Legislature(2005 - 2006)

2005-02-23 House Journal

Full Journal pdf

2005-02-23                     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                                          
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,                                       
Excused:  Kott                                                                                      
Absent:  Joule, Seaton                                                                              
And so, Amendment No. 2 was not adopted.