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CSHB 180(FIN): "An Act relating to the possession, manufacture, use, display, or delivery of controlled substances while children are present."

00CS FOR HOUSE BILL NO. 180(FIN) 01 "An Act relating to the possession, manufacture, use, display, or delivery of 02 controlled substances while children are present." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.51.130(a) is amended to read: 05  (a) A person commits the crime of contributing to the delinquency of a minor 06 if, being 19 years of age or older or being under 19 years of age and having the 07 disabilities of minority removed for general purposes under AS 09.55.590, the person 08 aids, induces, causes, or encourages a child 09  (1) under 18 years of age to do any act prohibited by state law unless 10 the child's disabilities of minority have been removed for general purposes under 11 AS 09.55.590; 12  (2) under 18 years of age or allows a child under 18 years of age to 13 enter or remain in the immediate physical presence of [SAME ROOM IN A 14 BUILDING WHERE] the unlawful possession, manufacture, use, display, or

01 delivery [SALE] of a controlled substance knowing that the possession, 02 manufacture, use, display, or delivery is occurring, [DRUG OCCURS] unless the 03 child's disabilities of minority have been removed for general purposes under 04 AS 09.55.590; 05  (3) under 16 years of age to be repeatedly absent from school, without 06 just cause; or 07  (4) under 18 years of age to be absent from the custody of a parent, 08 guardian, or custodian without the permission of the parent, guardian, or custodian or 09 without the knowledge of the parent, guardian, or custodian, unless the child's 10 disabilities of minority have been removed for general purposes under AS 09.55.590 11 or the person has immunity under AS 47.10.350 or 47.10.398(a); it is an affirmative 12 defense to a prosecution under this paragraph that, at the time of the alleged offense, 13 the defendant 14  (A) reasonably believed that the child was in danger of physical 15 injury or in need of temporary shelter; and 16  (B) within 12 hours after taking the actions comprising the 17 alleged offense, notified a peace officer, a law enforcement agency, or the 18 Department of Health and Social Services of the name of the child and the 19 child's location.