HB 245: "An Act relating to minimum sentences for assault in the fourth degree that is a crime involving domestic violence; providing that a prisoner may not contact the victim of the offense when provided access to a telephone or otherwise immediately after an arrest; and amending Rule 5(b), Alaska Rules of Criminal Procedure."
00HOUSE BILL NO. 245 01 "An Act relating to minimum sentences for assault in the fourth degree that is 02 a crime involving domestic violence; providing that a prisoner may not contact 03 the victim of the offense when provided access to a telephone or otherwise 04 immediately after an arrest; and amending Rule 5(b), Alaska Rules of Criminal 05 Procedure." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 12.25.150(b) is amended to read: 08 (b) Immediately after an arrest, a prisoner shall have the right to telephone or 09 otherwise communicate with the prisoner's attorney and any relative or friend, except 10 that the prisoner may not communicate with the alleged victim of the crime that 11 was the basis of the prisoner's arrest. Any [AND ANY] attorney at law entitled to 12 practice in the courts of Alaska shall, at the request of the prisoner or any relative or 13 friend [FRIENDS] of the prisoner, have the right to immediately visit the person 14 arrested.
01 * Sec. 2. AS 12.55.135(c) is amended to read: 02 (c) A defendant convicted of assault in the fourth degree committed in violation 03 of the provisions of an order issued or filed under AS 18.66.100 - 18.66.180 and not 04 subject to sentencing under (g) of this section [OR ISSUED UNDER FORMER 05 AS 25.35.010 OR 25.35.020] shall be sentenced to a minimum term of imprisonment 06 of 20 days. 07 * Sec. 3. AS 12.55.135 is amended by adding new subsections to read: 08 (g) A defendant convicted of assault in the fourth degree that is a crime 09 involving domestic violence shall be sentenced to a minimum term of imprisonment 10 of 11 (1) 30 days if the defendant has been previously convicted of a crime 12 against a person; 13 (2) 60 days if the defendant has been previously convicted two or more 14 times of a crime against a person. 15 (h) If a defendant is sentenced under (g) of this section, 16 (1) execution of sentence may not be suspended and probation or parole 17 may not be granted until the minimum term of imprisonment has been served; 18 (2) imposition of sentence may not be suspended; 19 (3) the minimum term of imprisonment may not otherwise be reduced. 20 (i) In this section, 21 (1) "crime against a person" means a crime under AS 11.41, or a crime 22 in this or another jurisdiction having elements similar to those of a crime under 23 AS 11.41; 24 (2) "crime involving domestic violence" has the meaning given in 25 AS 18.66.990. 26 * Sec. 4. Rule 5(b), Alaska Rules of Criminal Procedure, is amended to read: 27 (b) Rights of Prisoner to Communicate With Attorney or Other Person. 28 Immediately after arrest, the prisoner shall have the right forthwith to telephone or 29 otherwise to communicate with both an attorney and any relative or friend, except that 30 the prisoner may not communicate with the alleged victim of the crime that was 31 the basis of the prisoner's arrest. Any attorney at law entitled to practice in the
01 courts of Alaska, at the request of either the prisoner or any relative or friend of the 02 prisoner, shall have the right forthwith to visit the prisoner in private. 03 * Sec. 5. AS 12.55.150(b), as amended by sec. 1 of this Act, amends Rule 5(b), Alaska 04 Rules of Criminal Procedure, by limiting the people with whom a prisoner may communicate 05 immediately after arrest. 06 * Sec. 6. AS 12.55.150(b), as amended by sec. 1 of this Act, and sec. 4 of this Act take 07 effect only if secs. 4 and 5 of this Act receive the two-thirds majority vote of each house 08 required by art. IV, sec. 15, Constitution of the State of Alaska. 09 * Sec. 7. References to previous convictions in this Act apply to all convictions occurring 10 before, on, or after the effective date of this Act.