CSHB 245(JUD): "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."
00CS FOR HOUSE BILL NO. 245(JUD) 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 12.25.150 is amended by adding a new subsection to read: 02 (e) A person is guilty of a class B misdemeanor if the person is a prisoner and, 03 in exercising a right granted under (b) of this section, communicates or attempts to 04 communicate with the alleged victim of the crime that was the basis of the prisoner's 05 arrest. 06 * Sec. 3. AS 12.55.135(c) is amended to read: 07 (c) A defendant convicted of assault in the fourth degree committed in violation 08 of the provisions of an order issued or filed under AS 12.30.025, 12.30.027, or 09 AS 18.66.100 - 18.66.180 and not subject to sentencing under (g) of this section 10 [OR ISSUED UNDER FORMER AS 25.35.010 OR 25.35.020] shall be sentenced to 11 a minimum term of imprisonment of 20 days. 12 * Sec. 4. AS 12.55.135 is amended by adding new subsections to read: 13 (g) A defendant convicted of assault in the fourth degree that is a crime 14 involving domestic violence shall be sentenced to a minimum term of imprisonment 15 of 16 (1) 30 days if the defendant has been previously convicted of a crime 17 against a person or a crime involving domestic violence; 18 (2) 60 days if the defendant has been previously convicted two or more 19 times of a crime against a person or a crime involving domestic violence, or a 20 combination of those crimes. 21 (h) If a defendant is sentenced under (g) of this section, 22 (1) execution of sentence may not be suspended and probation or parole 23 may not be granted until the minimum term of imprisonment has been served; 24 (2) imposition of sentence may not be suspended; 25 (3) the minimum term of imprisonment may not otherwise be reduced. 26 (i) In this section, 27 (1) "crime against a person" means a crime under AS 11.41, or a crime 28 in this or another jurisdiction having elements similar to those of a crime under 29 AS 11.41; 30 (2) "crime involving domestic violence" has the meaning given in 31 AS 18.66.990.
01 * Sec. 5. AS 12.55.145(a) is amended to read: 02 (a) For purposes of considering prior convictions in imposing sentence under 03 (1) AS 12.55.125(c), (d)(1), (d)(2), (e)(1), (e)(2), or (i), 04 (A) a prior conviction may not be considered if a period of 10 05 or more years has elapsed between the date of the defendant's unconditional 06 discharge on the immediately preceding offense and commission of the present 07 offense unless the prior conviction was for an unclassified or class A felony; 08 (B) a conviction in this or another jurisdiction of an offense 09 having elements similar to those of a felony defined as such under Alaska law 10 at the time the offense was committed is considered a prior felony conviction; 11 (C) two or more convictions arising out of a single, continuous 12 criminal episode during which there was no substantial change in the nature of 13 the criminal objective are considered a single conviction unless the defendant 14 was sentenced to consecutive sentences for the crimes; offenses committed 15 while attempting to escape or avoid detection or apprehension after the 16 commission of another offense are not part of the same criminal episode or 17 objective; 18 (2) AS 12.55.125(l), 19 (A) a conviction in this or another jurisdiction of an offense 20 having elements similar to those of a most serious felony is considered a prior 21 most serious felony conviction; 22 (B) commission of and conviction for offenses relied on as prior 23 most serious felony offenses must occur in the following order: conviction for 24 the first offense must occur before commission of the second offense, and 25 conviction for the second offense must occur before commission of the offense 26 for which the defendant is being sentenced; 27 (3) AS 12.55.135(g), 28 (A) a prior conviction may not be considered if a period of 29 five or more years has elapsed between the date of the defendant's 30 unconditional discharge on the immediately preceding offense and 31 commission of the present offense unless the prior conviction was for an
01 unclassified or class A felony; 02 (B) a conviction in this or another jurisdiction of an offense 03 having elements similar to those of a crime against a person or a crime 04 involving domestic violence is considered a prior conviction; 05 (C) two or more convictions arising out of a single, 06 continuous criminal episode during which there was no substantial change 07 in the nature of the criminal objective are considered a single conviction 08 unless the defendant was sentenced to consecutive sentences for the crimes; 09 offenses committed while attempting to escape or avoid detection or 10 apprehension after the commission of another offense are not part of the 11 same criminal episode or objective. 12 * Sec. 6. AS 12.55.145(c) is amended to read:. 13 (c) The defendant shall file with the court and serve on the prosecuting 14 attorney notice of denial, consisting of a concise statement of the grounds relied upon 15 and that may be supported by affidavit or other documentary evidence, no later than 16 10 days before the date set for the imposition of sentence if the defendant 17 (1) denies 18 (A) the authenticity of a prior judgment of conviction; 19 (B) that the defendant is the person named in the judgment; 20 (C) that the elements of a prior offense committed in this or 21 another jurisdiction are similar to those of a 22 (i) felony defined as such under Alaska law; 23 (ii) most serious felony, defined as such under Alaska 24 law; 25 (iii) crime against a person or a crime involving 26 domestic violence; 27 (D) that a prior conviction occurred within the period specified 28 in (a)(1)(A) or (3)(A) of this section; or 29 (E) that a previous conviction occurred in the order required 30 under (a)(2)(B) of this section; or 31 (2) alleges that two or more purportedly separate prior convictions
01 should be considered a single conviction under (a)(1)(C) or (3)(C) of this section. 02 * Sec. 7. AS 12.55.145(d) is amended to read: 03 (d) Matters alleged in a notice of denial shall be heard by the court sitting 04 without a jury. If the defendant introduces substantial evidence that the defendant is 05 not the person named in a prior judgment of conviction, that the judgment is not 06 authentic, that the conviction did not occur within the period specified in (a)(1)(A) or 07 (3)(A) of this section, that a conviction should not be considered a prior felony 08 conviction under (a)(1)(B) of this section, [OR] a prior most serious felony conviction 09 under (a)(2)(A) of this section, or a prior crime against a person or a crime 10 involving domestic violence conviction under (a)(3)(B) of this section, or that a 11 previous conviction did not occur in the order required under (a)(2)(B) of this section, 12 then the burden is on the state to prove the contrary beyond a reasonable doubt. The 13 burden of proof that two or more convictions should be considered a single conviction 14 under (a)(1)(C) or (3)(C) of this section is on the defendant by clear and convincing 15 evidence. 16 * Sec. 8. AS 12.55.145 is amended by adding a new subsection to read: 17 (g) In this section, 18 (1) "crime against a person" has the meaning given in AS 12.55.135(i); 19 (2) "crime involving domestic violence" has the meaning given in 20 AS 18.66.990. 21 * Sec. 9. Rule 5(b), Alaska Rules of Criminal Procedure, is amended to read: 22 (b) Rights of Prisoner to Communicate With Attorney or Other Person. 23 Immediately after arrest, the prisoner shall have the right forthwith to telephone or 24 otherwise to communicate with both an attorney and any relative or friend, except that 25 the prisoner may not communicate with the alleged victim of the crime that was 26 the basis of the prisoner's arrest. Any attorney at law entitled to practice in the 27 courts of Alaska, at the request of either the prisoner or any relative or friend of the 28 prisoner, shall have the right forthwith to visit the prisoner in private. 29 * Sec. 10. AS 12.55.150(b), as amended by sec. 1 of this Act, amends Rule 5(b), Alaska 30 Rules of Criminal Procedure, by limiting the people with whom a prisoner may communicate 31 immediately after arrest.
01 * Sec. 11. AS 12.55.150(b), as amended by sec. 1 of this Act, and sec. 9 of this Act take 02 effect only if secs. 9 and 10 of this Act receive the two-thirds majority vote of each house 03 required by art. IV, sec. 15, Constitution of the State of Alaska. 04 * Sec. 12. References to previous convictions in this Act apply to all convictions occurring 05 before, on, or after the effective date of this Act.