HB 100: "An Act relating to criminal charges brought against minors."
00HOUSE BILL NO. 100 01 "An Act relating to criminal charges brought against minors." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.10.010 is amended by adding new subsections to read: 04 (e) Unless ordered by the court under (h) - (k) of this section, the procedure 05 prescribed in AS 47.10.020 - 47.10.090 and the Alaska Delinquency Rules do not 06 apply when a minor is 15 years of age and older and is charged with 07 (1) the offense of murder under AS 11.41.100 - 11.41.110 or attempted 08 or solicited murder; 09 (2) an unclassified felony or a class A felony, and the minor has been 10 previously adjudicated as a delinquent in this or another jurisdiction as a result of 11 violating a criminal law that would have been a felony under the laws of this state if 12 committed by an adult; 13 (3) a felony of any degree, and the minor has been previously 14 prosecuted and convicted as an adult for a felony in this or another jurisdiction.
01 (f) If a minor is charged with an offense specified in (e) of this section, the 02 procedure prescribed in AS 47.10.020 - 47.10.090 and the Alaska Delinquency Rules 03 do not apply with regard to all charges that are properly joined to the offense described 04 in (e)(1), (2), or (3) of this section, unless otherwise ordered by the court under (h) - 05 (k) of this section. 06 (g) A minor accused of an offense specified in (e) or (f) of this section shall 07 be charged, prosecuted, and sentenced in the superior court in the same manner as an 08 adult, unless otherwise ordered by the court under (h) - (k) of this section. If a minor 09 is accused of an offense specified in (e)(2) or (3) of this section, the charging 10 document shall be accompanied by an sworn statement stating that the minor has been 11 previously convicted as an adult for a felony or has been adjudicated as a delinquent 12 for conduct that would allow charges to be brought under (e)(2) of this section. 13 (h) If a minor is charged as an adult under (e) or (f) of this section, the minor 14 may file with the court a petition seeking to have the charges heard under the 15 procedure prescribed in AS 47.10.020 - 47.10.090 and the Alaska Delinquency Rules. 16 The minor shall file a petition under this subsection within 10 days of the date that the 17 minor is charged that alleges that 18 (1) the minor is amenable to treatment under this chapter before the 19 minor's 20th birthday; or 20 (2) the allegations in a sworn statement filed under (g) of this section 21 are not true. 22 (i) At a hearing on a petition under (h)(1) of this section, the minor bears the 23 burden of proving by a preponderance of the evidence that the minor is amenable to 24 treatment under this chapter before reaching 20 years of age. In ruling on the petition, 25 the court shall consider the factors set out in AS 47.10.060(d). 26 (j) At a hearing on a petition under (h)(1) of this section, the minor may 27 introduce as evidence the testimony or the report of a qualified psychiatrist or 28 psychologist on the minor's amenability to treatment before reaching 20 years of age. 29 Notice of intent to introduce this evidence shall be given to the court by the minor at 30 least 20 days before the hearing. If the minor gives this notice and the state requests 31 that the minor be examined by another psychiatrist or psychologist, the court shall
01 order that the minor be examined by a qualified psychiatrist or psychologist selected 02 by the state. A report by a psychiatrist or psychologist that either the minor or the 03 state intends to introduce as evidence at the hearing shall be filed with the court and 04 served on the opposing party at least 48 hours before the hearing. 05 (k) At a hearing on a petition under (h)(2) of this section, the state bears the 06 burden of proving by a preponderance of the evidence that the allegations of a sworn 07 statement under (g) of this section are true. 08 (l) Nothing in this section limits the right of a party to an action under this 09 chapter to seek waiver of jurisdiction under AS 47.10.060(a). 10 * Sec. 2. AS 47.10.060 is amended by adding a new subsection to read: 11 (f) At a hearing under (a) of this section, the minor may introduce as evidence 12 the testimony or the report of a qualified psychiatrist or psychologist on the minor's 13 amenability to treatment before reaching 20 years of age. Notice of intent to introduce 14 this evidence shall be given to the court by the minor at least 20 days before the 15 hearing. If the minor gives this notice and the state requests that the minor be 16 examined by another psychiatrist or psychologist, the court shall order that the minor 17 be examined by a qualified psychiatrist or psychologist selected by the state. A report 18 by a psychiatrist or psychologist that either the minor or the state intends to introduce 19 as evidence at the hearing shall be filed with the court and served on the opposing 20 party at least 48 hours before the hearing. 21 * Sec. 3. AS 47.10.080 is amended by adding new subsections to read: 22 (o) If a minor is charged and prosecuted as an adult under AS 47.10.010(e) - 23 (g), and the most serious offense of which the minor is convicted is a misdemeanor, 24 the minor shall be treated as though the charges had been heard under this chapter, and 25 the court shall order disposition of the charges of which the minor is convicted under 26 the provisions of (b) of this section. 27 (p) If a minor is charged and prosecuted as an adult under AS 47.10.010(e) - 28 (g) and the most serious offense of which the minor is convicted is a felony with 29 which the minor could not be charged under AS 47.10.010(e) and the minor did not 30 file a petition in connection with those charges under AS 47.10.010(h)(1), the minor 31 may within 10 days of the date that the minor is convicted file a petition for
01 disposition of the charges under (b) of this section. The petition shall allege that the 02 minor is amenable to treatment under this chapter before the minor's 20th birthday. 03 A hearing on the petition shall be governed by the provisions of AS 47.10.010(i) - (j). 04 * Sec. 4. APPLICABILITY. This Act applies to offenses committed after the effective 05 date of this Act.