Legislature(2013 - 2014)

2014-03-13 House Journal

Full Journal pdf

2014-03-13                     House Journal                      Page 1880
HB 218                                                                                                                        
The following, which was advanced to third reading from the March                                                               
12, 2014, calendar (page 1849), was read the third time:                                                                        
                                                                                                                                
     CS FOR HOUSE BILL NO. 218(JUD)                                                                                             
     "An Act relating to the aggravating factor at felony sentencing of                                                         
     multiple prior misdemeanors when a prior misdemeanor involves                                                              
     an assault on a correctional employee; providing that deportation                                                          
     is not a proper factor for referral of a case to a three-judge panel                                                       
      for sentencing for a felony; and providing for an effective date."                                                       
                                                                                                                                
Representative Gruenberg moved and asked unanimous consent that                                                                 
CSHB 218(JUD) be returned to second reading for the specific                                                                    
purpose of considering Amendment No. 1.  There being no objection,                                                              
it was so ordered.                                                                                                              
                                                                                                                                

2014-03-13                     House Journal                      Page 1881
Amendment No. 1 was offered  by Representatives Gruenberg,                                                                       
Josephson, LeDoux, Holmes, Munoz, Edgmon, Tarr, Nageak, and                                                                     
Gara:                                                                                                                           
                                                                                                                                
Page 1, lines 3 - 4 (title amendment):                                                                                          
     Delete "providing that deportation is not a proper factor for                                                            
referral of a case to a three-judge panel for sentencing for a                                                                
felony;"                                                                                                                      
                                                                                                                                
Page 1, lines 6 - 13:                                                                                                           
     Delete all material.                                                                                                       
                                                                                                                                
Page 1, line 14:                                                                                                                
     Delete "Sec. 2"                                                                                                          
     Insert "Section 1"                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 6, lines 14 - 27:                                                                                                          
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 6, line 30:                                                                                                                
     Delete "(a) Section 2"                                                                                                     
     Insert "Section 1"                                                                                                         
                                                                                                                                
Page 7, lines 1 - 2:                                                                                                            
     Delete all material.                                                                                                       
                                                                                                                                
Representative Gruenberg moved and asked unanimous consent that                                                                 
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Keller objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 218(JUD)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  15   NAYS:  24   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                

2014-03-13                     House Journal                      Page 1882
Yeas:  Edgmon, Gara, Gruenberg, Guttenberg, Holmes, Josephson,                                                                  
Kawasaki, Kito III, Kreiss-Tomkins, LeDoux, Munoz, Nageak,                                                                      
Seaton, Tarr, Tuck                                                                                                              
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Feige, Foster, Gattis, Hawker,                                                            
Herron, Higgins, Hughes, Isaacson, Johnson, Keller, Lynn, Millett,                                                              
Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson,                                                                    
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Excused:  Drummond                                                                                                              
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Representative Josephson moved and asked unanimous consent that he                                                              
be allowed to abstain from voting because of a conflict of interest.                                                            
Objection was heard, and Representative Josephson was required to                                                               
vote.                                                                                                                           
                                                                                                                                
The question being:  "Shall CSHB 218(JUD) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 218(JUD)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  30   NAYS:  9   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Hawker, Herron, Higgins, Hughes, Isaacson, Johnson, Kawasaki,                                                                   
Keller, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt,                                                                    
Reinbold, Saddler, Seaton, Stoltze, Thompson, Tuck, P.Wilson,                                                                   
T.Wilson                                                                                                                        
                                                                                                                                
Nays:  Gara, Gruenberg, Guttenberg, Holmes, Josephson, Kito III,                                                                
Kreiss-Tomkins, LeDoux, Tarr                                                                                                    
                                                                                                                                
Excused:  Drummond                                                                                                              
                                                                                                                                
And so, CSHB 218(JUD) passed the House.                                                                                         
                                                                                                                                
Representative Pruitt 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.                                                            
                                                                                                                                

2014-03-13                     House Journal                      Page 1883
Representative Millett gave notice of reconsideration of the vote on                                                            
CSHB 218(JUD).