Legislature(2017 - 2018)
2018-05-10 Senate Journal
Full Journal pdf2018-05-10 Senate Journal Page 3039 HB 312 SENATE CS FOR HOUSE BILL NO. 312(RLS) "An Act relating to scheduled substances; relating to the Controlled Substances Advisory Committee; authorizing the attorney general to schedule substances by emergency regulation or repeal an emergency regulation that scheduled a substance; relating to arrest without a warrant for assault in the fourth degree at a health care facility; relating to detaining a person for up to 48 hours for the prosecuting authority to demonstrate that release of the person 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 a criminal conviction or charge outside the state; relating to conditions of release for a person who is represented by an attorney or has a criminal conviction or charge outside the state; relating to factors the court is required to consider when determining the conditions of release before trial; relating to the surcharge imposed for violation of state or municipal law; relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility; amending the authority 2018-05-10 Senate Journal Page 3040 of pretrial services officers to make a warrantless arrest or request the court to issue a warrant for arrest; providing that pretrial services, probation, and parole officers may perform duties relating to pretrial services, probation, and parole; amending Rule 41, Alaska Rules of Criminal Procedure; and providing for an effective date" was read the third time. Senator Meyer moved the bill be returned to second reading for the purpose of all amendments offered today. Without objection, the bill was returned to second reading. Senator Meyer offered Amendment No. 1 : Page 19, following line 21: Insert a new bill section to read: "* Sec. 33. Section 17 of this Act takes effect January 1, 2019." Senator Meyer moved for the adoption of Amendment No. 1. Without objection Amendment No. 1 was adopted. Senator Wilson offered Amendment No. 2 : Page 2, line 4, following "Procedure;": Insert "providing for an effective date by amending the effective date of sec. 71, ch. 1, 4SSLA 2017;" Page 18, following line 28: Insert a new bill section to read: "* Sec. 29. Section 77, ch. 1, 4SSLA 2017, is repealed." Renumber the following bill sections accordingly. Page 19, line 17: Delete "sec. 29" Insert "sec. 30" 2018-05-10 Senate Journal Page 3041 Page 19, following line 19: Insert a new bill section to read: "* Sec. 33. Section 79, ch. 1, 4SSLA 2017, is amended to read: Sec. 79. Section 71 of this Act [IF, UNDER SEC. 77 OF THIS ACT, SEC. 71 OF THIS ACT TAKES EFFECT, IT] takes effect July 1, 2018." Renumber the following bill section accordingly. Page 19, line 20: Delete "29, and 31" Insert "30, and 32" Senator Wilson moved for the adoption of Amendment No. 2. Senator Gardner objected, then withdrew her objection. There being no further objection, Amendment No. 2 was adopted. Senators Costello, von Imhof, Hughes, Shower offered Amendment No. 3 : Page 7, lines 15 - 18: Delete "(1) low to moderate risk shall, except as provided in (m) of this section, be released on the person's own recognizance or upon execution of an unsecured appearance bond or unsecured performance bond; or (2)" Insert "[(1)] low, [TO] moderate, or [RISK SHALL BE RELEASED ON THE PERSON'S OWN RECOGNIZANCE OR UPON EXECUTION OF AN UNSECURED APPEARANCE BOND OR UNSECURED PERFORMANCE BOND; OR (2)]" Page 9, lines 12 - 22: Delete all material. Renumber the following bill sections accordingly. Page 19, line 1: Delete "and AS 12.30.011(m), enacted by sec. 16 of this Act," 2018-05-10 Senate Journal Page 3042 Page 19, lines 10 - 11: Delete "and AS 12.30.011(m), enacted by sec. 16 of this Act," Page 19, line 11: Delete "secs. 10 - 16" Insert "secs. 10 - 15" Page 19, line 12: Delete "sec. 17" Insert "sec. 16" Page 19, line 13: Delete "sec. 18" Insert "sec. 17" Page 19, line 14: Delete "secs. 17 and 18" Insert "secs. 16 and 17" Page 19, line 17: Delete "Sections 10 - 16" Insert "Sections 10 - 15" Delete "sec. 29" Insert "sec. 28" Page 19, line 20: Delete "10 - 16, 19, 20, 29, and 31" Insert "10 - 15, 18, 19, 28, and 30" Senator Costello moved for the adoption of Amendment No. 3. Objections were heard. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS HB 312(RLS) am S Second Reading Amendment No. 3? YEAS: 12 NAYS: 6 EXCUSED: 1 ABSENT: 1 2018-05-10 Senate Journal Page 3043 Yeas: Costello, Giessel, Hughes, Kelly, MacKinnon, Meyer, Micciche, Shower, Stevens, von Imhof, Wielechowski, Wilson Nays: Begich, Bishop, Coghill, Egan, Gardner, Hoffman Excused: Stedman Absent: Olson and so, Amendment No. 3 was adopted. SENATE CS FOR HOUSE BILL NO. 312(RLS) am S "An Act relating to scheduled substances; relating to the Controlled Substances Advisory Committee; authorizing the attorney general to schedule substances by emergency regulation or repeal an emergency regulation that scheduled a substance; relating to arrest without a warrant for assault in the fourth degree at a health care facility; relating to detaining a person for up to 48 hours for the prosecuting authority to demonstrate that release of the person 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 a criminal conviction or charge outside the state; relating to conditions of release for a person who is represented by an attorney or has a criminal conviction or charge outside the state; relating to factors the court is required to consider when determining the conditions of release before trial; relating to the surcharge imposed for violation of state or municipal law; relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility; amending the authority of pretrial services officers to make a warrantless arrest or request the court to issue a warrant for arrest; providing that pretrial services, probation, and parole officers may perform duties relating to pretrial services, probation, and parole; amending Rule 41, Alaska Rules of Criminal Procedure; providing for an effective date by amending the effective date of sec. 71, ch. 1, 4SSLA 2017; and providing for an effective date" was automatically in third reading. Senators Coghill, Wilson, Egan, von Imhof, Shower, Costello, Olson, Kelly moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. 2018-05-10 Senate Journal Page 3044 The question being: "Shall SENATE CS FOR HOUSE BILL NO. 312(RLS) am S "An Act relating to scheduled substances; relating to the Controlled Substances Advisory Committee; authorizing the attorney general to schedule substances by emergency regulation or repeal an emergency regulation that scheduled a substance; relating to arrest without a warrant for assault in the fourth degree at a health care facility; relating to detaining a person for up to 48 hours for the prosecuting authority to demonstrate that release of the person 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 a criminal conviction or charge outside the state; relating to conditions of release for a person who is represented by an attorney or has a criminal conviction or charge outside the state; relating to factors the court is required to consider when determining the conditions of release before trial; relating to the surcharge imposed for violation of state or municipal law; relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility; amending the authority of pretrial services officers to make a warrantless arrest or request the court to issue a warrant for arrest; providing that pretrial services, probation, and parole officers may perform duties relating to pretrial services, probation, and parole; amending Rule 41, Alaska Rules of Criminal Procedure; providing for an effective date by amending the effective date of sec. 71, ch. 1, 4SSLA 2017; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 312(RLS) am S Third Reading - Final Passage Court Rule Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, Kelly, MacKinnon, Meyer, Micciche, Olson, Shower, Stevens, von Imhof, Wielechowski, Wilson Excused: Stedman and so, SENATE CS FOR HOUSE BILL NO. 312(RLS) am S passed the Senate. 2018-05-10 Senate Journal Page 3045 Senator Micciche moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the court rule change. Without objection, it was so ordered. Senator Micciche moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. President Kelly stated in accordance with Rule 43(b), Alaska State Legislature Uniform Rules, engrossment may be waived on SENATE CS FOR HOUSE BILL NO. 312(RLS) am S.