SB 23: "An Act amending the penalties imposable upon conviction for certain assaults."
00SENATE BILL NO. 23 01 "An Act amending the penalties imposable upon conviction for certain assaults." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41.210(b) is amended to read: 04 (b) Except as provided in (c) of this section, assault [ASSAULT] in the 05 second degree is a class B felony. 06 * Sec. 2. AS 11.41.210 is amended by adding a new subsection to read: 07 (c) A person convicted under this section is guilty of a class A felony if 08 (1) the person was previously convicted of 09 (A) an offense under this section or AS 11.41.200 or a law or 10 ordinance of this or another jurisdiction with elements similar to an offense 11 under this section or AS 11.41.200; 12 (B) an attempt or solicitation to commit an offense specified in 13 (A) of this paragraph; or 14 (C) a conspiracy to commit an offense under AS 11.41.200 or
01 a law or ordinance of this or another jurisdiction with elements similar to an 02 offense under AS 11.41.200; 03 (2) the victim of the current offense is the same as the victim of the 04 offense specified in (1) of this subsection for which the person was previously 05 convicted; and 06 (3) the victim of the offense 07 (A) is a spouse or former spouse of the person; 08 (B) lives or has lived in a spousal relationship with the person; 09 or 10 (C) is or has been in a dating, courtship, or engagement 11 relationship with the person. 12 * Sec. 3. AS 11.41.220(b) is amended to read: 13 (b) Except as provided in (d) of this section, assault [ASSAULT] in the 14 third degree is a class C felony. 15 * Sec. 4. AS 11.41.220 is amended by adding a new subsection to read: 16 (d) A person convicted under this section is guilty of a class B felony if 17 (1) the person was previously convicted of 18 (A) an offense under this section or AS 11.41.200 - 11.41.210, 19 or a law or ordinance of this or another jurisdiction with elements similar to 20 an offense under this section or AS 11.41.200 - 11.41.210; 21 (B) an attempt or solicitation to commit an offense specified in 22 (A) of this paragraph; or 23 (C) a conspiracy to commit an offense under AS 11.41.200 or 24 a law or ordinance of this or another jurisdiction with elements similar to an 25 offense under AS 11.41.200; 26 (2) the victim of the current offense is the same as the victim of the 27 offense specified in (1) of this subsection for which the person was previously 28 convicted; and 29 (3) the victim of the offense 30 (A) is a spouse or former spouse of the person; 31 (B) lives or has lived in a spousal relationship with the person;
01 or 02 (C) is or has been in a dating, courtship, or engagement 03 relationship with the person. 04 * Sec. 5. AS 11.41.230(b) is amended to read: 05 (b) Except as provided in (c) of this section, assault [ASSAULT] in the 06 fourth degree is a class A misdemeanor. 07 * Sec. 6. AS 11.41.230 is amended by adding a new subsection to read: 08 (c) A person convicted under this section is guilty of a class C felony if 09 (1) the person was previously convicted of 10 (A) an offense under this section, AS 11.41.200 - 11.41.220, 11 or 11.41.250, or a law or ordinance of this or another jurisdiction with elements 12 similar to an offense under this section, AS 11.41.200 - 11.41.220, or 13 11.41.250; 14 (B) an attempt or solicitation to commit an offense specified in 15 (A) of this paragraph; or 16 (C) a conspiracy to commit an offense under AS 11.41.200 or 17 a law or ordinance of this or another jurisdiction with elements similar to an 18 offense under AS 11.41.200; 19 (2) the victim of the current offense is the same as the victim of the 20 offense specified in (1) of this subsection for which the person was previously 21 convicted; and 22 (3) the victim of the offense 23 (A) is a spouse or former spouse of the person; 24 (B) lives or has lived in a spousal relationship with the person; 25 or 26 (C) is or has been in a dating, courtship, or engagement 27 relationship with the person. 28 * Sec. 7. AS 12.55.155(c)(18) is amended to read: 29 (18) the offense was a crime 30 (A) specified in AS 11.41, other than a crime specified in 31 AS 11.41.210(c), 11.41.220(d), or 11.41.230(c), and was committed against a
01 spouse, a former spouse, or a member of the social unit comprised of those 02 living together in the same dwelling as the defendant; 03 (B) specified in AS 11.41.410 - 11.41.460 and was committed 04 against a minor, and the defendant has engaged in the same or similar conduct 05 involving the same or another victim who was a minor; or 06 (C) specified in AS 11.41.410 - 11.41.425 or 11.41.455, and the 07 defendant has previously engaged in conduct covered by one of those sections 08 involving the same or another victim; 09 * Sec. 8. APPLICABILITY. AS 11.41.210(c), enacted by sec. 2 of this Act, 10 AS 11.41.220(d), enacted by sec. 4 of this Act, and AS 11.41.230(c), enacted by sec. 6 of this 11 Act, apply to acts committed on and after the effective date of this Act. However, references 12 to previous convictions in those subsections include convictions that may have occurred 13 before, on, or after the effective date of this Act.