Legislature(2017 - 2018)GRUENBERG 120
05/13/2017 09:30 AM House RULES
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| Audio | Topic |
|---|---|
| Start | |
| SB55 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 55 | TELECONFERENCED | |
SB 55-OMNIBUS CRIME/CORRECTIONS
[Contains discussion of SB 91 and SB 54.]
9:31:21 AM
CHAIR LEDOUX announced that the only order of business would be
CS FOR SENATE BILL NO. 55(FIN), "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; and providing for an
effective date."
9:31:29 AM
REPRESENTATIVE CLAMAN moved to adopt the proposed House
committee substitute (HCS) for CSSB 55(FIN), Version 30-
LS0119\G, Martin, 5/12/17, as a work draft. There being no
objection, Version G was before the committee.
9:32:00 AM
COURTNEY ENRIGHT, Staff, Representative Gabrielle LeDoux, Alaska
State Legislature, explained the changes that would be made to
SB 55 under the proposed House committee substitute. The first
substantive change would be to add a new Section 28 to require
an inventory and report on untested sexual assault examination
kits, wherein the inventory must be completed by September 1,
2017, with a report and plan to address the untested kit backlog
transmitted to the legislature by November 1, 2017. The second
change would be the addition of new sections 4, 5, 15, 17, 19,
20, 21, 22, and 23 to amend conflicting state statute regarding
the enforcement of protection orders issued in another
jurisdiction, such as a state, territory, or tribal court. She
explained that these changes would bring Alaska into compliance
with the federal Violence Against Women Act.
9:32:58 AM
REPRESENTATIVE EASTMAN asked Ms. Enright to explain how the
proposed legislation would relate to "previous legislation that
was passed before the House dealing with the federal law and the
violation against women."
MS. ENRIGHT answered, "These new sections are identical to the
previous legislation that's come before the House."
9:33:39 AM
CHAIR LEDOUX said she would entertain amendments. She noted
that some of the amendments had been drafted for another
version, labeled 30-LS0119\S, Martin, 5/11/17, and she announced
that she was granting authorization to Legislative Legal
Services to make any conforming changes to any amendment drafted
for Version S.
9:34:12 AM
REPRESENTATIVE EASTMAN, in response to Chair LeDoux, announced
that he would not be offering any amendments today but instead
would "work on a more comprehensive change to some of the post-
SB 91 language."
[Although Representative Eastman's amendments were never
offered, because they would have been Amendments 1 and 2, Chair
LeDoux called the first amendment to be moved Amendment 3.]
9:34:46 AM
REPRESENTATIVE REINBOLD moved to adopt Amendment 3, labeled 30-
LS0119\G.3, Martin, 5/12/17, which read as follows:
Page 7, following line 30:
Insert a new bill section to read:
"* Sec. 15. AS 12.55.135(b) is amended to read:
(b) A defendant convicted of a class B
misdemeanor may be sentenced to a definite term of
imprisonment of not more than
(1) 10 days unless otherwise specified in
the provision of law defining the offense or in this
section;
(2) 90 days if the conviction is for a
violation of
(A) AS 11.61.116(c)(1) and the person is 21
years of age or older; [OR]
(B) AS 11.61.120(a)(6) and the person is 21
years of age or older; or
(C) AS 11.46.150, 11.46.220(c)(3),
11.46.260(b)(3), 11.46.270(b)(3), 11.46.280(d)(4), or
11.46.530(b)(3)."
Renumber the following bill sections accordingly.
Page 17, line 22:
Delete all material and insert:
"* Sec. 28. AS 12.55.135(l) and AS 33.16.120(h)
are repealed."
Page 19, following line 2:
Insert a new subsection to read:
"(d) AS 12.55.135(b), 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 offenses
committed on or after the effective date of sec. 15 of
this Act."
Reletter the following subsection accordingly.
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 "8 - 14, 16, 18, and 23 - 30"
Insert "8 - 15, 17, 19, and 24 - 31"
REPRESENTATIVE CLAMAN objected because he said the language in
Amendment 3 appears to address matters in SB 54, which is
currently before the House State Affairs Standing Committee.
REPRESENTATIVE REINBOLD responded as follows:
The title is broad. I met with [Legislative Legal and
Research Services] yesterday, and they said it was
absolutely germane to this. And it's something that I
think is of utmost importance, ... regarding staff,
because of the serious issues that the state is facing
in our retail stores and our grocery stores - people
are getting stabbed, people are getting killed,
because of theft - and I think it's something that we
can't wait another day to deal with.
9:35:41 AM
CHAIR LEDOUX ruled the proposed Amendment 3 out of order, not
because it is not germane, but because it is presently the
subject of another bill in [another] committee.
REPRESENTATIVE REINBOLD argued that the status of that other
bill is unknown and [not addressing the issue] will put families
and children at risk. She said she did "a ride along" recently
and "we were not there a minute and there was a theft happening
in the store." She emphasized the dangerous nature of "what's
happening ... in our communities right now."
CHAIR LEDOUX acknowledged Representative Reinbold's point, but
stated that there is a tradition in the House of "not rolling
committee chairs." She upheld her ruling.
9:36:40 AM
REPRESENTATIVE EASTMAN called a point of order to ask, "Wouldn't
it be the case that that would be something to put before the
committee for a vote to uphold the tradition? Because there's
no rule that would say that that cannot be considered at this
time."
9:36:53 AM
REPRESENTATIVE LEDOUX upheld her ruling but said Representative
Reinbold has the option of appealing the ruling of the chair.
9:37:04 AM
REPRESENTATIVE REINBOLD appealed the ruling of Chair LeDoux.
9:37:12 AM
A roll call vote was taken. Representatives Claman, Stutes,
Kito, and LeDoux voted in favor of upholding the ruling of Chair
LeDoux that Amendment 3 was out of order. Representatives
Eastman and Reinbold voted against it. Therefore, the ruling
was upheld by a vote of 4-2.
9:37:45 AM
REPRESENTATIVE REINBOLD moved to adopt Amendment 4, labeled 30-
LS0119\S.4, Martin, 5/12/17, which read as follows:
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 22:
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.
Page 19, line 23:
Delete "sec. 24"
Insert "sec. 25"
Page 19, lines 25 - 26:
Delete "sec. 24"
Insert "sec. 25"
Page 19, line 26:
Delete "sec. 24"
Insert "sec. 25"
Page 20, line 5:
Delete "16, 18, and 24 - 31"
Insert "17, 19, and 25 - 32"
REPRESENTATIVE CLAMAN objected because the language in Amendment
4 addresses subject matter currently being considered in SB 54
by the House State Affairs Standing Committee.
REPRESENTATIVE REINBOLD stated that she had previously been
ruled out of order during a House Judiciary Standing Committee
meeting chaired by Representative Claman and she feels that she
is being "shut out of the process." She opined that the
language in SB 91 regarding "C felony charges" is "absolutely
outrageous." She offered further statements in regard to SB 91.
CHAIR LEDOUX asked Representative Reinbold to limit her comments
to SB 55.
REPRESENTATIVE REINBOLD stated, "Public safety is government's
most important mandate, and we must address C felonies." She
said the topic is "completely germane" and Legislative Legal and
Research Services told her it was "completely appropriate to
do..."
9:39:18 AM
CHAIR LEDOUX interrupted to announce that she ruled Amendment 4
out of order.
9:39:22 AM
REPRESENTATIVE REINBOLD appealed the ruling of the chair.
9:39:26 AM
A roll call vote was taken. Representatives Claman, Stutes,
Kito, and LeDoux voted in favor of upholding the ruling of Chair
LeDoux that Amendment 4 was out of order. Representatives
Reinbold and Eastman voted against it. Therefore, the ruling
was upheld by a vote of 4-2.
9:40:05 AM
REPRESENTATIVE CLAMAN moved to report the proposed HCS for CSSB
55(FIN), Version 30-LS0119\G, Martin, 5/12/17, out of committee
with individual recommendations and attached fiscal notes.
REPRESENTATIVE REINBOLD objected.
9:40:24 AM
A roll call vote was taken. Representatives Claman, Stutes,
Kito, and LeDoux voted in favor of the motion to move the
proposed HCS for CSSB 55(FIN), Version 30-LS0119\G, Martin,
5/12/17, out of committee. Representatives Eastman and Reinbold
voted against it. Therefore, HCS CSSB 55(RLS) was reported out
of the House Rules Standing Committee by a vote of 4-2.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HCS SB55 Version G.pdf |
HRLS 5/13/2017 9:30:00 AM |
SB 55 |
| HCS SB55 Version S.pdf |
HRLS 5/13/2017 9:30:00 AM |
SB 55 |
| HCS SB55 Sectional Analysis.pdf |
HRLS 5/13/2017 9:30:00 AM |
SB 55 |
| HCS SB55 Revised Sectional Analysis.pdf |
HRLS 5/13/2017 9:30:00 AM |
SB 55 |
| HCS SB55 Revised Explanation of Changes.pdf |
HRLS 5/13/2017 9:30:00 AM |
SB 55 |
| HCS SB55 Amendments.pdf |
HRLS 5/13/2017 9:30:00 AM |
SB 55 |