Legislature(2017 - 2018)

2018-05-10 Senate Journal

Full Journal pdf

2018-05-10                     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.