Legislature(2015 - 2016)
2016-05-02 House Journal
Full Journal pdf2016-05-02 House Journal Page 2637 SB 91 HCS CSSSSB 91(FIN) am H was before the House in second reading (page 2608). Amendment No. 7 was offered by Representative Josephson: Page 25, lines 17 - 23: Delete all material and insert: "* Sec. 49. AS 12.30.006(b) is repealed and reenacted to read: (b) At the first appearance before a judicial officer, a person may be detained up to 48 hours for the prosecuting authority to demonstrate that release of the person under AS 12.30.011 would not reasonably ensure the appearance of the person or will pose a danger to the victim, other persons, or the community, if the person has been charged with the following crimes: (1) an unclassified, class A, or class B felony; (2) a class C felony under AS 11.41.220, 11.41.260, 11.41.425, AS 11.46.310, 11.46.360, AS 11.51.100(d)(2) or (f), 11.51.200, AS 11.56.320, 11.56.335, 11.56.540, 11.56.590, 11.56.610, 11.56.770, 11.56.835, AS 11.61.123(f)(1), 11.61.127, 11.61.128(d), 11.61.140(h), 11.61.200, 11.61.240(b)(3), or 11.61.250; or (3) a class C felony, other than a class C felony listed in (2) of this subsection, and the person has been assessed as moderate to high risk under AS 12.30.011(c)(2)." Representative Josephson moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Claman objected. Representative Millett moved and asked unanimous consent that Representative Vazquez be excused from a call of the House today. There being no objection, it was so ordered. 2016-05-02 House Journal Page 2638 The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 7 YEAS: 10 NAYS: 28 EXCUSED: 2 ABSENT: 0 Yeas: Drummond, Herron, Josephson, Kawasaki, Lynn, Ortiz, Pruitt, Reinbold, Tuck, Colver Nays: Edgmon, Foster, Gara, Gattis, Guttenberg, Hughes, Johnson, Keller, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Wilson, Wool, Claman, Chenault Excused: Hawker, Vazquez Ortiz changed from "Nay" to "Yea". And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Josephson: Page 29, following line 19: Insert a new subsection to read: "(g) Notwithstanding (c) of this section, a pretrial services officer may not assess a person as low risk if the person has been charged with a class C felony under (1) AS 11.46.310 or 11.46.360; (2) AS 11.51.100(d)(2) or (f) or 11.51.200; (3) AS 11.56.320, 11.56.335, 11.56.540, 11.56.590, 11.56.610, 11.56.770, or 11.56.835; or (4) AS 11.61.123(f)(1), 11.61.140(h), 11.61.200, 11.61.240(b)(3), or 11.61.250." Reletter the following subsections accordingly. Page 68, following line 29: Insert a new subsection to read: "(f) Notwithstanding (c)(2) of this section, a pretrial services officer may not assess a person as low risk if the person has been 2016-05-02 House Journal Page 2639 charged with a class C felony under (1) AS 11.46.310, 11.46.360; (2) AS 11.51.100(d)(2) or (f) or 11.51.200, (3) AS 11.56.320, 11.56.335, 11.56.540, 11.56.590, 11.56.610, 11.56.770, or 11.56.835; or (4) AS 11.61.123(f)(1), 11.61.140(h), 11.61.200, 11.61.240(b)(3), or 11.61.250." Reletter the following subsections accordingly. Representative Josephson moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 8 YEAS: 7 NAYS: 31 EXCUSED: 2 ABSENT: 0 Yeas: Herron, Josephson, Lynn, Ortiz, Reinbold, Tuck, Drummond Nays: Edgmon, Foster, Gara, Gattis, Guttenberg, Hughes, Johnson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Wilson, Wool, Claman, Colver, Chenault Excused: Hawker, Vazquez And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Josephson: Page 43, line 18, following "unclassified": Insert ", class A, or class B" Representative Josephson moved and asked unanimous consent that Amendment No. 9 be adopted. 2016-05-02 House Journal Page 2640 Representative Claman objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 9 YEAS: 10 NAYS: 26 EXCUSED: 2 ABSENT: 2 Yeas: Herron, Josephson, Kawasaki, Lynn, Millett, Ortiz, Pruitt, Tarr, Tuck, Colver Nays: Gara, Gattis, Guttenberg, Hughes, Johnson, Keller, Kito, Kreiss-Tomkins, LeDoux, Munoz, Nageak, Neuman, Olson, Saddler, Seaton, Spohnholz, Stutes, Talerico, Thompson, Tilton, Wilson, Wool, Claman, Edgmon, Foster, Chenault Excused: Hawker, Vazquez Absent: Reinbold, Drummond And so, Amendment No. 9 was not adopted. Amendment No. 10 was not offered. Amendment No. 11 was offered by Representative Josephson: Page 52, line 3: Delete "30" Insert "100" Page 52, lines 10 - 13: Delete all material and insert: "(A) AS 11.46.330; (B) AS 11.46.486; (C) AS 11.56.755(b)(1); (D) AS 11.56.780; (E) AS 11.61.116(c)(1) and the person is 21 years of age or older; (F) AS 11.61.120(a)(6) and the person is 21 years of age or older; (G) AS 11.61.220; 2016-05-02 House Journal Page 2641 (H) AS 11.61.240(b)(2); or (I) AS 11.76.140(b)(2)." Representative Josephson moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Gara objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 11 YEAS: 11 NAYS: 27 EXCUSED: 2 ABSENT: 0 Yeas: Josephson, Kawasaki, Lynn, Millett, Ortiz, Pruitt, Reinbold, Tarr, Tuck, Wool, Drummond Nays: Gattis, Guttenberg, Herron, Hughes, Johnson, Keller, Kito, Kreiss-Tomkins, LeDoux, Munoz, Nageak, Neuman, Olson, Saddler, Seaton, Spohnholz, Stutes, Talerico, Thompson, Tilton, Wilson, Claman, Colver, Edgmon, Foster, Gara, Chenault Excused: Hawker, Vazquez And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Josephson: Page 52, line 30: Delete "24 hours" Insert "5 days" Representative Josephson moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: 2016-05-02 House Journal Page 2642 HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 12 YEAS: 2 NAYS: 35 EXCUSED: 2 ABSENT: 1 Yeas: Josephson, Lynn Nays: Guttenberg, Herron, Hughes, Johnson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Chenault Excused: Hawker, Vazquez Absent: Reinbold And so, Amendment No. 12 was not adopted. Amendment No. 13 was offered by Representative Josephson: Page 52, line 20: Delete "five days of suspended" Insert "10 days of" Page 52, line 24: Delete "or" Page 52, line 25: Delete "active or suspended" Insert "more than seven days of" Page 52, line 26: Delete "not been previously convicted, or has previously been convicted once," Insert "been previously convicted once" Page 52, line 28, following "elements": Insert "; or (3) a sentence of more than five days of suspended imprisonment if the person has not been previously convicted of 2016-05-02 House Journal Page 2643 an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or another jurisdiction with substantially similar elements" Representative Josephson moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 13 YEAS: 4 NAYS: 34 EXCUSED: 2 ABSENT: 0 Yeas: Herron, Josephson, Lynn, Tuck Nays: Hughes, Johnson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Wilson, Wool, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Chenault Excused: Hawker, Vazquez And so, Amendment No. 13 was not adopted. The Speaker stated that, without objection, HCS CSSSSB 91(FIN) am H will be held in second reading to tomorrow's calendar.