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SSSB 125: "An Act increasing fines and imposing, and relating to, surcharges for certain criminal offenses."

00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 125                                                                              
01 "An Act increasing fines and imposing, and relating to, surcharges for certain                                          
02 criminal offenses."                                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 12.55.035(b) is amended to read:                                                                    
05  (b)  Except as provided in AS 12.55.036, upon conviction of an offense, a                                             
06 defendant who is not an organization may be sentenced to pay, unless otherwise                                          
07 specified in the provision of law defining the offense, a fine of no more than                                          
08   (1)  $500,000 [$75,000] for murder in the first or second degree,                                                  
09 attempted murder in the first degree, sexual assault in the first degree, sexual abuse of                               
10 a minor in the first degree, kidnapping, or misconduct involving a controlled substance                                 
11 in the first degree;                                                                                                    
12   (2)  $250,000 [$50,000] for a class A felony, $100,000 for a class [,]                                           
13 B felony, or $50,000 for a class C felony;                                                                          
14   (3)  $5,000 for a class A misdemeanor;                                                                               
01   (4)  $1,000 for a class B misdemeanor;                                                                               
02   (5)  $300 for a violation.                                                                                           
03    * Sec. 2.  AS 12.55.035(c) is amended to read:                                                                       
04  (c)  Except as provided in AS 12.55.036, upon conviction of an offense, a                                             
05 defendant that is an organization may be sentenced to pay a fine not exceeding the                                      
06 greater of                                                                                                              
07   (1)  an amount that is                                                                                               
08   (A)  $1,000,000 [$500,000] for a felony offense or for a                                                          
09 misdemeanor offense that results in death;                                                                              
10   (B)  $200,000 for a class A misdemeanor offense that does not                                                       
11 result in death;                                                                                                        
12   (C)  $25,000 for a class B misdemeanor offense that does not                                                        
13 result in death;                                                                                                        
14   (D)  $10,000 for a violation;                                                                                       
15   (2)  three [TWO] times the pecuniary gain realized by the defendant as                                             
16 a result of the offense; or                                                                                             
17   (3)  three [TWO] times the pecuniary damage or loss caused by the                                                  
18 defendant to another, or to the property of another, as a result of the offense.                                        
19    * Sec. 3.  AS 12.55.039(a) is amended to read:                                                                       
20  (a)  In addition to any fine or other penalty or surcharge or other cost                                            
21 prescribed by law, a defendant who pleads guilty or nolo contendere to, forfeits bail                                   
22 for, or is convicted of a violation of a vehicle or traffic offense under AS 28, a                                      
23 regulation adopted under AS 28, or a municipal ordinance under AS 28.01.010 shall                                       
24 be assessed a law enforcement training surcharge of                                                                   
25   (1)  $10 if the violation is for other than a violation of AS 28.15.291,                                             
26 AS 28.33.030, 28.33.031, AS 28.35.030, 28.35.032, 28.35.040, 28.35.060, or a                                            
27 comparable municipal ordinance; or                                                                                      
28   (2)  $25 if the violation is a violation of AS 28.15.291, AS 28.33.030,                                              
29 28.33.031, AS 28.35.030, 28.35.032, 28.35.040, 28.35.060, or a comparable municipal                                     
30 ordinance.                                                                                                              
31    * Sec. 4.  AS 12.55 is amended by adding a new section to read:                                                      
01  Sec. 12.55.041.  CRIME VICTIMS' SURCHARGE FOR FELONY AND                                                              
02 MISDEMEANOR CONVICTIONS.  (a)  In addition to a fine or other penalty                                                   
03 or a surcharge or other cost prescribed by law, a defendant who pleads guilty or                                        
04 nolo contendere to, forfeits bail for, or is convicted of a felony or misdemeanor                                       
05 under the laws of this state shall be assessed a crime victims' surcharge of                                            
06   (1)  $50 if the matter is a misdemeanor;                                                                             
07   (2)  $100 if the matter is a felony other than a felony listed in (3)                                                
08 of this subsection; and                                                                                                 
09   (3)  $200 if the matter is a felony under AS 11.41 or is arson in the                                                
10 first degree under AS 11.46.400.                                                                                        
11  (b)  A court may not fail to impose the surcharge required under this                                                 
12 section.  The surcharge may not be waived, deferred, or suspended.  A court may                                         
13 allow a defendant, who is unable to pay the surcharge required to be imposed                                            
14 under this section, to perform community work under AS 12.55.055(c) in lieu of                                          
15 the surcharge.                                                                                                          
16  (c)  The surcharge shall be paid within 10 days of imposition or such                                                 
17 shorter period of time as ordered by the court.  Failure to pay the surcharge is                                        
18 punishable as contempt of court.  Proceedings to collect the surcharge may be                                           
19 instituted by the state or by the court on its own motion.                                                              
20  (d)  Money collected under this section shall be deposited into the general                                           
21 fund and accounted for under AS 37.05.142.  The legislature may appropriate the                                         
22 annual estimated balance in the account maintained under this section to the crime                                      
23 victim compensation fund under AS 18.67.162, for the operation of the Violent Crimes                                    
24 Compensation Board, or for another public purpose.  Nothing in this subsection creates                                  
25 a dedicated fund.                                                                                                       
26    * Sec. 5.  APPLICABILITY.  The amendments made by this Act apply to offenses                                         
27 committed on or after the effective date of this Act.