00 CS FOR SENATE BILL NO. 264(JUD)                                                                                         
01 "An Act limiting the authority of courts to suspend the imposition of sentence                                          
02 in criminal cases."                                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 12.55.085(f) is amended to read:                                                                    
05  (f)  The court may not suspend the imposition of sentence of a person who                                             
06   (1)  is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 -                                           
07 11.41.320, 11.41.410 - 11.41.530, or AS 11.46.400 [AS 11.41.410 - 11.41.455];                                          
08   (2)  uses a firearm in the commission of the offense for which the                                                   
09 person is convicted; or                                                                                                 
10   (3)  is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony                                           
11 [AS 11.41.210 - 11.41.270 OR 11.41.510 - 11.41.530,] and the person has [, WITHIN                                       
12 THE 10 YEARS PRECEDING THE COMMISSION OF THE OFFENSE FOR                                                                
13 WHICH THE PERSON HAS BEEN CONVICTED,] one or more prior convictions for                                                 
14 a misdemeanor violation of AS 11.41 or for a felony [AS 11.41] or for a violation                                   
01 of a law in this or another jurisdiction having substantially similar elements to an                                    
02 offense defined as a misdemeanor in AS 11.41 or as a felony in this state [IN                                         
03 AS 11.41]; for the purposes of this paragraph, a person shall be considered to have a                                   
04 prior conviction even if that conviction has been set aside under (e) of this section or                                
05 under the equivalent provision of the laws of another jurisdiction.                                                     
06    * Sec. 2.  APPLICABILITY.  This Act applies to offenses committed on or after the                                    
07 effective date of this Act.  References to prior convictions refer to convictions occurring                             
08 before, on, or after the effective date of this Act.