Legislature(2011 - 2012)

2011-04-07 House Journal

Full Journal pdf

2011-04-07                     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.