00HOUSE CS FOR SENATE BILL NO. 63(FIN)                                                                                  
01 "An Act providing for automatic waiver of juvenile jurisdiction and prosecution                                         
02 of minors as adults for certain violations of laws by minors who use deadly                                             
03 weapons to commit offenses that are crimes against a person, and relating to the                                        
04 sealing of the records of those minors."                                                                                
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
06    * Section 1.  AS 47.12.030(a) is amended to read:                                                                  
07  (a)  When a minor who was at least 16 years of age at the time of the offense                                         
08 is arraigned on a charge for an offense specified in this subsection, this chapter and                                  
09 the Alaska Delinquency Rules do not apply to the offense for which the minor is                                         
10 arraigned or to any additional offenses joinable to it under the applicable rules of court                              
11 governing criminal procedure.  The minor shall be charged, prosecuted, and sentenced                                    
12 in the superior court in the same manner as an adult unless the minor is convicted of                                   
13 some offense other than an offense specified in this subsection, in which event the                                     
14 minor may attempt to prove, by a preponderance of the evidence, that the minor is                                       

01 amenable to treatment under this chapter. If the court finds that the minor is amenable                                 
02 to treatment under this chapter, the minor shall be treated as though the charges had                                   
03 been heard under this chapter, and the court shall order disposition of the charges of                                  
04 which the minor is convicted under AS 47.12.120(b).  The provisions of this                                             
05 subsection apply when the minor is arraigned on a charge                                                                
06   (1)  that is an unclassified felony or a class A felony and the felony is                                            
07 a crime against a person; [OR]                                                                                          
08   (2) of arson in the first degree ; or                                                                              
09    (3)  that is a class B felony and the felony is a crime against a                                                  
10 person in which the minor is alleged to have used a deadly weapon in the                                                
11 commission of the offense and the minor was previously adjudicated as a                                                 
12 delinquent or convicted as an adult, in this or another jurisdiction, as a result of                                    
13 an offense that involved use of a deadly weapon in the commission of a crime                                            
14 against a person or an offense in another jurisdiction having elements                                                  
15 substantially identical to those of a crime against a person, and the previous                                          
16 offense was punishable as a felony; in this paragraph, "deadly weapon" has the                                          
17 meaning given in AS 11.81.900(b) .                                                                                     
18    * Sec. 2.  APPLICABILITY.  This Act applies to offenses committed on or after the                                  
19 effective date of this Act.  However, references to previous adjudications or convictions                               
20 include offenses committed on, before, or after the effective date of this Act.