Legislature(2015 - 2016)
2016-05-04 House Journal
Full Journal pdf2016-05-04 House Journal Page 2741 SB 91 The following was before the House in second reading (page 2608) with Amendment No. 35 (page 2734) moved and pending: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 91(FIN) am H "An Act relating to civil in rem forfeiture actions; relating to criminal law and procedure; relating to controlled substances; 2016-05-04 House Journal Page 2742 relating to victims of criminal offenses; relating to probation; relating to sentencing; relating to treatment program credit for time spent toward service of a sentence of imprisonment; relating to the Violent Crimes Compensation Board; establishing a pretrial services program with pretrial services officers in the Department of Corrections; relating to permanent fund dividends; relating to electronic monitoring; relating to penalties for violations of municipal ordinances; relating to parole; relating to correctional restitution centers; relating to community work service; relating to revocation, termination, suspension, cancellation, or restoration of a driver's license; relating to identification cards and driver's licenses for parolees; relating to the disqualification of persons convicted of certain felony drug offenses from participation in the food stamp and temporary assistance programs; relating to the duties of the commissioner of corrections; relating to collecting information about civil litigation by the Alaska Judicial Council; amending Rules 32, 32.1, 38, and 43, Alaska Rules of Criminal Procedure; repealing Rule 41(a)(3), Alaska Rules of Civil Procedure, and Rules 511(c) and (e), Alaska Rules of Appellate Procedure; and providing for an effective date." Representative Pruitt moved and asked unanimous consent to withdraw Amendment No. 35. There being no objection, it was so ordered. Amendment No. 42 was offered by Representative Pruitt: Page 50, line 21, through page 51, line 14: Delete all material and insert: "* Sec. 83. AS 12.55.125(e) is amended to read: (e) Except as provided in (i) of this section, a defendant convicted of a class C felony may be sentenced to a definite term of imprisonment of not more than five years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: (1) if the offense is a first felony conviction and does not involve circumstances described in (4) of this subsection, zero to 120 days [TWO YEARS]; a defendant sentenced under this paragraph may, if the court finds it appropriate, be granted a suspended imposition of sentence under as 12.55.085, and the 2016-05-04 House Journal Page 2743 court may, as a condition of probation under AS 12.55.086, require the defendant to serve an active term of imprisonment within the range specified in this paragraph; (2) if the offense is a second felony conviction, one to three [TWO TO FOUR] years; (3) if the offense is a third felony conviction, two [THREE] to five years; (4) if the offense is a first felony conviction, and the defendant violated (A) AS 08.54.720(a)(15), one to two years; (B) AS 28.35.030(n)(1)(A) or 28.35.032(p)(1)(A), 120 days to 239 days; (C) AS 28.35.030(n)(1)(B) or 28.35.032(p)(1)(B), 240 days to 359 days; (D) AS 28.35.030(n)(1)(C) or 23.35.032(p)(1)(C), 360 days to two years." Representative Pruitt moved and asked unanimous consent that Amendment No. 42 be adopted. Representative Wilson objected. The question being: "Shall Amendment No. 42 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 42 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Ortiz, Pruitt, Reinbold, Talerico, Thompson, Vazquez, Colver, Drummond, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Lynn, Millett, Neuman, Chenault, Tilton Nays: Saddler, Seaton, Spohnholz, Stutes, Tarr, Tuck, Wilson, Wool, Claman, Edgmon, Foster, Gara, Gattis, Guttenberg, Kito, Kreiss-Tomkins, LeDoux, Munoz, Nageak, Olson Excused: Hawker Tilton changed from "NAY" to "YEA" 2016-05-04 House Journal Page 2744 And so, Amendment No. 42 was not adopted. Amendment No. 36 was offered by Representatives Pruitt, Gara, and Colver: Page 38, line 19: Delete "360 days" Insert "120 days" Representative Pruitt moved and asked unanimous consent that Amendment No. 36 be adopted. Representative Wilson objected. The question being: "Shall Amendment No. 36 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 36 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Pruitt, Reinbold, Tarr, Tuck, Vazquez, Colver, Drummond, Gara, Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Lynn, Nageak, Chenault Nays: Saddler, Seaton, Spohnholz, Stutes, Talerico, Thompson, Tilton, Wilson, Wool, Claman, Edgmon, Foster, Gattis, Keller, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Neuman, Olson, Ortiz Excused: Hawker And so, Amendment No. 36 was not adopted. Amendment No. 37 was offered by Representatives Gara, Millett, Josephson, Herron, Pruitt, and Tuck: Page 43, line 11: Delete all material and insert: "(1) has completed at least (A) two years on probation if the person was convicted of a class A or class B felony that is not a crime 2016-05-04 House Journal Page 2745 under (5) of this subsection; or (B) one year on probation if the person was convicted of a crime that is not a crime (i) under (A) of this paragraph; or (ii) under (5) of this subsection;" Page 43, line 15: Delete "at least one year" Insert "the period specified in (1) of this subsection" Representative Gara moved and asked unanimous consent that Amendment No. 37 be adopted. Objection was heard and withdrawn. There being no further objection Amendment No. 37 was adopted. Amendment No. 38 was offered by Representatives Claman, Wool, LeDoux, and Kawasaki: Page 60, line 6, following "corrections": Insert ". A person who is serving a sentence of imprisonment required under (b)(1)(A) of this section by electronic monitoring at a private residence may not be subject to a search of the person's dwelling by a peace officer or a person required to administer the electronic monitoring under AS 33.30.065(a), except upon probable cause" Page 62, line 10, following "corrections": Insert ". A person who is serving a sentence of imprisonment required under (g)(1)(A) of this section by electronic monitoring at a private residence may not be subject to a search of the person's dwelling by a peace officer or a person required to administer the electronic monitoring under AS 33.30.065(a), except upon probable cause" Representative Claman moved and asked unanimous consent that Amendment No. 38 be adopted. Representative Saddler objected. 2016-05-04 House Journal Page 2746 The question being: "Shall Amendment No. 38 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 38 YEAS: 22 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Spohnholz, Stutes, Tarr, Tuck, Wilson, Wool, Claman, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Herron, Hughes, Johnson, Kawasaki, Kreiss-Tomkins, LeDoux, Munoz, Ortiz, Josephson Nays: Reinbold, Saddler, Seaton, Talerico, Thompson, Tilton, Vazquez, Colver, Keller, Kito, Lynn, Millett, Nageak, Neuman, Olson, Pruitt, Chenault Excused: Hawker Josephson changed from "NAY" to "YEA" And so, Amendment No. 38 was adopted. Amendment No. 39 was not offered. The Speaker ruled Amendment No. 40 out of order citing Article II, Section 13 of the Constitution of the State of Alaska, Rule 35 of the Uniform Rules, and Section 402 of Mason's Manual. Amendment No. 41 was not offered. Amendment No. 43 [Amendment to Amendment No. 27] was offered by Representatives Claman and Chenault: Page 5, line 24 of the amendment: Delete "$2,000" Insert "$1,000" Page 5, line 31 of the amendment: Delete "$2,000" Insert "$1,000" 2016-05-04 House Journal Page 2747 Page 6, line 1 of the amendment: Delete "$2,000" Insert "$1,000" Representative Claman moved and asked unanimous consent that Amendment No. 43 [Amendment to Amendment No. 27] be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 43 [Amendment to Amendment No. 27] was adopted. Amendment No. 44 was offered by Representative Vazquez: Page 10, line 16, through page 11, line 28: Delete all material and insert: "* Sec. 20. AS 11.56.730 is amended by adding a new subsection to read: (d) In a prosecution for failure to appear under (a) of this section, it is not a defense that the defendant did not receive a reminder notification from a court or judicial officer under Rule 38(e), Alaska Rules of Criminal Procedure." Renumber the following bill sections accordingly. Page 25, lines 3 - 7: Delete all material and insert: "(3) the peace officer has probable cause to believe the person has committed a violation of conditions of release under AS 11.56.757." Page 108, line 3: Delete "sec. 53" Insert "sec. 51" Page 108, line 9: Delete "sec. 69" Insert "sec. 67" Page 108, line 12: Delete "sec. 69" Insert "sec. 67" 2016-05-04 House Journal Page 2748 Page 108, line 13: Delete "sec. 70" Insert "sec. 68" Page 108, line 16: Delete "sec. 86" Insert "sec. 84" Page 108, line 19: Delete "sec. 105" Insert "sec. 103" Page 110, lines 15 - 16: Delete all material. Renumber the following paragraphs accordingly. Page 110, line 17: Delete "sec. 24" Insert "sec. 22" Page 110, line 18: Delete "sec. 26" Insert "sec. 24" Page 110, line 19: Delete "sec. 27" Insert "sec. 25" Page 110, line 20: Delete "sec. 29" Insert "sec. 27" Page 110, line 21: Delete "sec. 35" Insert "sec. 33" Page 110, line 22: Delete "sec. 36" Insert "sec. 34" 2016-05-04 House Journal Page 2749 Page 110, line 23: Delete "sec. 39" Insert "sec. 37" Page 110, line 24: Delete "sec. 41" Insert "sec. 39" Page 110, line 25: Delete "sec. 43" Insert "sec. 41" Page 110, line 26: Delete "sec. 79" Insert "sec. 77" Page 110, line 27: Delete "sec. 80" Insert "sec. 78" Page 110, line 28: Delete "sec. 92" Insert "sec. 90" Page 110, line 29: Delete "sec. 93" Insert "sec. 91" Page 110, line 30: Delete "sec. 99" Insert "sec. 97" Page 110, line 31: Delete "sec. 100" Insert "sec. 98" Page 111, line 1: Delete "sec. 149" Insert "sec. 147" 2016-05-04 House Journal Page 2750 Page 111, line 4: Delete "sec. 31" Insert "sec. 29" Page 111, line 5: Delete "sec. 32" Insert "sec. 30" Page 111, line 6: Delete "sec. 33" Insert "sec. 31" Page 111, line 7: Delete "sec. 34" Insert "sec. 32" Page 111, line 10: Delete "sec. 62" Insert "sec. 60" Page 111, line 11: Delete "sec. 63" Insert "sec. 61" Page 111, line 12: Delete "sec. 64" Insert "sec. 62" Page 111, line 13: Delete "sec. 65" Insert "sec. 63" Page 111, line 16: Delete "sec. 60" Insert "sec. 58" Page 111, line 17: Delete "sec. 61" Insert "sec. 59" 2016-05-04 House Journal Page 2751 Page 111, line 18: Delete "sec. 78" Insert "sec. 76" Page 111, line 19: Delete "sec. 95" Insert "sec. 93" Page 111, line 20: Delete "sec. 98" Insert "sec. 96" Page 111, line 21: Delete "sec. 108" Insert "sec. 106" Page 111, line 22: Delete "sec. 109" Insert "sec. 107" Page 111, line 23: Delete "sec. 110" Insert "sec. 108" Page 111, line 24: Delete "sec. 112" Insert "sec. 110" Page 111, line 25: Delete "sec. 121" Insert "sec. 119" Page 111, line 26: Delete "sec. 141" Insert "sec. 139" Page 111, line 27: Delete "sec. 58" Insert "sec. 56" 2016-05-04 House Journal Page 2752 Page 111, line 28: Delete "sec. 58" Insert "sec. 56" Page 111, line 29: Delete "sec. 58" Insert "sec. 56" Page 112, line 2: Delete "sec. 67" Insert "sec. 65" Page 112, line 3: Delete "sec. 68" Insert "sec. 66" Page 112, line 4: Delete "sec. 69" Insert "sec. 67" Page 112, line 5: Delete "sec. 66" Insert "sec. 64" Page 112, line 6: Delete "sec. 66" Insert "sec. 64" Page 112, line 7: Delete "sec. 66" Insert "sec. 64" Page 112, line 8: Delete "sec. 70" Insert "sec. 68" Page 112, line 9: Delete "sec. 70" Insert "sec. 68" 2016-05-04 House Journal Page 2753 Page 112, line 10: Delete "sec. 70" Insert "sec. 68" Page 112, line 11: Delete "sec. 72" Insert "sec. 70" Page 112, line 12: Delete "sec. 72" Insert "sec. 70" Page 112, line 13: Delete "sec. 72" Insert "sec. 70" Page 112, line 14: Delete "sec. 75" Insert "sec. 73" Page 112, line 15: Delete "sec. 75" Insert "sec. 73" Page 112, line 16: Delete "sec. 75" Insert "sec. 73" Page 112, line 20: Delete "sec. 71" Insert "sec. 69" Page 112, line 21: Delete "sec. 73" Insert "sec. 71" Page 112, line 22: Delete "sec. 74" Insert "sec. 72" 2016-05-04 House Journal Page 2754 Page 112, line 23: Delete "sec. 77" Insert "sec. 75" Page 112, line 24: Delete "sec. 103" Insert "sec. 101" Page 112, line 28: Delete "sec. 90" Insert "sec. 88" Page 112, line 29: Delete "sec. 91" Insert "sec. 89" Page 112, line 30: Delete "sec. 97" Insert "sec. 95" Page 113, line 2: Delete "sec. 106" Insert "sec. 104" Page 113, line 3: Delete "sec. 107" Insert "sec. 105" Page 113, line 4: Delete "sec. 111" Insert "sec. 109" Page 113, line 5: Delete "sec. 113" Insert "sec. 111" Page 113, line 6: Delete "sec. 114" Insert "sec. 112" 2016-05-04 House Journal Page 2755 Page 113, line 7: Delete "sec. 115" Insert "sec. 113" Page 113, line 8: Delete "sec. 122" Insert "sec. 120" Page 113, line 9: Delete "sec. 123" Insert "sec. 121" Page 113, line 10: Delete "sec. 124" Insert "sec. 122" Page 113, line 11: Delete "sec. 125" Insert "sec. 123" Page 113, line 12: Delete "sec. 126" Insert "sec. 124" Page 113, line 13: Delete "sec. 127" Insert "sec. 125" Page 113, line 14: Delete "sec. 128" Insert "sec. 126" Page 113, line 15: Delete "sec. 130" Insert "sec. 128" Page 113, line 16: Delete "AS 11.56.730(e)" Insert "AS 11.56.730(d)" Delete "sec. 22" 2016-05-04 House Journal Page 2756 Insert "sec. 20" Delete "sec. 166" Insert "sec. 164" Page 113, line 17: Delete "secs. 22 and 166" Insert "secs. 20 and 164" Page 113, line 20: Delete "sec. 49" Insert "sec. 47" Page 113, line 21: Delete "sec. 50" Insert "sec. 48" Page 113, line 22: Delete "sec. 51" Insert "sec. 49" Page 113, line 23: Delete "sec. 52" Insert "sec. 50" Page 113, line 24: Delete "sec. 53" Insert "sec. 51" Page 113, line 25: Delete "sec. 54" Insert "sec. 52" Page 113, line 26: Delete "sec. 55" Insert "sec. 53" Page 113, line 27: Delete "sec. 56" Insert "sec. 54" 2016-05-04 House Journal Page 2757 Page 113, line 28: Delete "sec. 57" Insert "sec. 55" Page 113, line 29: Delete "sec. 105" Insert "sec. 103" Page 114, line 1: Delete "sec. 129" Insert "sec. 127" Page 114, line 2: Delete "sec. 131" Insert "sec. 129" Page 114, line 3: Delete "sec. 132" Insert "sec. 130" Page 114, line 4: Delete "sec. 133" Insert "sec. 131" Page 114, line 5: Delete "sec. 134" Insert "sec. 132" Page 114, line 6: Delete "sec. 135" Insert "sec. 133" Page 114, line 7: Delete "sec. 136" Insert "sec. 134" Page 114, line 8: Delete "sec. 137" Insert "sec. 135" 2016-05-04 House Journal Page 2758 Page 114, line 9: Delete "sec. 138" Insert "sec. 136" Page 114, line 10: Delete "sec. 139" Insert "sec. 137" Page 114, line 11: Delete "sec. 102" Insert "sec. 100" Page 114, line 12: Delete "sec. 102" Insert "sec. 100" Page 114, line 13: Delete "sec. 102" Insert "sec. 100" Page 114, line 14: Delete "sec. 102" Insert "sec. 100" Page 114, line 15: Delete "sec. 142" Insert "sec. 140" Page 114, line 16: Delete "sec. 142" Insert "sec. 140" Page 114, line 17: Delete "sec. 142" Insert "sec. 140" Page 114, line 18: Delete "sec. 142" Insert "sec. 140" 2016-05-04 House Journal Page 2759 Page 114, line 22: Delete "sec. 45" Insert "sec. 43" Page 114, line 23: Delete "sec. 47" Insert "sec. 45" Page 114, line 24: Delete "sec. 44" Insert "sec. 42" Page 114, line 25: Delete "sec. 44" Insert "sec. 42" Page 114, line 26: Delete "sec. 44" Insert "sec. 42" Page 114, line 29: Delete "sec. 81" Insert "sec. 79" Page 114, line 30: Delete "sec. 82" Insert "sec. 80" Page 114, line 31: Delete "sec. 83" Insert "sec. 81" Page 115, line 1: Delete "sec. 84" Insert "sec. 82" Page 115, line 2: Delete "sec. 85" Insert "sec. 83" 2016-05-04 House Journal Page 2760 Page 115, line 3: Delete "sec. 86" Insert "sec. 84" Page 115, line 4: Delete "sec. 101" Insert "sec. 99" Page 115, line 5: Delete "sec. 83" Insert "sec. 81" Page 115, line 7: Delete "sec. 83" Insert "sec. 81" Page 115, line 9: Delete "sec. 83" Insert "sec. 81" Page 115, line 18: Delete "AS 11.56.730(e)" Insert "AS 11.56.730(d)" Delete "sec. 22" Insert "sec. 20" Page 115, line 19: Delete "sec. 166" Insert "sec. 164" Page 115, line 21: Delete "sec. 53" Insert "sec. 51" Page 115, line 22: Delete "sec. 168(a)" Insert "sec. 166(a)" Page 115, line 24: Delete "sec. 69" Insert "sec. 67" 2016-05-04 House Journal Page 2761 Delete "sec. 168(b)" Insert "sec. 166(b)" Page 115, line 27: Delete "sec. 70" Insert "sec. 68" Delete "sec. 168(c)" Insert "sec. 166(c)" Page 115, line 30: Delete "sec. 86" Insert "sec. 84" Delete "sec. 168(d)" Insert "sec. 166(d)" Page 116, line 2: Delete "sec. 105" Insert "sec. 103" Delete "sec. 168(e)" Insert "sec. 166(e)" Page 116, lines 5 - 6: Delete "Sections 3 - 21, 23 - 43, 67 - 70, 72, 79 - 87, 90 - 94, 97, 99 - 101, 142, 148 - 158, 167, 168(b), 168(c), and 168(d)" Insert "Sections 3 - 19, 21 - 41, 65 - 68, 70, 77 - 85, 88 - 92, 95, 97 - 99, 140, 146 - 156, 165, 166(b), 166(c), and 166(d)" Page 116, lines 6 - 7: Delete "and AS 11.56.730(d), enacted by sec. 22 of this Act," Page 116, line 8: Delete "Section 89" Insert "Section 87" Page 116, lines 9 - 10: Delete "Sections 45 - 48, 58, 60, 61, 66, 71, 73 - 78, 95, 96, 98, 102 - 104, 106 - 141, 143 - 146, and 159 - 161" Insert "Sections 43 - 46, 56, 58, 59, 64, 69, 71 - 76, 93, 94, 96, 100 - 102, 104 - 139, 141 - 144, 157 -159" 2016-05-04 House Journal Page 2762 Page 116, line 11: Delete "Section 147" Insert "Section 145" Page 116, line 12: Delete "Sections 44, 49 - 57, 88, 105, 168(a), and 168(e)" Insert "Sections 42, 47 - 55, 86, 103, 166(a), and 166(e)" Page 116, line 14: Delete "AS 11.56.730(e)" Insert "AS 11.56.730(d)" Delete "sec. 22" Insert "sec. 20" Delete "sec. 166" Insert "sec. 164" Representative Vazquez moved and asked unanimous consent that Amendment No. 44 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 44 be adopted?" The roll was taken with the following result: HCS CSSSSB 91(FIN) am H Second Reading Amendment No. 44 YEAS: 8 NAYS: 31 EXCUSED: 1 ABSENT: 0 Yeas: Vazquez, Colver, Johnson, Keller, Lynn, Pruitt, Reinbold, Chenault Nays: Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Claman, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Herron, Hughes, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Ortiz Excused: Hawker And so, Amendment No. 44 was not adopted. 2016-05-04 House Journal Page 2763 The Speaker ruled Amendment No. 1 out of order citing Article II, Section 13 of the Constitution of the State of Alaska, Rule 35 of the Uniform Rules, and Section 402 of Mason's Manual. Representative Reinbold moved and asked unanimous consent to rescind action in failing to adopt Amendment No. 13 (page 2643). There being no objection, it was so ordered. 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: 6 NAYS: 32 EXCUSED: 1 ABSENT: 1 Yeas: Tuck, Vazquez, Herron, Josephson, Lynn, Reinbold Nays: Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Wilson, Wool, Claman, Colver, Drummond, Edgmon, Gara, Gattis, Guttenberg, Hughes, Johnson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Chenault Excused: Hawker Absent: Foster And so Amendment No. 13 was not adopted. Representative Gara moved and asked unanimous consent to rescind action in adopting Amendment No. 4 (page 2634). There being no objection, it was so ordered. The Speaker ruled Amendment No. 4 out of order citing Article II, Section 13 of the Constitution of the State of Alaska, Rule 35 of the Uniform Rules, and Section 402 of Mason's Manual, and the new title follows: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 91(FIN) am H "An Act relating to civil in rem forfeiture actions; relating to criminal law and procedure; relating to controlled substances; 2016-05-04 House Journal Page 2764 relating to victims of criminal offenses; relating to probation; relating to sentencing; relating to treatment program credit for time spent toward service of a sentence of imprisonment; relating to the Violent Crimes Compensation Board; establishing a pretrial services program with pretrial services officers in the Department of Corrections; relating to permanent fund dividends; relating to electronic monitoring; relating to penalties for violations of municipal ordinances; relating to parole; relating to correctional restitution centers; relating to community work service; relating to revocation, termination, suspension, cancellation, or restoration of a driver's license; relating to identification cards and driver's licenses for parolees; relating to the disqualification of persons convicted of certain felony drug offenses from participation in the food stamp and temporary assistance programs; relating to the duties of the commissioner of corrections; amending Rules 32, 32.1, 38, and 43, Alaska Rules of Criminal Procedure; and providing for an effective date." HCS CSSSSB 91(FIN) am H was automatically in third reading. The House adjourned.