00 CS FOR SENATE BILL NO. 70(JUD) 01 "An Act relating to controlled substances regarding the crimes of manslaughter and 02 misconduct involving a controlled substance; relating to listing certain anabolic steroids 03 as controlled substances; amending Rule 41, Alaska Rules of Criminal Procedure; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 FINDINGS. The legislature finds that the illegal manufacturing of methamphetamine 09 of the type that is generally encountered in Alaska subjects anyone within a wide area to the 10 risk of fire, explosion, and toxic chemicals in gaseous, liquid, and solid form. This activity 11 presents such a high level of danger to the community and to law enforcement and 12 environmental personnel that the mandatory minimum cash bail required by sec. 6 of this Act 13 is justified for defendants described in that section. 14  * Sec. 2. AS 11.41.120(a) is amended to read: 01 (a) A person commits the crime of manslaughter if the person 02 (1) intentionally, knowingly, or recklessly causes the death of another 03 person under circumstances not amounting to murder in the first or second degree; 04 [OR] 05 (2) intentionally aids another person to commit suicide; or 06 (3) knowingly manufactures or delivers a controlled substance in  07 violation of AS 11.71, and a person dies as a direct result of ingesting the  08 controlled substance; the death is a result that does not require a culpable mental  09 state; in this paragraph, "ingesting" means voluntarily or involuntarily taking a  10 substance into the body in any manner. 11 * Sec. 3. AS 11.41.120 is amended by adding a new subsection to read: 12 (c) It is an affirmative defense to a prosecution under (a)(3) of this section that 13 (1) the defendant manufactured the controlled substance for the 14 defendant's own personal use; 15 (2) the controlled substance was stolen from a locked area designed for 16 securing valuable items or dangerous materials; and 17 (3) the defendant did not know or have reason to believe that the 18 controlled substance would be taken from the locked area. 19 * Sec. 4. AS 11.71.020(a) is amended to read: 20 (a) Except as authorized in AS 17.30, a person commits the crime of 21 misconduct involving a controlled substance in the second degree if the person 22 (1) manufactures or delivers any amount of a schedule IA controlled 23 substance or possesses any amount of a schedule IA controlled substance with intent 24 to manufacture or deliver; 25 (2) manufactures any material, compound, mixture, or preparation that 26 contains 27 (A) methamphetamine, or its salts, isomers, or salts of isomers; 28 or 29 (B) an immediate precursor of methamphetamine, or its salts, 30 isomers, or salts of isomers; 31 (3) possesses an immediate precursor of methamphetamine, or the 01 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 02 with the intent to manufacture any material compound, mixture, or preparation that 03 contains methamphetamine, or its salts, isomers, or salts of isomers; [OR] 04 (4) possesses a listed chemical with intent to manufacture any material, 05 compound, mixture, or preparation that contains 06 (A) methamphetamine, or its salts, isomers, or salts of isomers; 07 or 08 (B) an immediate precursor of methamphetamine, or its salts, 09 isomers, or salts of isomers; or  10 (5) possesses methamphetamine in an organic solution with intent  11 to extract from the solution methamphetamine salts, isomers, or salts of isomers 12 [ISOMER]. 13  * Sec. 5. AS 11.71.180 is amended by adding a new subsection to read: 14 (f) Schedule VA includes, unless specifically excepted or unless listed in 15 another schedule, any material, compound, mixture, or preparation that contains any 16 quantity of the following substances, including their salts, esters, isomers, and salts of 17 esters and isomers if those salts, esters, or isomers promote muscle growth, whenever 18 the existence of these salts, esters, and isomers is possible within the specific chemical 19 designation: anabolic steroids. In this subsection, "anabolic steroids" means any drug 20 or hormonal substance that is chemically and pharmacologically related to testosterone 21 (other than estrogens, progestins, and corticosteroids) and that promotes muscle 22 growth; "anabolic steroids" does not include an anabolic steroid that is expressly 23 intended for administration through implants to cattle or other nonhuman species and 24 that has been approved by the United States Secretary of Health and Human Services 25 for that administration, unless a person prescribes, dispenses, or distributes that type of 26 anabolic steroid for human use; "anabolic steroids" includes, but is not limited to, the 27 following: 28 (1) boldenone; 29 (2) chlorotestosterone (4-chlorotestosterone); 30 (3) clostebol; 31 (4) dehydrochlormethyltestosterone; 01 (5) dihydrotestosterone (4-dihydrotestosterone); 02 (6) drostanolone; 03 (7) ethylestrenol; 04 (8) fluoxymesterone; 05 (9) formebulone (formebolone); 06 (10) mesterolone; 07 (11) methandienone; 08 (12) methandranone; 09 (13) methandriol; 10 (14) methandrostenolone; 11 (15) methenolone; 12 (16) methyltestosterone; 13 (17) mibolerone; 14 (18) nandrolone; 15 (19) norethandrolone; 16 (20) oxandrolone; 17 (21) oxymesterone; 18 (22) oxymetholone; 19 (23) stanolone; 20 (24) stanozolol; 21 (25) testolactone; 22 (26) testosterone; 23 (27) trenbolone. 24  * Sec. 6. AS 12.30.023 is amended by adding a new subsection to read: 25 (b) In addition to conditions the court may impose under (a) of this section and 26 notwithstanding other provisions in this chapter, if the defendant is charged with 27 manufacturing methamphetamine under AS 11.71.020(a)(2), unless the defendant 28 proves to the satisfaction of the court that the defendant's only role in the offense was 29 as an aider or abettor and that the defendant did not stand to benefit financially from 30 the manufacturing, the court shall require the posting of a minimum of $250,000 cash 31 bond if the defendant 01 (1) possessed a firearm while engaged in the manufacturing; or 02 (2) has previously been convicted in this or another jurisdiction of 03 manufacturing, delivering, or possessing methamphetamine. 04  * Sec. 7. AS 12.55.125(c), as amended by ch. 2, sec. 8, SLA 2005, is amended to read: 05 (c) Except as provided in (i) of this section, a defendant convicted of a class A 06 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 07 and shall be sentenced to a definite term within the following presumptive ranges, 08 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 09 (1) if the offense is a first felony conviction and does not involve 10 circumstances described in (2) of this subsection, five to eight years; 11 (2) if the offense is a first felony conviction 12 (A) and the defendant possessed a firearm, used a dangerous 13 instrument, or caused serious physical injury or death during the commission 14 of the offense, or knowingly directed the conduct constituting the offense at a 15 uniformed or otherwise clearly identified peace officer, fire fighter, 16 correctional employee, emergency medical technician, paramedic, ambulance 17 attendant, or other emergency responder who was engaged in the performance 18 of official duties at the time of the offense, seven to 11 years; 19 (B) and the conviction is for manufacturing related to  20 methamphetamine under AS 11.71.020(a)(2)(A) or (B), seven to 11 years,  21 if  22 (i) the manufacturing occurred in a building with  23 reckless disregard that the building was used as a permanent or  24 temporary home or place of lodging for one or more children  25 under 18 years of age or the building was a place frequented by  26 children; or  27 (ii) in the course of manufacturing or in preparation  28 for manufacturing, the defendant obtained the assistance of one or  29 more children under 18 years of age or one or more children were  30 present;  31 (3) if the offense is a second felony conviction, 10 to 14 years; 01 (4) if the offense is a third felony conviction and the defendant is not 02 subject to sentencing under (l) of this section, 15 to 20 years. 03  * Sec. 8. AS 12.55.125(d), as amended by ch. 2, sec. 9, SLA 2005, is amended to read: 04 (d) Except as provided in (i) of this section, a defendant convicted of a class B 05 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 06 and shall be sentenced to a definite term within the following presumptive ranges, 07 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 08 (1) if the offense is a first felony conviction and does not involve 09 circumstances described in (2) of this subsection, one to three years; a defendant 10 sentenced under this paragraph may, if the court finds it appropriate, be granted a 11 suspended imposition of sentence under AS 12.55.085 if, as a condition of probation 12 under AS 12.55.086, the defendant is required to serve an active term of imprisonment 13 within the range specified in this paragraph, unless the court finds that a mitigation 14 factor under AS 12.55.155 applies; 15 (2) if the offense is a first felony conviction, 16 (A) the defendant violated AS 11.41.130, and the victim was a 17 child under 16 years of age, two to four years; 18 (B) two to four years if the conviction is for an attempt,  19 solicitation, or conspiracy to manufacture related to methamphetamine  20 under AS 11.31 and AS 11.71.020(a)(2)(A) or (B), and  21 (i) the attempted manufacturing occurred, or the  22 solicited or conspired offense was to have occurred, in a building  23 with reckless disregard that the building was used as a permanent  24 or temporary home or place of lodging for one or more children  25 under 18 years of age or the building was a place frequented by  26 children; or  27 (ii) in the course of an attempt to manufacture, the  28 defendant obtained the assistance of one or more children under 18  29 years of age or one or more children were present;  30 (3) if the offense is a second felony conviction, four to seven years; 31 (4) if the offense is a third felony conviction, six to 10 years. 01  * Sec. 9. AS 12.55.185 is amended by adding a new paragraph to read: 02 (1) "building," in addition to its usual meaning, includes any propelled 03 vehicle or structure adopted for overnight accommodation of persons or for carrying 04 on business; when a building consists of separate units, including apartment units, 05 offices, or rented rooms, each unit is considered a part of the same building. 06  * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 INDIRECT COURT RULE AMENDMENT. Section 6 of this Act has the effect of 09 amending Rule 41, Alaska Rules of Criminal Procedure, by limiting the type and amount of 10 bond that can be posted to secure the pretrial release of certain defendants charged with 11 manufacturing methamphetamine under AS 11.71.020(a)(2). 12  * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. This Act applies to offenses committed on or after the effective 15 date of this Act. 16  * Sec. 12. This Act takes effect July 1, 2005.