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SB 209: "An Act establishing a minimum sentence of imprisonment for certain kidnappings; and amending Alaska Rule of Criminal Procedure 35(b)(3)."

00 SENATE BILL NO. 209                                                                                                     
01 "An Act establishing a minimum sentence of imprisonment for certain kidnappings;                                        
02 and amending Alaska Rule of Criminal Procedure 35(b)(3)."                                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 12.55.025(e) is amended to read:                                                                    
05  (e)  Except as provided in (g) and (h) of this section, if the defendant has been                                     
06 convicted of two or more crimes, sentences of imprisonment shall run consecutively.                                     
07 If the defendant is imprisoned upon a previous judgment of conviction for a crime, the                                  
08 judgment shall provide that the imprisonment commences at the expiration of the term                                    
09 imposed by the previous judgment.  Nothing in AS 12.55.125(a) or 12.55.125(b)(2)                                      
10 limits the court's ability to impose consecutive sentences.                                                             
11    * Sec. 2.  AS 12.55.125(b) is amended to read:                                                                       
12  (b)  A defendant convicted of                                                                                         
13   (1)  murder in the second degree, attempted murder in the first degree,                                            
14 conspiracy to commit murder in the first degree, [KIDNAPPING,] or misconduct                                            
01 involving a controlled substance in the first degree shall be sentenced to a definite term                              
02 of imprisonment of at least five years but not more than 99 years;                                                     
03   (2)  kidnapping shall be sentenced to a definite term of                                                             
04 imprisonment of at least five years but not more than 99 years; however, a                                              
05 defendant convicted of the unclassified felony of kidnapping shall be sentenced to                                      
06 a mandatory term of imprisonment of 99 years if, on the date of imposition of                                           
07 sentence, as a result of the kidnapping, the court does not know the whereabouts                                        
08 of the victim.                                                                                                         
09    * Sec. 3.  AS 12.55.125(j) is amended to read:                                                                       
10  (j)  A defendant sentenced to a mandatory term of imprisonment of 99 years                                            
11 under (a) or (b)(2) of this section may apply for a modification or reduction of                                      
12 sentence under the Alaska Rules of Criminal Procedure after serving one-half of the                                     
13 mandatory term without consideration of good time earned under AS 33.20.010.                                            
14    * Sec. 4.  AS 33.16.090(b) is amended to read:                                                                       
15  (b)  Except as provided in (e) of this section, a prisoner is not eligible for                                        
16 discretionary parole during the term of a presumptive sentence; however, a prisoner                                     
17 is eligible for discretionary parole during a term of sentence enhancement imposed                                      
18 under AS 12.55.155(a) or during the term of a consecutive or partially consecutive                                      
19 presumptive sentence imposed under AS 12.55.025(e) or (g).  A prisoner sentenced to                                     
20 a mandatory 99-year term under AS 12.55.125(a) or 12.55.125(b)(2) is not eligible for                                 
21 discretionary parole during the entire term.                                                                            
22    * Sec. 5.  The amendment of AS 12.55.125(j) made by sec. 3 of this Act has the effect of                             
23 amending Alaska Rule of Criminal Procedure 35(b)(3) by allowing a defendant who was                                     
24 sentenced to a mandatory 99-year term of imprisonment under AS 12.55.125(b)(2) to apply                                 
25 for a modification or reduction of the sentence after serving one-half of the mandatory term                            
26 without consideration of good time earned under AS 33.20.010.