00HOUSE BILL NO. 231                                                                                                      
01 "An Act relating to aggravating and mitigating factors at sentencing."                                                  
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 12.55.155(c)(18) is amended to read:                                                                
04   (18)  the offense was a crime                                                                                        
05   (A)  specified in AS 11.41 and was committed against a spouse,                                                      
06 a former spouse, or a member of the social unit comprised of those living                                               
07 together in the same dwelling as the defendant; or                                                                    
08   (B)  specified in AS 11.41.410 - 11.41.460 [AND WAS                                                                 
09 COMMITTED AGAINST A MINOR,] and the defendant has engaged in                                                           
10 conduct prohibited by a provision of AS 11.41.410 - 11.41.460 involving the                                             
11 same or another victim [DEFENDANT HAS ENGAGED IN THE SAME OR                                                           
12 SIMILAR CONDUCT INVOLVING THE SAME OR ANOTHER VICTIM                                                                    
13 WHO WAS A MINOR; OR                                                                                                     
14   (C)  SPECIFIED IN AS 11.41.410 - 11.41.425 OR 11.41.455,                                                            

01 AND THE DEFENDANT HAS PREVIOUSLY ENGAGED IN CONDUCT                                                                     
02 COVERED BY ONE OF THOSE SECTIONS INVOLVING THE SAME OR                                                                  
03 ANOTHER VICTIM];                                                                                                        
04    * Sec. 2.  AS 12.55.155(d) is amended by adding a new subsection to read:                                            
05   (18)  a prior felony conviction considered for the purpose of invoking                                               
06 the presumptive terms of this chapter was of a less serious class of offenses than the                                  
07 present offense.                                                                                                        
08    * Sec. 3.  AS 12.55.165(b) is amended to read:                                                                       
09  (b)  In making a determination under (a) of this section, the court may not refer                                     
10 a case to a three-judge panel based on the defendant's potential for rehabilitation if the                              
11 court finds the presence of [THAT] a factor in aggravation set out in                                                 
12   (1)  AS 12.55.155(c)(2), (8), (10), (12), (15), (17), [(18)(B),] (20), (21),                                       
13 or (28); or                                                                                                            
14   (2)  AS 12.55.155(c)(18)(B) and the crime was committed against a                                                    
15 minor and the defendant has engaged in the same or similar conduct involving the                                        
16 same or another victim who was a minor [IS PRESENT].