Legislature(2017 - 2018)
2017-05-17 House Journal
Full Journal pdf2017-05-17 House Journal Page 1485 SB 55 The following, which had been moved to the bottom of the calendar (page 1480), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 55(RLS) "An Act relating to criminal law and procedure; relating to controlled substances; relating to sentencing; relating to protective orders; relating to restitution; relating to the period of probation; relating to revocation, termination, suspension, cancellation, or restoration of a driver's license; relating to parole; relating to the duties of the Department of Corrections and the Department of Health and Social Services; requiring an inventory of and reports on untested sexual assault examination kits; and providing for an effective date." Representative Reinbold moved and asked unanimous consent that HCS CSSB 55(RLS) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, HCS CSSB 55(RLS) would be returned to second reading for all amendments. Amendment No. 1 was offered by Representative Reinbold: 2017-05-17 House Journal Page 1486 Page 7, following line 30: Insert a new bill section to read: "* Sec. 15. 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, [PROBATION, WITH A SUSPENDED TERM OF IMPRISONMENT OF] zero to one year [18 MONTHS]; 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; (2) if the offense is a second felony conviction, one to three years; (3) if the offense is a third felony conviction, two 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." Renumber the following bill sections accordingly. Page 19, following line 2: Insert a new subsection to read: "(d) AS 12.55.125(e), as amended by sec. 15 of this Act, applies to sentences imposed on or after the effective date of sec. 15 of this Act, for conduct occurring on or after the effective date of sec. 15 of this Act." Reletter the following subsection accordingly. 2017-05-17 House Journal Page 1487 Page 19, line 3: Delete "sec. 23" Insert "sec. 24" Page 19, lines 5 - 6: Delete "sec. 23" Insert "sec. 24" Page 19, line 6: Delete "sec. 23" Insert "sec. 24" Page 19, line 16: Delete "16, 18, and 23 - 30" Insert "17, 19, and 24 - 31" Representative Reinbold moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Claman objected and rose to a point of order stating the amendment violated Rule 39 of the Uniform Rules and cited Mason's Manual secs. 378, 390, and 491. The Speaker ruled the amendment out of order. Representative Reinbold appealed the ruling of the Chair. The Speaker limited the debate on the ruling to two minutes per member. Representative Tarr rose to a point of order. The Speaker asked members to speak to the ruling of the Chair. Representative LeDoux rose to a point of order regarding impugning the motives of other members. The Speaker stated that members should speak to the appeal. The question being: "Shall the ruling of the Chair be sustained?" The roll was taken with the following result: 2017-05-17 House Journal Page 1488 HCS CSSB 55(RLS) Second Reading Amendment No. 1 Sustain the Ruling of the Chair YEAS: 22 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Seaton, Stutes, Tarr, Tuck, Westlake, Wool Nays: Birch, Chenault, Eastman, Johnson, Johnston, Knopp, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Excused: Spohnholz And so, the ruling of the Chair was sustained. Representative Claman moved that Amendment Nos. 2 - 15 be consolidated and tabled. There was objection. The question being: "Shall Amendment Nos. 2 - 15 be consolidated and tabled?" The roll was taken with the following result: HCS CSSB 55(RLS) Second Reading Consolidate Amendment Nos. 2-15 and Table YEAS: 25 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Seaton, Stutes, Tarr, Tuck, Westlake, Wool Nays: Chenault, Eastman, Johnson, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Excused: Spohnholz And so, the amendments were consolidated and tabled. 2017-05-17 House Journal Page 1489 HCS CSSB 55(RLS) was automatically in third reading. Representative Stutes rose to a point of order. The Speaker cautioned members to speak to the bill. Representative Wool rose to a point of order. The Speaker asked that members identify a reference to levy a point of order and requested that all members speak to the bill. The question being: "Shall HCS CSSB 55(RLS) pass the House?" The roll was taken with the following result: HCS CSSB 55(RLS) Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake, Wool Nays: Eastman, Wilson Excused: Spohnholz And so, HCS CSSB 55(RLS) passed the House. Representative Tuck 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. HCS CSSB 55(RLS) was referred to the Chief Clerk for engrossment.