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

00 HOUSE 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.