HCS CSSB 3(FIN): "An Act relating to the crimes of murder, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, manslaughter, and criminally negligent homicide; relating to homicides of children; relating to registration as a sex offender or child kidnapper; relating to the crime of interference with custody of a child or incompetent person; and providing for an effective date."
00HOUSE CS FOR CS FOR SENATE BILL NO. 3(FIN) 01 "An Act relating to the crimes of murder, solicitation to commit murder in the 02 first degree, conspiracy to commit murder in the first degree, manslaughter, and 03 criminally negligent homicide; relating to homicides of children; relating to 04 registration as a sex offender or child kidnapper; relating to the crime of 05 interference with custody of a child or incompetent person; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. PURPOSE OF SECTION 15. The purpose of the amendment to 09 AS 12.63.100(7), added by sec. 15 of this Act, is to clarify the law in order to validate and 10 affirm the long-standing policy contained in state regulation defining "conviction" for purposes 11 of registration of sex offenders and child kidnappers under AS 12.63 to include a variety of 12 judgments, including those set aside by suspended imposition of sentence under AS 12.55.085. 13 * Sec. 2. AS 11.31.110(c) is repealed and reenacted to read: 14 (c) Solicitation is
01 (1) an unclassified felony if the crime solicited is murder in the first 02 degree; 03 (2) a class A felony if the crime solicited is an unclassified felony other 04 than murder in the first degree; 05 (3) a class B felony if the crime solicited is a class A felony; 06 (4) a class C felony if the crime solicited is a class B felony; 07 (5) a class A misdemeanor if the crime solicited is a class C felony; 08 (6) a class B misdemeanor if the crime solicited is a class A or class 09 B misdemeanor. 10 * Sec. 3. AS 11.41.100(a) is amended to read: 11 (a) A person commits the crime of murder in the first degree if 12 (1) with intent to cause the death of another person, the person 13 (A) causes the death of any person; or 14 (B) compels or induces any person to commit suicide through 15 duress or deception; [OR] 16 (2) the person knowingly engages in conduct directed toward [, 17 UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE 18 VALUE OF HUMAN LIFE, IN A PATTERN OR PRACTICE OF ASSAULT OR 19 TORTURE OF] a child under the age of 16 and the person with criminal negligence 20 [, AND ONE OF THE ACTS OF ASSAULT OR TORTURE RESULTS IN THE 21 DEATH OF THE CHILD; FOR PURPOSES OF THIS PARAGRAPH, A PERSON 22 "ENGAGES IN A PATTERN OR PRACTICE OF ASSAULT OR TORTURE" IF 23 THE PERSON] inflicts serious physical injury on the [A] child by at least two 24 separate acts, and one of the acts results in the death of the child ; or 25 (3) acting alone or with one or more persons, the person commits 26 or attempts to commit a sexual offense against or kidnapping of a child under 16 27 years of age and, in the course of or in furtherance of the offense or in immediate 28 flight from that offense, any person causes the death of the child; in this 29 paragraph, "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470 . 30 * Sec. 4. AS 11.41.110(a) is amended to read: 31 (a) A person commits the crime of murder in the second degree if
01 (1) with intent to cause serious physical injury to another person or 02 knowing that the conduct is substantially certain to cause death or serious physical 03 injury to another person, the person causes the death of any person; 04 (2) the person knowingly engages in conduct that results in the death 05 of another person under circumstances manifesting an extreme indifference to the value 06 of human life; 07 (3) under circumstances not amounting to murder in the first 08 degree under AS 11.41.100(a)(3), while acting either alone or with one or more 09 persons, the person commits or attempts to commit arson in the first degree, 10 kidnapping, sexual assault in the first degree, sexual assault in the second degree, 11 sexual abuse of a minor in the first degree, sexual abuse of a minor in the second 12 degree, burglary in the first degree, escape in the first or second degree, robbery in 13 any degree, or misconduct involving a controlled substance under AS 11.71.010(a), 14 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 15 in furtherance of that crime [,] or in immediate flight from that crime, any person 16 causes the death of a person other than one of the participants; [OR] 17 (4) acting with a criminal street gang, the person commits or attempts 18 to commit a crime that is a felony and, in the course of or in furtherance of that crime 19 or in immediate flight from that crime, any person causes the death of a person other 20 than one of the participants ; or 21 (5) the person with criminal negligence causes the death of a child 22 under the age of 16, and the person has been previously convicted of a crime 23 involving a child under the age of 16 that was 24 (A) a felony violation of AS 11.41; 25 (B) in violation of a law or ordinance in another jurisdiction 26 with elements similar to a felony under AS 11.41; or 27 (C) an attempt, a solicitation, or a conspiracy to commit a 28 crime listed in (A) or (B) of this paragraph . 29 * Sec. 5. AS 11.41.130(b) is amended to read: 30 (b) Criminally negligent homicide is a class B [C] felony. 31 * Sec. 6. AS 11.41.320(a) is amended to read:
01 (a) A person commits the crime of custodial interference in the first degree if 02 the person violates AS 11.41.330 and causes the child or incompetent person 03 [VICTIM] to be 04 (1) removed from the state ; or 05 (2) kept outside the state . 06 * Sec. 7. AS 11.81.250(a) is amended to read: 07 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 08 title, except murder in the first and second degree, attempted murder in the first 09 degree, solicitation to commit murder in the first degree, conspiracy to commit 10 murder in the first degree, sexual assault in the first degree, sexual abuse of a minor 11 in the first degree, misconduct involving a controlled substance in the first degree, and 12 kidnapping, are classified on the basis of their seriousness, according to the type of 13 injury characteristically caused or risked by commission of the offense and the 14 culpability of the offender. Except for murder in the first and second degree, 15 attempted murder in the first degree, solicitation to commit murder in the first 16 degree, conspiracy to commit murder in the first degree, sexual assault in the first 17 degree, sexual abuse of a minor in the first degree, misconduct involving a controlled 18 substance in the first degree, and kidnapping, the offenses in this title are classified 19 into the following categories: 20 (1) class A felonies, which characteristically involve conduct resulting 21 in serious physical injury or a substantial risk of serious physical injury to a person; 22 (2) class B felonies, which characteristically involve conduct resulting 23 in less severe violence against a person than class A felonies, aggravated offenses 24 against property interests, or aggravated offenses against public administration or order; 25 (3) class C felonies, which characteristically involve conduct serious 26 enough to deserve felony classification but not serious enough to be classified as A or 27 B felonies; 28 (4) class A misdemeanors, which characteristically involve less severe 29 violence against a person, less serious offenses against property interests, less serious 30 offenses against public administration or order, or less serious offenses against public 31 health and decency than felonies;
01 (5) class B misdemeanors, which characteristically involve a minor risk 02 of physical injury to a person, minor offenses against property interests, minor offenses 03 against public administration or order, or minor offenses against public health and 04 decency; 05 (6) violations, which characteristically involve conduct inappropriate 06 to an orderly society but which do not denote criminality in their commission. 07 * Sec. 8. AS 11.81.250(b) is amended to read: 08 (b) The classification of each felony defined in this title, except murder in the 09 first and second degree, attempted murder in the first degree, solicitation to commit 10 murder in the first degree, conspiracy to commit murder in the first degree, 11 sexual assault in the first degree, sexual abuse of a minor in the first degree, 12 misconduct involving a controlled substance in the first degree, and kidnapping, is 13 designated in the section defining it. A felony under Alaska law defined outside this 14 title for which no penalty is specifically provided is a class C felony. 15 * Sec. 9. AS 12.55.125(b) is amended to read: 16 (b) A defendant convicted of murder in the second degree, attempted murder 17 in the first degree, solicitation to commit murder in the first degree, conspiracy to 18 commit murder in the first degree, kidnapping, or misconduct involving a controlled 19 substance in the first degree shall be sentenced to a definite term of imprisonment of 20 at least five years but not more than 99 years. A defendant convicted of murder in 21 the second degree shall be sentenced to a definite term of imprisonment of at least 22 20 years but not more than 99 years when the defendant is convicted of the 23 murder of a child under 16 years of age and the court finds by clear and 24 convincing evidence that the defendant (1) was a natural parent, a stepparent, an 25 adopted parent, a legal guardian, or a person occupying a position of authority 26 in relation to the child; or (2) caused the death of the child by committing a crime 27 against a person under AS 11.41.200 - 11.41.530. In this subsection, "legal 28 guardian" and "position of authority" have the meanings given in AS 11.41.470. 29 * Sec. 10. AS 12.55.125(c) is amended to read: 30 (c) A defendant convicted of a class A felony may be sentenced to a definite 31 term of imprisonment of not more than 20 years, and shall be sentenced to the
01 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 02 12.55.175: 03 (1) if the offense is a first felony conviction and does not involve 04 circumstances described in (2) of this subsection, five years; 05 (2) if the offense is a first felony conviction 06 (A) [,] other than for manslaughter [,] and the defendant 07 possessed a firearm, used a dangerous instrument, or caused serious physical 08 injury during the commission of the offense, or knowingly directed the conduct 09 constituting the offense at a uniformed or otherwise clearly identified peace 10 officer, fire fighter, correctional employee, emergency medical technician, 11 paramedic, ambulance attendant, or other emergency responder who was 12 engaged in the performance of official duties at the time of the offense, seven 13 years; 14 (B) for manslaughter and the conduct resulting in the 15 conviction was knowingly directed towards a child under the age of 16, 16 seven years; 17 (3) if the offense is a second felony conviction, 10 years; 18 (4) if the offense is a third felony conviction and the defendant is not 19 subject to sentencing under (l) of this section, 15 years. 20 * Sec. 11. AS 12.55.125(k) is amended to read: 21 (k) A first felony offender convicted of an offense for which a presumptive 22 term of imprisonment is not specified under this section 23 (1) may be sentenced to a term of unsuspended imprisonment that 24 exceeds the presumptive term for a second or third felony offender convicted of 25 the same crime if the offender is convicted of criminally negligent homicide and 26 the victim is a child under the age of 16; 27 (2) except as provided in (1) of this subsection, may not be sentenced 28 to a term of unsuspended imprisonment that exceeds the presumptive term for a second 29 felony offender convicted of the same crime unless the court finds by clear and 30 convincing evidence that an aggravating factor under AS 12.55.155(c) is present, or 31 that circumstances exist that would warrant a referral to the three-judge panel under
01 AS 12.55.165. 02 * Sec. 12. AS 12.63.100(1) is amended to read: 03 (1) "aggravated sex offense" means 04 (A) a crime under AS 11.41.100(a)(3), or a similar law of 05 another jurisdiction, in which the person committed or attempted to 06 commit a sexual offense, or a similar offense under the laws of the other 07 jurisdiction; in this subparagraph, "sexual offense" has the meaning given 08 in AS 11.41.100(a)(3); 09 (B) a crime under AS 11.41.110(a)(3), or a similar law of 10 another jurisdiction, in which the person committed or attempted to 11 commit one of the following crimes, or a similar law of another 12 jurisdiction: 13 (i) sexual assault in the first degree; 14 (ii) sexual assault in the second degree; 15 (iii) sexual abuse of a minor in the first degree; or 16 (iv) sexual abuse of a minor in the second degree; or 17 (C) a crime, or an attempt, solicitation, or conspiracy to commit 18 a crime, under AS 11.41.410, 11.41.434, or a similar law of another 19 jurisdiction; 20 * Sec. 13. AS 12.63.100(2) is amended to read: 21 (2) "child kidnapping" means 22 (A) a crime under AS 11.41.100(a)(3), or a similar law of 23 another jurisdiction, in which the person committed or attempted to 24 commit kidnapping; 25 (B) a crime under AS 11.41.110(a)(3), or a similar law of 26 another jurisdiction, in which the person committed or attempted to 27 commit kidnapping if the victim was under 18 years of age at the time of 28 the offense; or 29 (C) a crime, or an attempt, solicitation, or conspiracy to 30 commit a crime, under AS 11.41.300, or a similar law of another jurisdiction, 31 if the victim was under 18 years of age at the time of the offense ; [.]
01 * Sec. 14. AS 12.63.100(5) is amended to read: 02 (5) "sex offense" means 03 (A) a crime under AS 11.41.100(a)(3), or a similar law of 04 another jurisdiction, in which the person committed or attempted to 05 commit a sexual offense, or a similar offense under the laws of the other 06 jurisdiction; in this subparagraph, "sexual offense" has the meaning given 07 in AS 11.41.100(a)(3); 08 (B) a crime under AS 11.41.110(a)(3), or a similar law of 09 another jurisdiction, in which the person committed or attempted to 10 commit one of the following crimes, or a similar law of another 11 jurisdiction: 12 (i) sexual assault in the first degree; 13 (ii) sexual assault in the second degree; 14 (iii) sexual abuse of a minor in the first degree; or 15 (iv) sexual abuse of a minor in the second degree; 16 (C) a crime, or an attempt, solicitation, or conspiracy to commit 17 a crime, under the following statutes or a similar law of another jurisdiction: 18 (i) [(A)] AS 11.41.410 - 11.41.438 ; 19 (ii) AS 11.41.440(a)(2); 20 (iii) AS 11.41.450 - 11.41.458; 21 (iv) AS 11.41.460 [, 11.41.440(a)(2), 11.41.450 - 22 11.41.458, OR 11.41.460] if the indecent exposure is before a person 23 under 16 years of age and the offender has a previous conviction for 24 that offense; 25 (v) [(B)] AS 11.61.125 or 11.61.127; 26 (vi) [(C)] AS 11.66.110 or 11.66.130(a)(2) if the person 27 who was induced or caused to engage in prostitution was 16 or 17 years 28 of age at the time of the offense; or 29 (vii) [(D)] former AS 11.15.120, former 11.15.134, or 30 assault with the intent to commit rape under former AS 11.15.160, 31 former AS 11.40.110, or former 11.40.200;
01 * Sec. 15. AS 12.63.100 is amended by adding a new paragraph to read: 02 (7) "conviction" means that an adult, or a juvenile charged as an adult 03 under AS 47.12 or a similar procedure in another jurisdiction, has entered a plea of 04 guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty 05 but mentally ill by a court or jury, of a sex offense or child kidnapping regardless of 06 whether the judgment was set aside under AS 12.55.085 or a similar procedure in 07 another jurisdiction or was the subject of a pardon or other executive clemency; 08 "conviction" does not include a judgment that has been reversed or vacated by a court. 09 * Sec. 16. APPLICABILITY OF SECTIONS 2 - 6 AND 9 - 11. Sections 2 - 6 and 9 - 10 11 of this Act apply to offenses committed on or after the effective date of this Act. 11 However, previous convictions refer to convictions occurring before, on, or after the effective 12 date of this Act. 13 * Sec. 17. APPLICABILITY OF SECTIONS 12 - 14. (a) A sex offender or child 14 kidnapper with, before the effective date of this Act, (1) one conviction for an aggravated sex 15 offense that is a violation of AS 11.41.110(a)(3); (2) two or more convictions for child 16 kidnapping with at least one being a violation of AS 11.41.110(a)(3); or (3) one conviction 17 for a child kidnapping that is a violation of AS 11.41.110(a)(3) and one conviction for a sex 18 offense, regardless of whether the offender or kidnapper has been unconditionally discharged 19 from that conviction or convictions, shall register under AS 12.63.010 by the 60th day after 20 the effective date of this Act. A sex offender or child kidnapper who does not have a 21 conviction for a sex offense, who has only one conviction for a child kidnapping that is a 22 violation of AS 11.41.110(a)(3), and who has been unconditionally discharged from that child 23 kidnapping on or after July 1, 1984, but before the effective date of this Act shall register 24 under and otherwise comply with AS 12.63 by the 60th day after the effective date of this 25 Act. A sex offender or child kidnapper who does not have a conviction for a sex offense, 26 who has only one conviction for a child kidnapping, and who has been unconditionally 27 discharged from a child kidnapping that is a violation of AS 11.41.110(a)(3), before July 1, 28 1984, is not required to register under this Act. 29 (b) A conviction for a sex offense or child kidnapping before the effective date of this 30 Act is a sex offense or child kidnapping for the purpose of the duration of registration 31 requirement of AS 12.63.020(a).
01 (c) In this section, "aggravated sex offense," "child kidnapping," "sex offender or child 02 kidnapper," and "sex offense" have the meanings given by AS 12.63.100, as amended by 03 secs. 12 - 14 of this Act. 04 * Sec. 18. APPLICABILITY OF SECTION 15. (a) The clarification of the definition of 05 "conviction" contained in sec. 15 of this Act applies to convictions that occurred before, on, 06 or after the effective date of this Act, except that a sex offender or child kidnapper with only 07 one conviction for a sex offense or child kidnapping that is not an aggravated sex offense and 08 who has been unconditionally discharged from that conviction before July 1, 1984, is not 09 required to register under AS 12.63. 10 (b) A conviction for a sex offense or child kidnapping before the effective date of this 11 Act is a sex offense or child kidnapping for purposes of the duration of registration 12 requirements of AS 12.63.020(a). 13 (c) In this section, "aggravated sex offense," "child kidnapping," "conviction," "sex 14 offender or child kidnapper," and "sex offense" have the meanings given in AS 12.63.100, as 15 amended by secs. 12 - 15 of this Act. 16 * Sec. 19. This Act takes effect immediately under AS 01.10.070(c).