HCS CSSB 19(FIN): "An Act relating to the crime of conspiracy."

00HOUSE CS FOR CS FOR SENATE BILL NO. 19(FIN) 01 "An Act relating to the crime of conspiracy." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.31 is amended by adding new sections to read: 04  Sec. 11.31.120. CONSPIRACY. (a) An offender commits the crime of 05 conspiracy if, with the intent to promote or facilitate a serious felony offense, the 06 offender agrees with one or more persons to engage in or cause the performance of 07 that activity and the offender or one of the persons does an overt act in furtherance of 08 the conspiracy. In this section, "overt act in furtherance of the conspiracy" means an 09 act of such character that it manifests a purpose on the part of the actor that the object 10 of the conspiracy be completed. 11  (b) If an offender commits the crime of conspiracy and knows that a person 12 with whom the offender conspires to commit a serious felony offense has conspired 13 or will conspire with another person or persons to commit the same serious felony 14 offense, the offender is guilty of conspiring with that other person or persons to

01 commit that crime whether or not the offender knows their identities. 02  (c) In a prosecution under this section, it is a defense that the defendant was 03 merely present at the time that two or more other persons agreed to engage in or cause 04 the performance of a serious felony offense. 05  (d) In a prosecution under this section, it is not a defense that a person with 06 whom the defendant conspires could not be guilty of the crime that is the object of the 07 conspiracy because of 08  (1) lack of criminal responsibility or other legal incapacity or 09 exemption; 10  (2) belonging to a class of persons who by definition are legally 11 incapable in an individual capacity of committing the crime that is the object of the 12 conspiracy; 13  (3) unawareness of the criminal nature of the conduct in question or of 14 the criminal purpose of the defendant; or 15  (4) any other factor precluding the culpable mental state required for 16 the commission of the crime. 17  (e) If the offense that the conspiracy is intended to promote or facilitate is 18 actually committed, a defendant may not be convicted of conspiring to commit that 19 offense with another person for whose conduct the defendant is not legally accountable 20 under AS 11.16.120(b). 21  (f) In a prosecution under this section, it is an affirmative defense that the 22 defendant, under circumstances manifesting a voluntary and complete renunciation of 23 the defendant's criminal intent, either (1) gave timely warning to law enforcement 24 authorities; or (2) otherwise made proper effort that prevented the commission of the 25 crime that was the object of the conspiracy. Renunciation by one conspirator does not 26 affect the liability of another conspirator who does not join in the renunciation. 27  (g) Notwithstanding AS 22.10.030, venue in actions in which the crime of 28 conspiracy is alleged to have been committed may not be based solely on the location 29 of overt acts done in furtherance of the conspiracy. 30  (h) Conspiracy is 31  (1) an unclassified felony if the object of the conspiracy is murder in

01 the first degree; 02  (2) a class A felony if the object of the conspiracy is a crime 03 punishable as an unclassified felony other than murder in the first degree; 04  (3) a class B felony if the object of the conspiracy is a crime 05 punishable as a class A felony; 06  (4) a class C felony if the object of the conspiracy is a crime 07 punishable as a class B felony. 08  (i) In this section, "serious felony offense" means an offense 09  (1) against the person under AS 11.41, punishable as an unclassified 10 or class A felony; or 11  (2) involving controlled substances under AS 11.71, punishable as an 12 unclassified, class A, or class B felony. 13  Sec. 11.31.125. DURATION OF CONSPIRACY FOR PURPOSES OF 14 LIMITATIONS OF ACTIONS. (a) For purposes of applying AS 12.10 governing 15 limitations of actions, in a prosecution under AS 11.31.120, the statute of limitations 16 begins to run 17  (1) when all the crimes that are serious felony offenses that are its 18 objects are completed; 19  (2) if all the crimes that are its objects are not completed, when the last 20 overt act in furtherance of the conspiracy is done by the defendant or any of the other 21 coconspirators; or 22  (3) when the defendant informs law enforcement authorities of the 23 existence of the conspiracy and of the defendant's participation in it. 24  (b) In this section, "overt act in furtherance of the conspiracy" has the meaning 25 given in AS 11.31.120. 26 * Sec. 2. AS 11.31.140(a) is amended to read: 27  (a) It is not a defense to a prosecution under AS 11.31.100 - 11.31.120 28 [AS 11.31.100 OR AS 11.31.110] that the crime the defendant attempted to commit, 29 solicited to commit, or conspired to commit [THAT IS THE OBJECT OF THE 30 ATTEMPT OR SOLICITATION] was actually committed pursuant to the attempt, 31 solicitation, or conspiracy [OR SOLICITATION].

01 * Sec. 3. AS 11.31.140(b) is amended to read: 02  (b) A person may not be convicted of more than one crime defined by 03 AS 11.31.100 - 11.31.120 [AS 11.31.100 OR AS 11.31.110] for conduct designed to 04 commit or culminate in commission of the same crime. 05 * Sec. 4. AS 11.31.140(d) is amended to read: 06  (d) This section does not bar inclusion of multiple counts in a single 07 indictment or information charging commission of a crime defined by AS 11.31.100 - 08 11.31.120 [AS 11.31.100 OR 11.31.110] and commission of the crime that is the 09 object of the attempt, conspiracy, or solicitation. 10 * Sec. 5. AS 12.55.125(b) is amended to read: 11  (b) A defendant convicted of murder in the second degree, attempted murder 12 in the first degree, conspiracy to commit murder in the first degree, kidnapping, or 13 misconduct involving a controlled substance in the first degree shall be sentenced to 14 a definite term of imprisonment of at least five years but not more than 99 years.