SCS CSHB 127(JUD): "An Act relating to penalties for certain offenses committed against a peace officer, fire fighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responders."
00SENATE CS FOR CS FOR HOUSE BILL NO. 127(JUD) 01 "An Act relating to penalties for certain offenses committed against a peace 02 officer, fire fighter, correctional employee, emergency medical technician, paramedic, 03 ambulance attendant, or other emergency responders." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.55.125(a) is amended to read: 06 (a) A defendant convicted of murder in the first degree shall be sentenced to 07 a definite term of imprisonment of at least 20 years but not more than 99 years. A 08 defendant convicted of murder in the first degree shall be sentenced to a mandatory 09 term of imprisonment of 99 years when 10 (1) the defendant is convicted of the murder of a uniformed or 11 otherwise clearly identified peace officer, fire fighter, or correctional employee 12 [OFFICER] who was engaged in the performance of official duties at the time of the 13 murder; 14 (2) the defendant has been previously convicted of
01 (A) murder in the first degree under AS 11.41.100 or former 02 AS 11.15.010 or 11.15.020; 03 (B) murder in the second degree under AS 11.41.110 or former 04 AS 11.15.030; or 05 (C) homicide under the laws of another jurisdiction when the 06 offense of which the defendant was convicted contains elements similar to first 07 degree murder under AS 11.41.100 or second degree murder under 08 AS 11.41.110; or 09 (3) the court finds by clear and convincing evidence that the defendant 10 subjected the murder victim to substantial physical torture. 11 * Sec. 2. AS 12.55.125(c) is amended to read: 12 (c) A defendant convicted of a class A felony may be sentenced to a definite 13 term of imprisonment of not more than 20 years, and shall be sentenced to the 14 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 15 12.55.175: 16 (1) if the offense is a first felony conviction and does not involve 17 circumstances described in (2) of this subsection, five years; 18 (2) if the offense is a first felony conviction, other than for 19 manslaughter, and the defendant possessed a firearm, used a dangerous instrument, or 20 caused serious physical injury during the commission of the offense, or knowingly 21 directed the conduct constituting the offense at a uniformed or otherwise clearly 22 identified peace officer, fire fighter, correctional employee [OFFICER], emergency 23 medical technician, paramedic, ambulance attendant, or other emergency responder 24 who was engaged in the performance of official duties at the time of the offense, seven 25 years; 26 (3) if the offense is a second felony conviction, 10 years; 27 (4) if the offense is a third felony conviction, 15 years. 28 * Sec. 3. AS 12.55.135(d) is amended to read: 29 (d) A defendant convicted of assault in the fourth degree who knowingly 30 directed the conduct constituting the offense at [UPON] a uniformed or otherwise 31 clearly identified peace officer, fire fighter, correctional employee [OFFICER],
01 emergency medical technician, paramedic, ambulance attendant, or other emergency 02 responder who was engaged in the performance of official duties at the time of the 03 assault shall be sentenced to a minimum term of imprisonment of 04 (1) 60 [30] days if the defendant violated AS 11.41.230(a)(1) or (2); 05 (2) 30 days if the defendant violated AS 11.41.230(a)(3). 06 * Sec. 4. AS 12.55.155(e) is amended to read: 07 (e) If a factor in aggravation is a necessary element of the present offense, or 08 requires the imposition of a presumptive term under AS 12.55.125(c)(2) [, (d)(3) OR 09 (e)(3)], that factor may not be used to aggravate the presumptive term. If a factor in 10 mitigation is raised at trial as a defense reducing the offense charged to a lesser 11 included offense, that factor may not be used to mitigate the presumptive term. 12 * Sec. 5. AS 12.55.185 is amended by adding a new paragraph to read: 13 (14) "peace officer" has the meaning given in AS 11.81.900. 14 * Sec. 6. AS 12.55.125(d)(3) and 12.55.125(e)(3) are repealed. 15 * Sec. 7. This Act applies to all offenses committed on or after the effective date of this 16 Act.