Legislature(2011 - 2012)
2011-04-07 House Journal
Full Journal pdf2011-04-07 House Journal Page 0815 HB 127 The following, which was advanced to third reading from the April 6, 2011, calendar (page 782), was read the third time: CS FOR HOUSE BILL NO. 127(FIN) "An Act relating to the crimes of stalking, online enticement of a minor, unlawful exploitation of a minor, endangering the welfare of a child, sending an explicit image of a minor, harassment, and misconduct involving confidential information; relating to probation; relating to the subpoena power of the attorney general in cases involving use of an Internet service account; relating to an appearance before a judicial officer after arrest; relating to penalties for operating a vehicle without possessing proof of motor vehicle liability insurance or a driver's license; relating to penalties for certain arson offenses; amending Rule 5(a)(1), Alaska Rules of Criminal Procedure, and Rule 43.10, Alaska Rules of Administration; and providing for an effective date." Representative Gruenberg moved and asked unanimous consent that CSHB 127(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gruenberg and Gara: Page 1, following line 10: Insert a new bill section to read: 2011-04-07 House Journal Page 0816 "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT. While the amendments to AS 12.25.150(a) in sec. 11 of this Act and AS 12.70.130 in sec. 13 of this Act provide that an arrested person shall be taken before a judge or magistrate within 48 hours after arrest, including Sundays and holidays, it is the intent of the legislature that law enforcement officers, the Alaska Court System, and prosecutors, except where impractical, undertake reasonable measures to take an arrested person before a judge or magistrate within 24 hours after arrest." Page 1, line 11: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 12, line 14: Delete "sec. 17" Insert "sec. 18" Page 12, line 19: Delete "Sections 11, 13, and 20" Insert "Sections 1, 12, 14, and 21" Page 12, line 21: Delete "Sections 1 - 10, 12, 14, 15, 17, 19, and 21" Insert "Sections 2 - 11, 13, 15, 16, 18, 20, and 22" Page 12, line 23: Delete "Sections 16 and 18" Insert "Sections 17 and 19" Representative Gruenberg moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hawker objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2011-04-07 House Journal Page 0817 CSHB 127(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Cissna, Dick, Doogan, Edgmon, Feige, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Kawasaki, Kerttula, Miller, Munoz, Petersen, Tuck Nays: Austerman, Chenault, Costello, Fairclough, Foster, Gatto, Hawker, Johansen, Johnson, Joule, Keller, Lynn, Millett, Olson, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson Excused: Neuman And so, Amendment No. 1 was not adopted. CSHB 127(FIN) was automatically in third reading. The question being: "Shall CSHB 127(FIN) pass the House?" The roll was taken with the following result: CSHB 127(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Neuman And so, CSHB 127(FIN) passed the House. Representative Austerman moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. 2011-04-07 House Journal Page 0818 Representative Austerman moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 127(FIN) was referred to the Chief Clerk for engrossment.