SB 220: "An Act relating to the crimes of criminal mischief committed by joyriding; relating to penalties and sentencing for those offenses; and amending Alaska Rule of Criminal Procedure 32.1."
00SENATE BILL NO. 220 01 "An Act relating to the crimes of criminal mischief committed by joyriding; 02 relating to penalties and sentencing for those offenses; and amending Alaska Rule 03 of Criminal Procedure 32.1." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.46.484(c) is amended to read: 06 (c) A person convicted under (a)(2) of this section is guilty of a class C felony 07 if the person is 18 years of age or older and, within the preceding seven years, the 08 person was previously convicted under 09 (1) the provisions of (a)(2) of this section; 10 (2) former AS 28.35.010; 11 (3) the provisions of AS 11.46.482(a)(4) or (5); 12 (4) an offense involving the theft of a propelled vehicle under 13 AS 11.46.120 - 11.46.140; or 14 (5) a law or ordinance of this or another jurisdiction with elements
01 substantially similar to those of the offenses described in (1) - (4) of this subsection. 02 * Sec. 2. AS 11.46.486(a) is amended to read: 03 (a) A person commits the crime of criminal mischief in the fourth degree if, 04 having no right to do so or any reasonable ground to believe the person has such a 05 right, 06 (1) with reckless disregard for the risk of harm to or loss of the 07 property or with intent to cause substantial inconvenience to another, the person 08 tampers with property of another; 09 (2) with intent to damage property of another, the person damages 10 property of another in an amount less than $50; or 11 (3) the person rides in a propelled vehicle knowing it has been stolen 12 or that it is being used in violation of AS 11.46.482(a)(4) or (5) or 11.46.484(a)(2). 13 * Sec. 3. AS 12.55.135(f) is amended to read: 14 (f) A defendant convicted of criminal mischief in the third degree in violation 15 of AS 11.46.484(a)(2), whose conviction is not a felony under AS 11.46.484(c), shall 16 be sentenced to a definite term of imprisonment of at least 17 (1) 72 hours, but not more than one year, if the defendant is not 18 subject to sentencing under (2) of this subsection; 19 (2) 10 days, but not more than one year, if the defendant has been 20 previously convicted under, or adjudicated a delinquent for a violation of, 21 (A) AS 11.46.482(a)(4) or (5) or 11.46.484(a)(2); 22 (B) former AS 28.35.010; 23 (C) an offense involving the theft of a propelled vehicle 24 under AS 11.46.120 - 11.46.140; or 25 (D) a law or ordinance of this or another jurisdiction with 26 elements similar to those of the offenses described in (A) - (C) of this 27 paragraph. 28 * Sec. 4. AS 28.15.181(a) is amended to read: 29 (a) Conviction of any of the following offenses is grounds for the immediate 30 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 31 (1) manslaughter or negligent homicide resulting from driving a motor
01 vehicle; 02 (2) a felony in the commission of which a motor vehicle is used; 03 (3) failure to stop and give aid as required by law when a motor vehicle 04 accident results in the death or personal injury of another; 05 (4) perjury or making a false affidavit or statement under oath to the 06 department under a law relating to motor vehicles; 07 (5) operating a motor vehicle or aircraft while intoxicated; 08 (6) reckless driving; 09 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 10 officer; 11 (8) refusal to submit to a chemical test authorized under AS 28.33.031(a) 12 or AS 28.35.031(a) while under arrest for operating a motor vehicle, commercial motor 13 vehicle, or aircraft while intoxicated, or authorized under AS 28.35.031(g); 14 (9) driving while license, privilege to drive, or privilege to obtain a 15 license, canceled, suspended, or revoked, or in violation of a limitation; 16 (10) criminal mischief in the second degree in violation of 17 AS 11.46.482(a)(4) or (5) or criminal mischief in the third degree in violation of 18 AS 11.46.484(a)(2). 19 * Sec. 5. AS 28.15.181(b) is amended to read: 20 (b) A court convicting a person of an offense described in (a)(1) - (4), (6), [OR] 21 (7), or (10) of this section shall revoke that person's driver's license, privilege to drive, 22 or privilege to obtain a license for not less than 30 days for the first conviction, unless 23 the court determines that the person's ability to earn a livelihood would be severely 24 impaired and a limitation under AS 28.15.201 can be placed on the license that will 25 enable the person to earn a livelihood without excessive danger to the public. If a court 26 limits a person's license under this subsection, it shall do so for not less than 60 days. 27 Upon a subsequent conviction of a person for any offense described in (a)(1) - (4), (6), 28 [OR] (7), or (10) of this section occurring within 10 years after a prior conviction, the 29 court shall revoke the person's license, privilege to drive, or privilege to obtain a license 30 and may not grant the person limited license privileges for the following periods: 31 (1) not less than one year for the second conviction; and
01 (2) not less than three years for a third or subsequent conviction. 02 * Sec. 6. AS 47.10.010(b) is amended to read: 03 (b) When a minor is accused of violating a statute specified in this subsection, 04 other than a statute the violation of which is a felony, AS 47.10.020 - 47.10.090 and the 05 Alaska Delinquency Rules do not apply and the minor accused of the offense shall be 06 charged, prosecuted, and sentenced in the district court in the same manner as an adult. 07 If a minor is charged, prosecuted, and sentenced for an offense under this subsection, the 08 minor's parent, guardian, or legal custodian shall be present at all proceedings. The 09 provisions of this subsection apply when a minor is accused of violating 10 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 11 a municipality; 12 (2) AS 11.76.105, relating to the possession of tobacco by a person under 13 19 years of age; 14 (3) a fish and game statute or regulation under AS 16; 15 (4) a parks and recreational facilities statute or regulation under 16 AS 41.21; [AND] 17 (5) AS 04.16.050, relating to possession or consumption; and 18 (6) AS 11.46.484(a)(2), relating to the driving, towing away, or taking 19 of the propelled vehicle of another. 20 * Sec. 7. Rule 32.1(a), Alaska Rules of Criminal Procedure, is amended to read: 21 (a) SCHEDULING. At the time guilt in a felony case is established by verdict 22 or plea, the judge shall establish the date for a sentencing hearing and a presentencing 23 hearing, if appropriate, and, except as provided in paragraph (f) of this rule, shall 24 order a presentence investigation by the Department of Corrections. If the judge elects 25 to schedule a single hearing, all of the procedures for the presentencing and sentencing 26 hearings shall be applicable at the single hearing. 27 * Sec. 8. Rule 32.1, Alaska Rules of Criminal Procedure, is amended by adding a new 28 subsection to read: 29 (f) A presentence investigation by the Department of Corrections is not 30 required for a defendant convicted of criminal mischief in the second degree in 31 violation of AS 11.46.482(a)(4) or (5) and criminal mischief in the third degree in
01 violation of AS 11.46.484(a)(2) when that violation is a felony under AS 11.46.484(c). 02 * Sec. 9. APPLICABILITY. References in this Act to prior or previous convictions apply 03 to convictions occurring before, on, or after the effective date of this Act.