/ADM) 267 FIN RPT HCS(FIN) 7DP 1NR 352 FN1: ZERO(LAW) 353 FN4: ZERO(DPS) 353 2005-02-23 House Journal Page 0390 FN6: ZERO(COR) 353 FN7: ZERO(COR) 353 FN8: INDETERMINATE(ADM) 353 FN9: INDERTERMINATE(ADM) 353 FN10: INDETERMINATE(CRT) 353 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 56(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Samuels and Gruenberg: Page 16, following line 31: Insert a new paragraph to read: "(17) except in the case of an offense defined by AS 11.41 or AS 11.46.400 or a defendant who has previously been convicted of a felony, the defendant, at the time of sentencing, is actively participating in or has successfully completed a state-approved treatment program that is relevant to the offense and that was begun after the offense was committed;" Page 17, line 1: Delete "(17)" Insert "(18)" Representative Samuels moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Stoltze objected. **The presence of Representative Hawker was noted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2005-02-23 House Journal Page 0391 HCS CSSB 56(FIN) Second Reading Amendment No. 1 YEAS: 33 NAYS: 4 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Thomas, Wilson Nays: Chenault, Gatto, Stoltze, Weyhrauch Excused: Kott Absent: Anderson, Seaton And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Berkowitz: Page 1, line 6, following "INTENT": Insert "FOR SECTIONS 1 and 3 - 35" Page 2, following line 3: Insert new bill sections to read: "* Sec. 2. AS 11.56.850(a) is amended to read: (a) A public servant commits the crime of official misconduct if, with intent to obtain a benefit or to injure or deprive another person of a benefit, the public servant (1) performs an act relating to the public servant's office but constituting an unauthorized exercise of the public servant's official functions, knowing that that act is unauthorized; [OR] (2) knowingly refrains from performing a duty that [WHICH] is imposed upon the public servant by law or is clearly inherent in the nature of the public servant's office; or (3) knowingly takes or withholds official action, as "official action" is defined in AS 39.52.960, in order to 2005-02-23 House Journal Page 0392 affect the interests of a sole proprietorship, partnership, firm, corporation, trust or other entity through which business for profit or not for profit is conducted in which the public servant or the public servant's spouse is (A) an officer, director, trustee, partner, employee, or holds a position of management; or (B) a holder of stock exceeding $5,000 in fair market value or exceeding one percent of the outstanding stock." Renumber the following bill sections accordingly. Page 24, line 8: Delete "Sections 2, 5, 26, and 29 - 31" Insert "Sections 3, 6, 27, and 30 - 32" Page 24, line 9: Delete "Sections 3, 4, 6 - 25, 27, and 28" Insert "Sections 2, 4, 5, 7 - 26, 28, and 29" Page 24, line 11: Delete "secs. 8 - 21" Insert "secs. 9 - 22" Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. Representative McGuire objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 56(FIN) am H Second Reading Amendment No. 2 YEAS: 14 NAYS: 23 EXCUSED: 1 ABSENT: 2 2005-02-23 House Journal Page 0393 Yeas: Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Kapsner, Kerttula, Kohring, Moses, Salmon Nays: Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker, Holm, Kelly, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Excused: Kott Absent: Joule, Seaton And so, Amendment No. 2 was not adopted.