HCS CSSB 218(JUD): "An Act relating to the crimes of murder, manslaughter, and criminally negligent homicide; relating to homicides of children; and relating to the crime of interference with custody of a child or incompetent person."
00HOUSE CS FOR CS FOR SENATE BILL NO. 218(JUD) 01 "An Act relating to the crimes of murder, manslaughter, and criminally negligent 02 homicide; relating to homicides of children; and relating to the crime of 03 interference with custody of a child or incompetent person." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.41.100(a) is amended to read: 06 (a) A person commits the crime of murder in the first degree if 07 (1) with intent to cause the death of another person, the person 08 (A) causes the death of any person; or 09 (B) compels or induces any person to commit suicide through 10 duress or deception; [OR] 11 (2) the person knowingly engages in conduct directed toward [, 12 UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE 13 VALUE OF HUMAN LIFE, IN A PATTERN OR PRACTICE OF ASSAULT OR 14 TORTURE OF] a child under the age of 16 and the person with criminal negligence
01 [, AND ONE OF THE ACTS OF ASSAULT OR TORTURE RESULTS IN THE 02 DEATH OF THE CHILD; FOR PURPOSES OF THIS PARAGRAPH, A PERSON 03 "ENGAGES IN A PATTERN OR PRACTICE OF ASSAULT OR TORTURE" IF 04 THE PERSON] inflicts serious physical injury on the [A] child by at least two 05 separate acts, and one of the acts results in the death of the child ; or 06 (3) acting alone or with one or more persons, the person commits 07 or attempts to commit a sexual offense or kidnapping against a child under 16 08 years of age and, in the course of or in furtherance of the offense or in immediate 09 flight from that offense, any person causes the death of the child; in this 10 paragraph, "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470 . 11 * Sec. 2. AS 11.41.110(a) is amended to read: 12 (a) A person commits the crime of murder in the second degree if 13 (1) with intent to cause serious physical injury to another person or 14 knowing that the conduct is substantially certain to cause death or serious physical 15 injury to another person, the person causes the death of any person; 16 (2) the person knowingly engages in conduct that results in the death 17 of another person under circumstances manifesting an extreme indifference to the value 18 of human life; 19 (3) under circumstances not amounting to murder in the first 20 degree under AS 11.41.110(a)(3), while acting either alone or with one or more 21 persons, the person commits or attempts to commit arson in the first degree, 22 kidnapping, sexual assault in the first degree, sexual assault in the second degree, 23 sexual abuse of a minor in the first degree, sexual abuse of a minor in the second 24 degree, burglary in the first degree, escape in the first or second degree, robbery in 25 any degree, or misconduct involving a controlled substance under AS 11.71.010(a), 26 11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1) or (2) and, in the course of or 27 in furtherance of that crime [,] or in immediate flight from that crime, any person 28 causes the death of a person other than one of the participants; [OR] 29 (4) acting with a criminal street gang, the person commits or attempts 30 to commit a crime that is a felony and, in the course of or in furtherance of that crime 31 or in immediate flight from that crime, any person causes the death of a person other
01 than one of the participants ; or 02 (5) the person with criminal negligence causes the death of a child 03 under the age of 16, and the person has been previously convicted of a crime 04 involving a child under the age of 16 that was 05 (A) in violation of AS 11.41; 06 (B) in violation of a law or ordinance in another jurisdiction 07 with elements similar to a crime under AS 11.41; or 08 (C) an attempt, a solicitation, or a conspiracy to commit a 09 crime listed in (A) or (B) of this paragraph . 10 * Sec. 3. AS 11.41.130(b) is amended to read: 11 (b) Criminally negligent homicide is a class B [C] felony. 12 * Sec. 4. AS 11.41.320(a) is amended to read: 13 (a) A person commits the crime of custodial interference in the first degree if 14 the person violates AS 11.41.330 and causes the child or incompetent person 15 [VICTIM] to be 16 (1) removed from the state ; or 17 (2) kept outside the state . 18 * Sec. 5. AS 12.55.125(b) is amended to read: 19 (b) A defendant convicted of murder in the second degree, attempted murder 20 in the first degree, conspiracy to commit murder in the first degree, kidnapping, or 21 misconduct involving a controlled substance in the first degree shall be sentenced to 22 a definite term of imprisonment of at least five years but not more than 99 years. A 23 defendant convicted of murder in the second degree shall be sentenced to a 24 definite term of imprisonment of at least 20 years but not more than 99 years 25 when the defendant is convicted of the murder of a child under 16 years of age 26 and the court finds by clear and convincing evidence that the defendant (1) was 27 a legal guardian or a person occupying a position of authority in relation to the 28 child; or (2) caused the death of the child by committing a crime against a person 29 under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 30 "position of authority" have the meanings given in AS 11.41.470. 31 * Sec. 6. AS 12.55.125(c) is amended to read:
01 (c) A defendant convicted of a class A felony may be sentenced to a definite 02 term of imprisonment of not more than 20 years, and shall be sentenced to the 03 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 04 12.55.175: 05 (1) if the offense is a first felony conviction and does not involve 06 circumstances described in (2) of this subsection, five years; 07 (2) if the offense is a first felony conviction 08 (A) [,] other than for manslaughter [,] and the defendant 09 possessed a firearm, used a dangerous instrument, or caused serious physical 10 injury during the commission of the offense, or knowingly directed the conduct 11 constituting the offense at a uniformed or otherwise clearly identified peace 12 officer, fire fighter, correctional employee, emergency medical technician, 13 paramedic, ambulance attendant, or other emergency responder who was 14 engaged in the performance of official duties at the time of the offense, seven 15 years; 16 (B) for manslaughter and the conduct resulting in the 17 conviction was knowingly directed towards a child under the age of 16, 18 seven years; 19 (3) if the offense is a second felony conviction, 10 years; 20 (4) if the offense is a third felony conviction and the defendant is not 21 subject to sentencing under (l) of this section, 15 years. 22 * Sec. 7. AS 12.55.125(k) is amended to read: 23 (k) A first felony offender convicted of an offense for which a presumptive 24 term of imprisonment is not specified under this section 25 (1) may be sentenced to a term of unsuspended imprisonment that 26 exceeds the presumptive term for a second or third felony offender convicted of 27 the same crime if the offender is convicted of criminally negligent homicide and 28 the victim is a child under the age of 16; 29 (2) except as provided in (1) of this subsection, may not be sentenced 30 to a term of unsuspended imprisonment that exceeds the presumptive term for a second 31 felony offender convicted of the same crime unless the court finds by clear and
01 convincing evidence that an aggravating factor under AS 12.55.155(c) is present, or 02 that circumstances exist that would warrant a referral to the three-judge panel under 03 AS 12.55.165. 04 * Sec. 8. This Act applies to offenses committed on or after the effective date of this Act. 05 However, previous convictions refer to convictions occurring before, on, or after the effective 06 date of this Act.