HB 47: "An Act relating to the crime of unlawful evasion."
00HOUSE BILL NO. 47 01 "An Act relating to the crime of unlawful evasion." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.56.310(a) is amended to read: 04 (a) One commits the crime of escape in the second degree if, without lawful 05 authority, one 06 (1) removes oneself from 07 (A) a correctional facility while under official detention; 08 (B) official detention for a felony or for extradition; or 09 (C) official detention and during the escape, or at any time 10 before being restored to official detention, one possesses on or about oneself 11 a firearm; or 12 (2) violates AS 11.56.340 [OR 11.56.350] and during the time of the 13 unlawful evasion, or at any time before being restored to official detention, one 14 possesses on or about oneself a firearm.
01 * Sec. 2. AS 11.56.320(a) is amended to read: 02 (a) One commits the crime of escape in the third degree if one 03 (1) removes oneself from official detention during any lawful 04 movement or activity incident to confinement within a correctional facility for a 05 misdemeanor; or 06 (2) violates AS 11.56.340 [OR 11.56.350] and leaves or attempts to 07 leave the state. 08 * Sec. 3. AS 11.56.340 is amended to read: 09 Sec. 11.56.340. UNLAWFUL EVASION [IN THE FIRST DEGREE]. (a) A 10 person commits the crime of unlawful evasion [IN THE FIRST DEGREE] if, while 11 charged with or convicted of a felony or a misdemeanor, 12 (1) the person fails to return to official detention within the time 13 authorized following temporary leave granted for a specific purpose or limited period, 14 including leave granted under AS 33.30.181; or 15 (2) while on furlough under AS 33.30.101 - 33.30.131 the person fails 16 to return to the place of confinement or residence within the time authorized by those 17 having direct supervision. 18 (b) Unlawful evasion [IN THE FIRST DEGREE] is a class A misdemeanor. 19 * Sec. 4. AS 18.65.705(4) is amended to read: 20 (4) has not been convicted, within the five years immediately preceding 21 the application, of, and is not currently charged under a complaint, information, 22 indictment, or presentment with, any of the following misdemeanor offenses or similar 23 laws of another jurisdiction: 24 (A) AS 11.41.230, 11.41.250, 11.41.270; 25 (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484; 26 (C) AS 11.51.130; 27 (D) AS 11.56.330, former AS 11.56.350 [11.56.350], 28 11.56.380, 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 29 11.56.800, 11.56.805; 30 (E) AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240; 31 or
01 (F) AS 11.71.050, 11.71.060; 02 * Sec. 5. AS 33.30.141(b) is amended to read: 03 (b) The failure of a prisoner on a furlough to return to the place of 04 confinement or residence within the time specified by those having direct supervision 05 over the prisoner in an unlawful evasion under AS 11.56.340 [AS 11.56.340 - 06 11.56.350] . 07 * Sec. 6. AS 11.56.350 is repealed.