SB 301: "An Act relating to sentences for misdemeanors."
00SENATE BILL NO. 301 01 "An Act relating to sentences for misdemeanors." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.55.025(i) is amended to read: 04 (i) Except as provided by AS 12.55.125(a)(3), 12.55.125(k), 12.55.133(e), 05 12.55.145(d), 12.55.155(f), and 12.55.165, the preponderance of the evidence standard 06 of proof applies to sentencing proceedings. 07 * Sec. 2. AS 12.55 is amended by adding a new section to read: 08 Sec. 12.55.133. Sentences for certain habitual violent misdemeanor 09 offenders. (a) If a defendant is convicted of a violent misdemeanor and has been 10 previously convicted of a violent misdemeanor two or more times within the 10 years 11 preceding the date of the present offense, the defendant may not be sentenced as a 12 misdemeanant under AS 12.55.035 and 12.55.135 but shall be sentenced as if 13 convicted of a class C felony and shall be punished as provided in this chapter, except 14 that the procedure for determining prior convictions shall be as provided in this
01 section, and AS 12.55.145 does not apply. If a minimum term of imprisonment is 02 imposed under AS 12.55.135 for the misdemeanor for which the defendant is convicted 03 that makes the defendant subject to sentencing for a class C felony, that minimum term 04 of imprisonment may not be suspended by the court when imposing sentence under 05 this section. 06 (b) For the purpose of considering prior convictions in determining if a 07 defendant is subject to sentencing under this section, two or more convictions arising 08 out of a single, continuous criminal episode during which there was no substantial 09 change in the nature of the criminal objective are considered a single conviction unless 10 the defendant was sentenced to consecutive sentences for the crimes; offenses 11 committed while attempting to escape or avoid detection or apprehension after the 12 commission of another offense are not part of the same criminal episode or objective. 13 (c) Prior convictions not expressly admitted by the defendant must be proved 14 by authenticated copies of court records served on the defendant or the defendant's 15 counsel at least 20 days before the date set for imposition of sentence. The 16 authenticated judgments of courts of record of the United States, the District of 17 Columbia, or of any state, territory, or political subdivision of the United States are 18 prima facie evidence of conviction. 19 (d) The defendant shall file with the court and serve on the prosecuting 20 attorney notice of denial, consisting of a concise statement of the grounds relied on 21 and that may be supported by affidavit or other documentary evidence, no later than 22 10 days before the date set for the imposition of sentence if the defendant 23 (1) denies 24 (A) the authenticity of a prior judgment of conviction; 25 (B) that the defendant is the person named in the judgment; 26 (C) that the elements of a prior offense committed in this or 27 another jurisdiction are similar to those of a violent misdemeanor defined as 28 such under Alaska law; or 29 (D) that a prior conviction occurred within the period specified 30 in (a) of this section; or 31 (2) alleges that two or more purportedly separate prior convictions
01 should be considered a single conviction under (b) of this section. 02 (e) Matters alleged in a notice of denial shall be heard by the court sitting 03 without a jury. If the defendant introduces substantial evidence that the judgment is 04 not authentic, that the defendant is not the person named in a prior judgment of 05 conviction, that a conviction should not be considered a prior violent misdemeanor 06 conviction, or that a prior conviction did not occur within the period specified in (a) 07 of this section, then the burden is on the state to prove the contrary beyond a 08 reasonable doubt. The burden of proof that two or more convictions should be 09 considered a single conviction under (b) of this section is on the defendant by clear 10 and convincing evidence. 11 (f) Under this section, a prior conviction has occurred when a defendant has 12 entered a plea of guilty, guilty but mentally ill, or nolo contendere, or when a verdict 13 of guilty or guilty but mentally ill has been returned by a jury or by the court. 14 (g) In this section, "violent misdemeanor" means any of the following offenses 15 or an offense of another jurisdiction having elements similar to any of the following 16 offenses: 17 (1) assault in the fourth degree; 18 (2) reckless endangerment; 19 (3) stalking in the second degree; 20 (4) sexual abuse of a minor in the fourth degree; 21 (5) resisting arrest; 22 (6) violating a protective order; 23 (7) misconduct involving weapons in the fourth degree; 24 (8) misconduct involving weapons in the fifth degree. 25 * Sec. 3. AS 12.55.135(a) is amended to read: 26 (a) Except as provided in AS 12.55.133, a [A] defendant convicted of a class 27 A misdemeanor may be sentenced to a definite term of imprisonment of not more than 28 one year. 29 * Sec. 4. AS 12.55.135(b) is amended to read: 30 (b) Except as provided in AS 12.55.133, a [A] defendant convicted of a class 31 B misdemeanor may be sentenced to a definite term of imprisonment of not more than
01 90 days unless otherwise specified in the provision of law defining the offense. 02 * Sec. 5. AS 12.55.135(c) is amended to read: 03 (c) Except as provided in AS 12.55.133, a [A] defendant convicted of assault 04 in the fourth degree committed in violation of the provisions of an order issued or filed 05 under AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010 or 25.35.020 06 shall be sentenced to a minimum term of imprisonment of 20 days. 07 * Sec. 6. AS 12.55.135(d) is amended to read: 08 (d) Except as provided in AS 12.55.133, a [A] defendant convicted of assault 09 in the fourth degree who knowingly directed the conduct constituting the offense at a 10 uniformed or otherwise clearly identified peace officer, fire fighter, correctional 11 employee, emergency medical technician, paramedic, ambulance attendant, or other 12 emergency responder who was engaged in the performance of official duties at the 13 time of the assault shall be sentenced to a minimum term of imprisonment of 14 (1) 60 days if the defendant violated AS 11.41.230(a)(1) or (2); 15 (2) 30 days if the defendant violated AS 11.41.230(a)(3). 16 * Sec. 7. APPLICABILITY. References to prior convictions in this Act apply to all 17 convictions occurring before, on, or after the effective date of this Act.