Legislature(2005 - 2006)
2006-05-04 House Journal
Full Journal pdf2006-05-04 House Journal Page 3648 SB 216 The following, which had been moved to the bottom of the calendar (page 3635), was read the second time: CS FOR SENATE BILL NO. 216(JUD) "An Act relating to bail and unlawful evasion; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 4DP 3NR 3253 FN1: ZERO(COR) 3254 FN2: INDETERMINATE(ADM) 3254 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. 216(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Berkowitz and Seaton: Page 1, line 1, following "evasion;" (title amendment): Insert "relating to methamphetamines; relating to illegal drug manufacturing sites;" Page 2, following line 31: Insert new bill sections to read: "* Sec. 5. AS 11.71.020(a) is amended to read: (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the second degree if the person (1) manufactures or delivers any amount of a schedule IA controlled substance or possesses any amount of a schedule IA 2006-05-04 House Journal Page 3649 controlled substance with intent to manufacture or deliver; (2) manufactures any material, compound, mixture, or preparation that contains (A) methamphetamine, or its salts, isomers, or salts of isomers; or (B) an immediate precursor of methamphetamine, or its salts, isomers, or salts of isomers; (3) possesses an immediate precursor of methamphetamine, or the salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, with the intent to manufacture any material, compound, mixture, or preparation that contains methamphetamine, or its salts, isomers, or salts of isomers; [OR] (4) possesses a listed chemical with intent to manufacture any material, compound, mixture, or preparation that contains (A) methamphetamine, or its salts, isomers, or salts of isomers; or (B) an immediate precursor of methamphetamine, or its salts, isomers, or salts of isomer; (5) possesses methamphetamine in an organic solution with intent to extract from it methamphetamine or its salts, isomers, or salts of isomers; or (6) under circumstances not proscribed under AS 11.71.010(a)(2), delivers (A) an immediate precursor of methamphetamine, or the salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, to another person with reckless disregard that the precursor will be used to manufacture any material, compound, mixture, or preparation that contains methamphetamine, or its salts, isomers, or salts of isomers; or (B) a listed chemical to another person with reckless disregard that the listed chemical will be used to manufacture any material, compound, mixture, or preparation that contains (i) methamphetamine, or its salts, isomers, or salts of isomers; (ii) an immediate precursor of methamphetamine, or its salts, isomers, or salts of 2006-05-04 House Journal Page 3650 isomers; or (iii) methamphetamine or its salts, isomers, or salts of isomers in an organic solution. * Sec. 6. AS 11.71.020 is amended by adding a new subsection to read: (d) In a prosecution under (a) of this section, possession of more than six grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that the person intended to use the listed chemicals to manufacture, to aid or abet another person to manufacture, or to deliver to another person who intends to manufacture methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers of methamphetamine or its immediate precursors. The prima facie evidence described in this subsection does not apply to a person who possesses (1) the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals (A) and the listed chemical was dispensed to the person under a valid prescription; or (B) in the ordinary course of a legitimate business, or an employee of a legitimate business, as a (i) retailer or as a wholesaler; (ii) wholesale drug distributor licensed by the Board of Pharmacy; (iii) manufacturer of drug products licensed by the Board of Pharmacy; (iv) pharmacist licensed by the Board of Pharmacy; or (v) health care professional licensed by the state; or (2) less than 24 grams of ephedrine, pseudoephedrine, phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, kept in a locked storage area on the premises of a legitimate business or nonprofit organization operating a camp, lodge, school, day care center, treatment center, or other organized group activity, and the location or nature of the activity, or the age of the participants, makes it impractical for the participants in the activity to obtain medicinal products. 2006-05-04 House Journal Page 3651 * Sec. 7. AS 11.71.030(a) is amended to read: (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the third degree if the person (1) under circumstances not proscribed under AS 11.71.020(a)(2) - (6) [AS 11.71.020(a)(2) - (4)], manufactures or delivers any amount of a schedule IIA or IIIA controlled substance or possesses any amount of a schedule IIA or IIIA controlled substance with intent to manufacture or deliver; (2) delivers any amount of a schedule IVA, VA, or VIA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance; or (3) possesses any amount of a schedule IA or IIA controlled substance (A) with reckless disregard that the possession occurs (i) on or within 500 feet of school grounds; or (ii) at or within 500 feet of a recreation or youth center; or (B) on a school bus. * Sec. 8. AS 11.71 is amended by adding a new section to article 2 to read: Sec. 11.71.210. Purchase or receipt of restricted amounts of certain listed chemicals. (a) A person commits the crime of purchase or receipt of restricted amounts of certain listed chemicals if the person purchases or receives more than six grams of the following listed chemical, its salts, isomers, or salts of isomers within any 30-day period: (1) ephedrine under AS 11.71.200(4); (2) pseudoephedrine under AS 11.71.200(13); (3) phenylpropanolamine under AS 11.71.200(11). (b) This section does not apply to a person who lawfully purchases or receives (1) more than six grams of a listed chemical identified in (a) of this section (A) that was dispensed to the person under a valid prescription; or (B) in the ordinary course of a legitimate business, or to an employee of a legitimate business, as a 2006-05-04 House Journal Page 3652 (i) retailer or as a wholesaler; (ii) wholesale drug distributor licensed by the Board of Pharmacy; (iii) manufacturer of drug products licensed by the Board of Pharmacy; (iv) pharmacist licensed by the Board of Pharmacy; or (v) a health care professional licensed by the state; or (2) more than six but less than 24 grams of a listed chemical identified in (a) of this section in the ordinary course of a legitimate business or nonprofit organization, or as an employee of a legitimate business or nonprofit organization, operating a camp, lodge, school, day care center, treatment center, or other organized group activity, and the location or nature of the activity, or the age of the participants, makes it impractical for the participants in the activity to obtain medicinal products. (c) Purchase or receipt of restricted amounts of certain listed chemicals is a class C felony." Renumber the following bill sections accordingly. Page 3, following line 27: Insert new bill sections to read: "* Sec. 11. AS 12.30.023 is amended by adding a new subsection to read: (b) In addition to conditions the court may impose under (a) of this section and notwithstanding other provisions in this chapter, if the defendant is charged with manufacturing methamphetamine under AS 11.71.020(a)(2), unless the defendant proves to the satisfaction of the court that the defendant's only role in the offense was as an aider or abettor and that the defendant did not stand to benefit financially from the manufacturing, the court shall require the posting of a minimum of $250,000 cash bond if the defendant has previously been convicted in this or another jurisdiction of manufacturing, delivering, or possessing methamphetamine. * Sec. 12. AS 12.55.125(c) is amended to read: (c) Except as provided in (i) of this section, a defendant convicted of a class A felony may be sentenced to a definite term 2006-05-04 House Journal Page 3653 of imprisonment of not more than 20 years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: (1) if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection, five to eight years; (2) if the offense is a first felony conviction (A) and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury or death during the commission of the offense, or knowingly directed the conduct constituting the offense at a uniformed or otherwise clearly identified peace officer, fire fighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder who was engaged in the performance of official duties at the time of the offense, seven to 11 years; (B) and the conviction is for manufacturing related to methamphetamine under AS 11.71.020(a)(2)(A) or (B), seven to 11 years, if (i) the manufacturing occurred in a building with reckless disregard that the building was used as a permanent or temporary home or place of lodging for one or more children under 18 years of age or the building was a place frequented by children; or (ii) in the course of manufacturing or in preparation for manufacturing, the defendant obtained the assistance of one or more children under 18 years of age or one or more children were present; (3) if the offense is a second felony conviction, 10 to 14 years; (4) if the offense is a third felony conviction and the defendant is not subject to sentencing under (l) of this section, 15 to 20 years. * Sec. 13. AS 12.55.125(d) is amended to read: (d) Except as provided in (i) of this section, a defendant convicted of a class B felony may be sentenced to a definite term of imprisonment of not more than 10 years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: (1) if the offense is a first felony conviction and does not 2006-05-04 House Journal Page 3654 involve circumstances described in (2) of this subsection, one to three years; a defendant sentenced under this paragraph may, if the court finds it appropriate, be granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of probation under AS 12.55.086, the defendant is required to serve an active term of imprisonment within the range specified in this paragraph, unless the court finds that a mitigation factor under AS 12.55.155 applies; (2) if the offense is a first felony conviction, (A) the defendant violated AS 11.41.130, and the victim was a child under 16 years of age, two to four years; (B) two to four years if the conviction is for an attempt, solicitation, or conspiracy to manufacture related to methamphetamine under AS 11.31 and AS 11.71.020(a)(2)(A) or (B), and (i) the attempted manufacturing occurred, or the solicited or conspired offense was to have occurred, in a building with reckless disregard that the building was used as a permanent or temporary home or place of lodging for one or more children under 18 years of age or the building was a place frequented by children; or (ii) in the course of an attempt to manufacture, the defendant obtained the assistance of one or more children under 18 years of age or one or more children were present; (3) if the offense is a second felony conviction, four to seven years; (4) if the offense is a third felony conviction, six to 10 years. * Sec. 14. AS 12.55.185 is amended by adding a new paragraph to read: (19) "building" has the meaning given in AS 11.81.900. * Sec. 15. AS 17.30 is amended by adding a new section to article 1 to read: Sec. 17.30.090. Sale or purchase of certain listed chemicals. (a) A seller, retailer, or vendor may not sell for personal use and a person may not purchase for personal use ephedrine base, pseudoephedrine base, or phenylpropanolamine base, as those terms are used in P.L. 109-177, 120 Stat. 192, 2006-05-04 House Journal Page 3655 unless that sale or purchase complies with and meets the requirements of P.L. 109-177, 120 Stat. 192, with regard to amounts, identification required, storage, access and availability, and logbooks. A seller, retailer, or vendor shall maintain the logbook for the period required under P.L. 109-177, 120 Stat. 192, and shall allow law enforcement officers access to the logbook. Each seller, retailer, and vendor shall provide training to the seller's, retailer's, or vendor's employees and agents in the requirements of this section. The Department of Public Safety shall provide assistance and information to sellers, retailers, and vendors to meet the requirements of this section. (b) A seller, retailer, or vendor may not sell to a person under 16 years of age and a person under 16 years of age may not purchase a product or substance identified in (a) of this section. (c) Nothing in this section limits the authority of a seller, retailer, or vendor regulated by this section to report to a law enforcement agency or officer suspicious purchases of a chemical, product, or substance. A seller, retailer, or vendor is not liable in a civil action for release of information to a law enforcement agency concerning matters related to this section. (d) A seller, retailer, or vendor does not violate this section if the seller, retailer, or vendor proves by a preponderance of the evidence that the seller, retailer, or vendor (1) exercised the degree of care of a reasonable employer to ensure compliance with (a) - (c) of this section; and (2) determined that the employees and agents of the seller, retailer, or vendor had been notified of the requirements of this section by (A) securing each employee's or agent's written acknowledgment of notification of those requirements; or (B) making another appropriate determination. (e) A person who violates this section shall forfeit and pay to the state a civil penalty of not more than $10,000 for each violation." Renumber the following bill sections accordingly. Page 3, following line 31: Insert new bill sections to read: 2006-05-04 House Journal Page 3656 "* Sec. 17. AS 46.03.500 is amended by adding a new subsection to read: (f) The department shall maintain on its Internet website a list of all properties for which a notice has been issued under (a) of this section. For each of those properties, the list must contain the parcel identification number, legal description, and physical address and owner's name at the time the notice was issued. * Sec. 18. AS 46.03.550(b) is amended to read: (b) The department shall maintain a list of properties for which the department has received notice under AS 46.03.500(c). When the department determines under (a) of this section that a property on the list is fit for use, the department shall note on the list maintained on its Internet website under AS 46.03.500(f), and on any other list or database it maintains related to illegal drug manufacturing sites, that the property is fit for use [REMOVE THE PROPERTY FROM THE LIST] and shall notify the owner of the property that the property is fit for use. The property shall remain on the lists or databases for five years after it is determined that the property is fit for use and shall be removed from the lists or databases within three months after the five year period has elapsed. On request, the department shall give a copy of the list maintained under this section to any person who requests the list." Renumber the following bill sections accordingly. Page 4, following line 2: Insert a new bill section to read: "* Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. Sections 5 - 8 and 11 - 15 of this Act apply to offenses committed on or after the effective date of this Act." Renumber the following bill section accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Coghill objected. 2006-05-04 House Journal Page 3657 Amendment to Amendment No. 1 was offered by Representative Berkowitz: Delete secs. 15, 17, and 18. Representative Berkowitz moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: HCS CSSB 216(FIN) Second Reading Amendment No. 1 as amended YEAS: 15 NAYS: 23 EXCUSED: 0 ABSENT: 2 Yeas: Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon, Seaton Nays: Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Absent: Holm, Lynn And so, Amendment No. 1 as amended was not adopted. Amendment No. 2 was offered by Representative Croft: Page 3, following line 17: Insert a new subparagraph to read: "(D) defendant's need for a serious health assessment or treatment that the court finds cannot be accommodated in the facility or telephonically; or" Reletter the following subparagraph accordingly. 2006-05-04 House Journal Page 3658 Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. There was objection. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 216(FIN) Second Reading Amendment No. 2 YEAS: 14 NAYS: 25 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon Nays: Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Absent: Lynn And so, Amendment No. 2 was not adopted. Representative Coghill moved and asked unanimous consent that HCS CSSB 216(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 216(FIN) will advance to third reading on tomorrow's calendar.