Legislature(2003 - 2004)

2004-05-11 Senate Journal

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2004-05-11                     Senate Journal                      Page 3710
HB 309                                                                                            
CS FOR HOUSE BILL NO. 309(JUD) am "An Act relating to                                               
nonindigenous fish" was read the second time.                                                       
                                                                                                    
Senator Ogan, Chair, moved and asked unanimous consent for the                                      
adoption of the Resources Senate Committee Substitute offered on                                    
page 3465. Without objection, SENATE CS FOR CS FOR HOUSE                                            
BILL NO. 309(RES) was adopted.                                                                      
                                                                                                    
Senator Seekins offered Amendment No. 1:                                                            
                                                                                                    

2004-05-11                     Senate Journal                      Page 3711
Page 1, line 1, following "nonindigenous fish":                                                   
            Insert "and consecutive sentencing; and providing for an                              
effective date"                                                                                   
                                                                                                    
Page 1, line 5, following "that":                                                                   
            Insert "section 4 of"                                                                   
                                                                                                    
Page 1, following line 8:                                                                           
            Insert new bill sections to read:                                                       
   "* Sec. 2.  AS 12.55.025(c) is amended to read:                                                
         (c)  Except as provided in (d) [AND (e)] of this section, when a                           
   defendant is sentenced to imprisonment, the term of confinement                                  
   commences on the date of imposition of sentence unless the court                                 
   specifically provides that the defendant must report to serve the                                
   sentence on another date.  If the court provides another date to begin                           
   the term of confinement, the court shall provide the defendant with                              
   written notice of the date, time, and location of the correctional                               
   facility to which the defendant must report.  A defendant shall                                  
   receive credit for time spent in custody pending trial, sentencing, or                           
   appeal, if the detention was in connection with the offense for which                            
   sentence was imposed.  A defendant may not receive credit for more                               
   than the actual time spent in custody pending trial, sentencing, or                              
   appeal.  The time during which a defendant is voluntarily absent                                 
   from official detention after the defendant has been sentenced may                               
   not be credited toward service of the sentence.                                                  
        * Sec. 3.  AS 12.55 is amended by adding a new section to read:                        
               Sec. 12.55.127.  Consecutive and concurrent terms of                           
   imprisonment.  (a)  If a defendant is required to serve a term of                              
   imprisonment under a separate judgment, a term of imprisonment                                   
   imposed in a later judgment, amended judgment, or probation                                      
   revocation shall be consecutive.                                                                 
               (b)  Except as provided in (c) of this section, if a defendant                       
   is being sentenced for two or more crimes in a single judgment,                                  
       terms of imprisonment may be concurrent or partially concurrent.                            
               (c)  If the defendant is being sentenced for                                         
                            (1)  escape, the term of imprisonment shall be                          
   consecutive to the term for the underlying crime;                                                
                            (2)  two or more crimes under AS 11.41, a                               
   consecutive term of imprisonment shall be imposed for at least                                   
                               (A)  the mandatory minimum term under                                

2004-05-11                     Senate Journal                      Page 3712
                  AS 12.55.125(a) for each additional crime that is murder                          
                  in the first degree;                                                              
                               (B)  the mandatory minimum term for each                             
                  additional crime that is an unclassified felony governed                          
                  by AS 12.55.125(b);                                                               
                               (C)  the presumptive term specified in                               
                  AS 12.55.125(c) or the active term of imprisonment,                               
                  whichever is less, for each additional crime that is                              
                             (i)  manslaughter; or                                                 
                                     (ii)  kidnapping that is a class A felony;                     
                               (D)  two years or the active term of                                 
      imprisonment, whichever is less, for each additional crime that is                            
      criminally negligent homicide;                                                                
                               (E)  one-fourth of the presumptive term under                        
      AS 12.55.125(c) or (i) for each additional crime that is sexual                               
      assault in the first degree under AS 11.41.410 or sexual abuse of a                           
      minor in the first degree under AS 11.41.434, or an attempt,                                  
      solicitation or conspiracy to commit those offenses; and                                      
                               (F)  some additional term of imprisonment for                        
      each additional crime, or each additional attempt or solicitation to                          
      commit the offense, under AS 11.41.200 - 11.41.250, 11.41.420 -                               
      11.41.432, 11.41.436 - 11.41.458, or 11.41.500 - 11.41.520.                                   
                             (d)  In this section,                                                 
                                           (1)  "active term of imprisonment"                       
                  means the total term of imprisonment imposed for a                                
                  crime, minus suspended imprisonment;                                              
                                           (2)  "additional crime" means a crime                    
                  that is not the primary crime;                                                    
                                           (3)  "primary crime" means the crime                     
                                                 (A)  for which the sentencing court                
                         imposes the longest active term of imprisonment; or                        
                                                 (B)  that is designated by the                     
                         sentencing court as the primary crime when no single                       
                         crime has the longest active term of imprisonment."                        
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, following line 23:                                                                          
Insert new bill sections to read:                                                                   
      "* Sec. 5.  AS 33.16.090(b) is amended to read:                                             
                                                                                                    

2004-05-11                     Senate Journal                      Page 3713
               (b)  Except as provided in (e) of this section, a prisoner is                        
   not eligible for discretionary parole during the term of a presumptive                           
   sentence; however, a prisoner is eligible for discretionary parole                               
   during a term of sentence enhancement imposed under                                              
   AS 12.55.155(a) or during the term of a consecutive or partially                                 
   consecutive presumptive sentence imposed under AS 12.55.127                                  
   [AS 12.55.025(e) OR (g)]. A prisoner sentenced to a mandatory 99-                                
   year term under AS 12.55.125(a) or a definite term under                                         
   AS 12.55.125(l) is not eligible for discretionary parole during the                              
   entire term.                                                                                     
      * Sec. 6.  AS 33.16.090(c) is amended to read:                                              
               (c)  Except as provided in (e) of this section, a prisoner                           
   eligible for discretionary parole during a period of sentence                                    
   enhancement imposed under AS 12.55.155(a) or during a                                            
   consecutive or partially consecutive presumptive sentence imposed                                
   under AS 12.55.127 [AS 12.55.025(e) OR (g)] shall serve the                                  
   unenhanced portion of the sentence or the initial presumptive                                    
   sentence before being otherwise eligible for discretionary parole                                
   under AS 33.16.100(c) or (d). For purposes of this subsection, the                               
   sentence for the most serious offense in the case of consecutive or                              
   partially consecutive presumptive sentences shall be considered the                              
   initial presumptive sentence. The unenhanced sentence or the initial                             
   presumptive sentence is considered served for purposes of                                        
   discretionary parole on the date the unenhanced or initial                                       
   presumptive sentence is due to expire less good time earned under                                
   AS 33.20.010.                                                                                    
      * Sec. 7.  AS 12.55.025(e), 12.55.025(g), and 12.55.025(h) are                              
   repealed.                                                                                        
      * Sec. 8.  APPLICABILITY.  Sections 2, 3, and 5 - 7 of this Act                             
   apply to offenses occurring on or after the effective date of those                              
   sections of this Act.                                                                            
      * Sec. 9.  Sections 2, 3, 5-9 of this Act take effect July 1,                               
   2004."                                                                                           
                                                                                                    
Senator Seekins moved for the adoption of Amendment No. 1. Senator                                  
Ellis objected, then withdrew his objection. There being no further                                 
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3714
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 309(RES) am S "An                                               
Act relating to nonindigenous fish and consecutive sentencing; and                                  
providing for an effective date" (Title change authorized by SCR 33)                                
was read the third time.                                                                            
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 309(RES) am S "An Act relating to nonindigenous fish and                                        
consecutive sentencing; and providing for an effective date" pass the                               
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCS CSHB 309(RES) am S                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 309(RES) am                                             
S passed the Senate.                                                                                
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Engrossment was waived under Uniform Rule 43(b) and the bill was                                    
signed by the President and Secretary and returned to the House for                                 
consideration.