SB 169: "An Act relating to the nonapplicability of the delinquency laws to certain minors accused of certain crimes against persons directed at certain victims."
00 SENATE BILL NO. 169 01 "An Act relating to the nonapplicability of the delinquency laws to certain minors 02 accused of certain crimes against persons directed at certain victims." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.12.030(a) is amended to read: 05 (a) When a minor who was at least 16 years of age at the time of the offense is 06 charged by complaint, information, or indictment with an offense specified in this 07 subsection, this chapter and the Alaska Delinquency Rules do not apply to the offense 08 for which the minor is charged or to any additional offenses joinable to it under the 09 applicable rules of court governing criminal procedure. The minor shall be charged, 10 held, released on bail, prosecuted, sentenced, and incarcerated in the same manner as 11 an adult. If the minor is convicted of an offense other than an offense specified in this 12 subsection, the minor may attempt to prove, by a preponderance of the evidence, that 13 the minor is amenable to treatment under this chapter. If the court finds that the minor 14 is amenable to treatment under this chapter, the minor shall be treated as though the
01 charges had been heard under this chapter, and the court shall order disposition of the 02 charges of which the minor is convicted under AS 47.12.120(b). The provisions of 03 this subsection apply when the minor is charged by complaint, information, or 04 indictment with an offense 05 (1) that is an unclassified felony or a class A felony and the felony is a 06 crime against a person; 07 (2) of arson in the first degree; [OR] 08 (3) that is a class B felony and the felony is a crime against a person in 09 which the minor is alleged to have used a deadly weapon in the commission of the 10 offense and the minor was previously adjudicated as a delinquent or convicted as an 11 adult, in this or another jurisdiction, as a result of an offense that involved use of a 12 deadly weapon in the commission of a crime against a person or an offense in another 13 jurisdiction having elements substantially identical to those of a crime against a 14 person, and the previous offense was punishable as a felony; in this paragraph, "deadly 15 weapon" has the meaning given in AS 11.81.900(b); or 16 (4) that is a felony crime against a person or a class A 17 misdemeanor crime against a person, in which the minor is alleged to have 18 directed the conduct constituting the crime at a victim because of that person's 19 race, sex, color, creed, physical or mental disability, ancestry, or national origin.