Legislature(2023 - 2024)
2024-05-14 Senate Journal
Full Journal pdf2024-05-14 Senate Journal Page 2663 HB 66 SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) "An Act relating to criminal law and procedure; relating to homicide resulting from conduct involving controlled substances; establishing the crime of assault in the presence of a child; relating to the crime of stalking; changing the term 'child pornography' to 'child sexual abuse material'; relating to misconduct involving a controlled substance; relating to sentencing; relating to competency to stand trial; relating to the duty to register as a sex offender; amending the definition of 'sex offense'; relating to multidisciplinary child protection teams; relating to involuntary civil commitments; relating to victims' rights during certain civil commitment proceedings; relating to the duties of the Department of Corrections; amending Rule 6(s), Alaska Rules of Criminal Procedure; and providing for an effective date" was read the third time. Senators Myers moved the bill be returned to second reading for all amendments offered today. Without objection, the bill was returned to second reading. Senators Myers, Claman offered Amendment No. 1 : 2024-05-14 Senate Journal Page 2664 Page 2, line 12: Delete "sec. 49" Insert "sec. 52" Page 10, following line 4: Insert new bill sections to read: "* Sec. 16. AS 11.71.021(b) is amended to read: (b) In a prosecution under (a) of this section, possession of more than nine [SIX] grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that the person intended to use the listed chemicals to manufacture, to aid or abet another person to manufacture, or to deliver to another person who intends to manufacture methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers of methamphetamine or its immediate precursors. The prima facie evidence described in this subsection does not apply to a person who possesses (1) the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals (A) and the listed chemical was dispensed to the person under a valid prescription; or (B) in the ordinary course of a legitimate business, or an employee of a legitimate business, as a (i) retailer or as a wholesaler; (ii) wholesale drug distributor licensed by the Board of Pharmacy; (iii) manufacturer of drug products licensed by the Board of Pharmacy; (iv) pharmacist licensed by the Board of Pharmacy; or (v) health care professional licensed by the state; or (2) less than 24 grams of ephedrine, pseudoephedrine, phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, kept in a locked storage area on the premises of a legitimate business or nonprofit organization operating a camp, lodge, school, day care center, treatment center, or other organized group activity, and the location or nature of the activity, or the age 2024-05-14 Senate Journal Page 2665 of the participants, makes it impractical for the participants in the activity to obtain medicinal products. * Sec. 17. AS 11.71.210(a) is amended to read: (a) A person commits the crime of purchase or receipt of restricted amounts of certain listed chemicals if the person purchases or receives more than nine [SIX] grams of the following listed chemical, its salts, isomers, or salts of isomers within any 30-day period: (1) ephedrine under AS 11.71.200(4); (2) pseudoephedrine under AS 11.71.200(13); (3) phenylpropanolamine under AS 11.71.200(11). * Sec. 18. AS 11.71.210(b) is amended to read: (b) This section does not apply to a person who lawfully purchases or receives (1) more than nine [SIX] grams of a listed chemical identified in (a) of this section (A) that was dispensed to the person under a valid prescription; or (B) in the ordinary course of a legitimate business, or to an employee of a legitimate business, as a (i) retailer or as a wholesaler; (ii) wholesale drug distributor licensed by the Board of Pharmacy; (iii) manufacturer of drug products licensed by the Board of Pharmacy; (iv) pharmacist licensed by the Board of Pharmacy; or (v) health care professional licensed by the state; or (2) more than nine [SIX] but less than 24 grams of a listed chemical identified in (a) of this section in the ordinary course of a legitimate business or nonprofit organization, or as an employee of a legitimate business or nonprofit organization, operating a camp, lodge, school, day care center, treatment center, or other organized group activity, and the location or nature of the activity, or the age of the participants, makes it impractical for the participants in the activity to obtain medicinal products." Renumber the following bill sections accordingly. 2024-05-14 Senate Journal Page 2666 Page 41, line 10: Following the first occurrence of "Act,": Insert "AS 11.71.021(b), as amended by sec. 16 of this Act, AS 11.71.210(a), as amended by sec. 17 of this Act, AS 11.71.210(b), as amended by sec. 18 of this Act," Delete "sec. 21" Insert "sec. 24" Page 41, line 11: Delete "sec. 23" Insert "sec. 26" Page 41, lines 11 - 12: Delete "sec. 32" Insert "sec. 35" Page 41, line 12: Delete "13 - 15" Insert "13 - 18" Page 41, line 13: Delete "21, 23, and 32" Insert "24, 26, and 35" Page 41, line 15: Delete "sec. 26" Insert "sec. 29" Delete "sec. 27" Insert "sec. 30" Page 41, line 16: Delete "sec. 28" Insert "sec. 31" Page 41, line 18: Delete "secs. 26 - 28" Insert "secs. 29 - 31" Page 41, line 19: Delete "sec. 29" Insert "sec. 32" 2024-05-14 Senate Journal Page 2667 Page 41, line 20: Delete "sec. 29" Insert "sec. 32" Page 41, line 22: Delete "sec. 29" Insert "sec. 32" Page 41, line 23: Delete "sec. 29" Insert "sec. 32" Page 41, line 25: Delete "sec. 29" Insert "sec. 32" Page 41, line 27: Delete "sec. 30" Insert "sec. 33" Page 41, line 28: Delete "sec. 30" Insert "sec. 33" Page 41, line 29: Delete "sec. 49" Insert "sec. 52" Page 41, line 30: Delete "sec. 49" Insert "sec. 52" Page 41, line 31: Delete "sec. 49" Insert "sec. 52" Page 42, line 4: Delete "sec. 49" in both places Insert "sec. 52" in both places 2024-05-14 Senate Journal Page 2668 Page 42, line 6: Delete "Section 48" Insert "Section 51" Page 42, line 7: Delete "sec. 54" Insert "sec. 57" Senator Myers moved for the adoption of Amendment No. 1. Objection was heard, then withdrawn There being no further objection, Amendment No. 1 was adopted. Senators Shower, Claman offered Amendment No. 2 : Page 1, line 9, following "Corrections;": Insert "amending Rules 4 and 5, Alaska Rules of Civil Procedure;" Page 2, line 12: Delete "sec. 49" Insert "sec. 50" Page 29, following line 2: Insert a new bill section to read: "* Sec. 37. AS 47.30.700 is amended by adding a new subsection to read: (d) A peace officer may take a respondent into custody under (a) of this section only if the ex parte order authorizing the peace officer to take the respondent into custody is transmitted to the peace officer through a distribution method that permits the peace officer to verify that the order originated from a court. If the peace officer receives an order through a distribution method that does not permit the peace officer to verify that the order originated from a court, the peace officer shall contact the court and request that the court transmit the order to the peace officer through a suitable distribution method. The court shall immediately comply. A facsimile transmission from a telephone number, or electronic mail from an electronic mail address, known by the peace officer to belong to a court is sufficient to satisfy this subsection." 2024-05-14 Senate Journal Page 2669 Renumber the following bill sections accordingly. Page 39, following line 27: Insert a new bill section to read: "* Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to read: INDIRECT COURT RULE AMENDMENTS. AS 47.30.700(d), enacted by sec. 37 of this Act, has the effect of changing Rules 4 and 5, Alaska Rules of Civil Procedure, by restricting the permissible methods by which a court order may be served on a party." Renumber the following bill sections accordingly. Page 41, line 29: Delete "sec. 49" Insert "sec. 50" Page 41, line 30: Delete "sec. 49" Insert "sec. 50" Page 41, line 31: Delete "sec. 49" Insert "sec. 50" Page 42, line 3, following "EFFECT.": Insert new material to read: "(a) AS 47.30.700(d), enacted by sec. 37 of this Act, takes effect only if sec. 52 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. (b)" Page 42, line 4: Delete "sec. 49" in both places Insert "sec. 50" in both places Page 42, line 6: Delete "Section 48" Insert "Section 49" 2024-05-14 Senate Journal Page 2670 Page 42, line 7: Delete "sec. 54" Insert "sec. 56" Senator Shower moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Wilson offered Amendment No. 3 : Page 1, line 5: Delete "relating to competency to stand trial;" Page 1, lines 7 - 8: Delete "relating to involuntary civil commitments; relating to victims' rights during certain civil commitment proceedings;" Page 2, line 12: Delete "sec. 49" Insert "sec. 34" Page 10, line 23, through page 13, line 7: Delete all material. Renumber the following bill sections accordingly. Page 29, line 3, through page 37, line 20: Delete all material. Renumber the following bill sections accordingly. Page 41, line 10: Delete "sec. 21" Insert "sec. 17" Page 41, line 11: Delete "sec. 23" Insert "sec. 19" Page 41, lines 11 - 12: Delete "sec. 32" Insert "sec. 28" 2024-05-14 Senate Journal Page 2671 Page 41, line 13: Delete "21, 23, and 32" Insert "17, 19, and 28" Page 41, line 15: Delete "sec. 26" Insert "sec. 22" Delete "sec. 27" Insert "sec. 23" Page 41, line 16: Delete "sec. 28" Insert "sec. 24" Page 41, line 18: Delete "secs. 26 - 28" Insert "secs. 22 - 24" Page 41, line 19: Delete "sec. 29" Insert "sec. 25" Page 41, line 20: Delete "sec. 29" Insert "sec. 25" Page 41, line 22: Delete "sec. 29" Insert "sec. 25" Page 41, line 23: Delete "sec. 29" Insert "sec. 25" Page 41, line 25: Delete "sec. 29" Insert "sec. 25" Page 41, line 27: Delete "sec. 30" Insert "sec. 26" 2024-05-14 Senate Journal Page 2672 Page 41, line 28: Delete "sec. 30" Insert "sec. 26" Page 41, line 29: Delete "sec. 49" Insert "sec. 34" Page 41, line 30: Delete "sec. 49" Insert "sec. 34" Page 41, line 31: Delete "sec. 49" Insert "sec. 34" Page 42, line 4: Delete "sec. 49" in both places Insert "sec. 34" in both places Page 42, line 6: Delete "Section 48" Insert "Section 33" Page 42, line 7: Delete "sec. 54" Insert "sec. 39" Senator Wilson 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: 2024-05-14 Senate Journal Page 2673 SCS CSHB 66(FIN) am S Second Reading Amendment No. 3? YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Hughes, Kawasaki, Myers, Shower, Tobin, Wilson Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kiehl, Merrick, Olson, Stedman, Stevens, Wielechowski and so, Amendment No. 3 failed. Senator Wilson offered Amendment No. 4 : Page 39, line 6: Delete "Hearsay" Insert "In a prosecution for an offense under AS 11.41, hearsay [HEARSAY]" Senator Wilson moved for the adoption of Amendment No. 4. Senator Claman objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Second Reading Amendment No. 4? YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Dunbar, Hoffman, Hughes, Kaufman, Kawasaki, Shower, Tobin, Wilson Nays: Bishop, Bjorkman, Claman, Giessel, Gray-Jackson, Kiehl, Merrick, Myers, Olson, Stedman, Stevens, Wielechowski and so, Amendment No. 4 failed. 2024-05-14 Senate Journal Page 2674 Senator Wilson offered Amendment No. 5 : Page 41, following line 2: Insert a new bill section to read: "* Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to read: INVESTIGATION AND RECOMMENDATIONS. (a) The Department of Corrections shall contract with an organization to conduct a study on the reasons certain racial groups are overrepresented in the Department of Corrections as a portion of the prison population, when compared to the proportion of those populations in the state. (b) The Department of Corrections and the contractor shall present to the governor and the legislature not later than the first day of the First Regular Session of the Thirty-Fourth Alaska State Legislature findings and recommendations for specific actions that can be taken to reduce initial encounters with the prison system and recidivism rates following the release of prisoners in the groups studied." Renumber the following bill sections accordingly. Page 42, line 7: Delete "sec. 54" Insert "sec. 55" Senator Wilson moved for the adoption of Amendment No. 5. Senator Claman objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Second Reading Amendment No. 5? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 2024-05-14 Senate Journal Page 2675 Yeas: Bjorkman, Dunbar, Giessel, Gray-Jackson, Hughes, Kaufman, Kawasaki, Kiehl, Merrick, Myers, Shower, Stedman, Tobin, Wielechowski, Wilson Nays: Bishop, Claman, Hoffman, Olson, Stevens and so, Amendment No. 5 was adopted. Senator Tobin offered Amendment No. 6 : Page 24, line 9: Delete "and 11.66.120" Senator Tobin moved for the adoption of Amendment No. 6. Senator Claman objected. Senator Tobin moved and asked unanimous consent to withdraw Amendment No. 6. Without objection, it was so ordered. Senator Hughes offered Amendment No. 7 : Amendment No. 7 was published in Senate Journal Supplement No. 9. Senator Hughes moved for the adoption of Amendment No. 7. Senator Bishop objected. Senator Claman moved and asked unanimous consent SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S be moved to the bottom of today's calendar. Without objection, it was so ordered.