SB 242: "An Act relating to sentencing for felony offenses."
00SENATE BILL NO. 242 01 "An Act relating to sentencing for felony offenses." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.55.125(c) is amended to read: 04 (c) A defendant convicted of a class A felony may be sentenced to a definite 05 term of imprisonment of not more than 20 years, and shall be sentenced to the 06 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 07 12.55.175: 08 (1) if the offense is a first felony conviction and does not involve 09 circumstances described in (2) of this subsection, five years; 10 (2) if the offense is a first felony conviction, other than for 11 manslaughter, and the defendant 12 (A) possessed a firearm during the commission of the offense, 13 eight years; 14 (B) [,] used a dangerous instrument other than a firearm [,]
01 or caused serious physical injury during the commission of the offense, or 02 knowingly directed the conduct constituting the offense at a uniformed or 03 otherwise clearly identified peace officer, fire fighter, correctional officer, 04 emergency medical technician, paramedic, ambulance attendant, or other 05 emergency responder who was engaged in the performance of official duties 06 at the time of the offense, seven years; 07 (3) if the offense is a second felony conviction and 08 (A) does not involve circumstances described in (B) of this 09 paragraph, 10 years; 10 (B) the defendant possessed a firearm during the 11 commission of the offense, 13 years; 12 (4) if the offense is a third felony conviction and 13 (A) does not involve circumstances described in (B) of this 14 paragraph, 15 years; 15 (B) the defendant possessed a firearm during the 16 commission of the offense, 18 years. 17 * Sec. 2. AS 12.55.125(d) is amended to read: 18 (d) A defendant convicted of a class B felony may be sentenced to a definite 19 term of imprisonment of not more than 10 years, and shall be sentenced to the 20 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 21 12.55.175: 22 (1) if the offense is a second felony conviction and 23 (A) does not involve circumstances described in (B) of this 24 paragraph, four years; 25 (B) the defendant possessed a firearm during the 26 commission of the offense, six years; 27 (2) if the offense is a third felony conviction and 28 (A) does not involve circumstances described in (B) of this 29 paragraph, six years; 30 (B) the defendant possessed a firearm during the 31 commission of the offense, eight years;
01 (3) if the offense is a first felony conviction, and the defendant 02 possessed a firearm during the commission of the offense or knowingly directed the 03 conduct constituting the offense at a uniformed or otherwise clearly identified peace 04 officer, fire fighter, correctional officer, emergency medical technician, paramedic, 05 ambulance attendant, or other emergency responder who was engaged in the 06 performance of official duties at the time of the offense, two years. 07 * Sec. 3. AS 12.55.125(e) is amended to read: 08 (e) A defendant convicted of a class C felony may be sentenced to a definite 09 term of imprisonment of not more than five years, and shall be sentenced to the 10 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 11 12.55.175: 12 (1) if the offense is a second felony conviction and 13 (A) does not involve circumstances described in (B) of this 14 paragraph, two years; 15 (B) the defendant possessed a firearm during the 16 commission of the offense, three years; 17 (2) if the offense is a third felony conviction and 18 (A) does not involve circumstances described in (B) of this 19 paragraph, three years; 20 (B) the defendant possessed a firearm during the 21 commission of the offense, four years; 22 (3) if the offense is a first felony conviction, and the defendant 23 possessed a firearm during the commission of the offense or knowingly directed the 24 conduct constituting the offense at a uniformed or otherwise clearly identified peace 25 officer, fire fighter, correctional officer, emergency medical technician, paramedic, 26 ambulance attendant, or other emergency responder who was engaged in the 27 performance of official duties at the time of the offense, one year; 28 (4) if the offense is a first felony conviction, and the defendant violated 29 AS 08.54.520(a)(7) - (10), one year. 30 * Sec. 4. AS 12.55.125(g) is amended to read: 31 (g) If a defendant is sentenced under (c), (d)(1) - (3), (e)(1)- (4) [(d)(1), (d)(2),
01 (e)(1), (e)(2)], or (i) of this section, except to the extent permitted under AS 12.55.155 02 - 12.55.175, 03 (1) imprisonment may not be suspended under AS 12.55.080; 04 (2) imposition of sentence may not be suspended under AS 12.55.085; 05 (3) terms of imprisonment may not be otherwise reduced. 06 * Sec. 5. AS 12.55.125(i) is amended to read: 07 (i) A defendant convicted of sexual assault in the first degree or sexual abuse 08 of a minor in the first degree may be sentenced to a definite term of imprisonment of 09 not more than 30 years, and shall be sentenced to the following presumptive terms, 10 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 11 (1) if the offense is a first felony conviction and does not involve 12 circumstances described in (2) of this subsection, eight years; 13 (2) if the offense is a first felony conviction, and the defendant 14 possessed a firearm, used a dangerous instrument, or caused serious physical injury 15 during the commission of the offense, 11 [10] years; 16 (3) if the offense is a second felony conviction and 17 (A) does not involve circumstances described in (B) of this 18 paragraph, 15 years; 19 (B) the defendant possessed a firearm during the 20 commission of the offense, 18 years; 21 (4) if the offense is a third felony conviction and 22 (A) does not involve circumstances described in (B) of this 23 paragraph, 25 years; 24 (B) the defendant possessed a firearm during the 25 commission of the offense, 28 years. 26 * Sec. 6. AS 12.55.155(a) is amended to read: 27 (a) If a defendant is convicted of an offense and is subject to sentencing under 28 AS 12.55.125(c), (d)(1) - (3), (e)(1) - (4) [(d)(1), (d)(2), (e)(1), (e)(2)], or (i) and 29 (1) the presumptive term is four years or less, the court may decrease 30 the presumptive term by an amount as great as the presumptive term for factors in 31 mitigation or may increase the presumptive term up to the maximum term of
01 imprisonment for factors in aggravation; 02 (2) the presumptive term of imprisonment is more than four years, the 03 court may decrease the presumptive term by an amount as great as 50 percent of the 04 presumptive term for factors in mitigation or may increase the presumptive term up 05 to the maximum term of imprisonment for factors in aggravation. 06 * Sec. 7. 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), (c)(3)(B), 09 (c)(4)(B), (d)(1)(B), (d)(2)(B), (d)(3), (e)(1)(B), (e)(2)(B), or (e)(3) [(d)(3) or (e)(3)], 10 that factor may not be used to aggravate the presumptive term. If a factor in 11 mitigation is raised at trial as a defense reducing the offense charged to a lesser 12 included offense, that factor may not be used to mitigate the presumptive term. 13 * Sec. 8. This Act applies to all offenses committed on or after the effective date of this 14 Act. References to prior or previous convictions in this Act apply to all convictions occurring 15 before, on, or after the effective date of this Act.