SB 264: "An Act limiting the authority of courts to suspend the imposition of sentence in criminal cases."
00SENATE BILL NO. 264 01 "An Act limiting the authority of courts to suspend the imposition of sentence 02 in criminal cases." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55.085(f) is amended to read: 05 (f) The court may not suspend the imposition of sentence of a person who 06 (1) is convicted of a crime against a person or arson in the first 07 degree [VIOLATION OF AS 11.41.410 - 11.41.455]; 08 (2) uses a firearm in the commission of the offense for which the 09 person is convicted; or 10 (3) is convicted of a felony [VIOLATION OF AS 11.41.210 - 11 11.41.270 OR 11.41.510 - 11.41.530,] and the person has [, WITHIN THE 10 YEARS 12 PRECEDING THE COMMISSION OF THE OFFENSE FOR WHICH THE PERSON 13 HAS BEEN CONVICTED,] one or more prior convictions for a felony [VIOLATION 14 OF AS 11.41] or for a violation of a law in this or another jurisdiction having
01 substantially similar elements to an offense defined as a felony in this state [IN 02 AS 11.41]; for the purposes of this paragraph, a person shall be considered to have a 03 prior conviction even if that conviction has been set aside under (e) of this section or 04 under the equivalent provision of the laws of another jurisdiction. 05 * Sec. 2. AS 12.55.135(e) is amended to read: 06 (e) Except as provided in AS 12.55.055(f), if a defendant is sentenced under 07 (1) (c) or (d) [(c), (d), OR (f)] of this section, 08 (A) [(1)] execution of sentence may not be suspended and 09 probation or parole may not be granted until the minimum term of 10 imprisonment has been served; 11 (B) [(2) IMPOSITION OF A SENTENCE MAY NOT BE 12 SUSPENDED EXCEPT UPON CONDITION THAT THE DEFENDANT BE 13 IMPRISONED FOR NO LESS THAN THE MINIMUM TERM OF 14 IMPRISONMENT PROVIDED IN THE SECTION; AND 15 (3)] the minimum term of imprisonment may not otherwise be reduced; 16 and 17 (2) (f) of this section, 18 (A) execution of sentence may not be suspended and 19 probation or parole may not be granted until the minimum term of 20 imprisonment has been served; 21 (B) the minimum term of imprisonment may not otherwise 22 be reduced; and 23 (C) imposition of sentence may not be suspended except 24 upon condition that the defendant be imprisoned for no less than the 25 minimum term of imprisonment provided in the section. 26 * Sec. 3. APPLICABILITY. This Act applies to offenses committed on or after the 27 effective date of this Act. References to prior convictions refer to convictions occurring 28 before, on, or after the effective date of this Act.