HB 133: "An Act relating to sentencing and to the earning of good time deductions for certain sexual offenses."
00 HOUSE BILL NO. 133 01 "An Act relating to sentencing and to the earning of good time deductions for certain 02 sexual offenses." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55.125(c) is amended to read: 05 (c) Except as provided in (i) of this section, a [A] defendant convicted of a 06 class A felony may be sentenced to a definite term of imprisonment of not more than 07 20 years, and shall be sentenced to the following presumptive terms, subject to 08 adjustment as provided in AS 12.55.155 - 12.55.175: 09 (1) if the offense is a first felony conviction and does not involve 10 circumstances described in (2) of this subsection, five years; 11 (2) if the offense is a first felony conviction 12 (A) other than for manslaughter and the defendant possessed a 13 firearm, used a dangerous instrument, or caused serious physical injury during 14 the commission of the offense, or knowingly directed the conduct constituting
01 the offense at a uniformed or otherwise clearly identified peace officer, fire 02 fighter, correctional employee, emergency medical technician, paramedic, 03 ambulance attendant, or other emergency responder who was engaged in the 04 performance of official duties at the time of the offense, seven years; 05 (B) for manslaughter and the conduct resulting in the 06 conviction was knowingly directed towards a child under the age of 16, seven 07 years; 08 (C) for manslaughter and the conduct resulting in the 09 conviction involved driving while under the influence of an alcoholic 10 beverage, inhalant, or controlled substance, seven years; 11 (3) if the offense is a second felony conviction, 10 years; 12 (4) if the offense is a third felony conviction and the defendant is not 13 subject to sentencing under (l) of this section, 15 years. 14 * Sec. 2. AS 12.55.125(d) is amended to read: 15 (d) Except as provided in (i) of this section, a [A] defendant convicted of a 16 class B felony may be sentenced to a definite term of imprisonment of not more than 17 10 years, and shall be sentenced to the following presumptive terms, subject to 18 adjustment as provided in AS 12.55.155 - 12.55.175: 19 (1) if the offense is a second felony conviction, four years; 20 (2) if the offense is a third felony conviction, six years. 21 [(3) REPEALED] 22 * Sec. 3. AS 12.55.125(e) is amended to read: 23 (e) Except as provided in (i) of this section, a [A] defendant convicted of a 24 class C felony may be sentenced to a definite term of imprisonment of not more than 25 five years, and shall be sentenced to the following presumptive terms, subject to 26 adjustment as provided in AS 12.55.155 - 12.55.175: 27 (1) if the offense is a second felony conviction, two years; 28 (2) if the offense is a third felony conviction, three years; [.] 29 (3) [REPEALED 30 (4)] if the offense is a first felony conviction, and the defendant 31 violated AS 08.54.720(a)(15), one year.
01 * Sec. 4. AS 12.55.125(g) is amended to read: 02 (g) If a defendant is sentenced under (c), (d)(1), (d)(2), (e)(1), (e)(2), (e)(3) 03 [(e)(4)], or (i) of this section, except to the extent permitted under AS 12.55.155 - 04 12.55.175, 05 (1) imprisonment may not be suspended under AS 12.55.080; 06 (2) imposition of sentence may not be suspended under AS 12.55.085; 07 (3) terms of imprisonment may not be otherwise reduced. 08 * Sec. 5. AS 12.55.125(i) is amended to read: 09 (i) A defendant convicted of 10 (1) sexual assault in the first degree or sexual abuse of a minor in the 11 first degree may be sentenced to a definite term of imprisonment of not more than 40 12 [30] years [,] and shall be sentenced to the following presumptive terms, subject to 13 adjustment as provided in AS 12.55.155 - 12.55.175: 14 (A) [(1)] if the offense is a first felony conviction and does not 15 involve circumstances described in (B) [(2)] of this paragraph 16 [SUBSECTION], eight years; 17 (B) [(2)] if the offense is a first felony conviction [,] and the 18 defendant possessed a firearm, used a dangerous instrument, or caused serious 19 physical injury during the commission of the offense, 10 years; 20 (C) [(3)] if the offense is a second felony conviction and does 21 not involve circumstances described in (D) of this paragraph, 15 years; 22 (D) if the offense is a second felony conviction and the 23 defendant has a prior conviction for a sexual felony, 20 years; 24 (E) [(4)] if the offense is a third felony conviction and the 25 defendant is not subject to sentencing under (F) of this paragraph or (l) of 26 this section, 25 years; 27 (F) if the offense is a third felony conviction, the defendant 28 is not subject to sentencing under (l) of this section, and the defendant has 29 two prior convictions for sexual felonies, 30 years; 30 (2) attempt, conspiracy, or solicitation to commit sexual assault in 31 the first degree or attempted sexual abuse of a minor in the first degree may be
01 sentenced to a definite term of imprisonment of not more than 30 years and shall 02 be sentenced to the following presumptive terms, subject to adjustment as 03 provided in AS 12.55.155 - 12.55.175: 04 (A) if the offense is a first felony conviction and does not 05 involve circumstances described in (B) of this paragraph, five years; 06 (B) if the offense is a first felony conviction, and the 07 defendant possessed a firearm, used a dangerous instrument, or caused 08 physical injury during the commission of the offense, 10 years; 09 (C) if the offense is a second felony conviction and does not 10 involve circumstances described in (D) of this paragraph, 10 years; 11 (D) if the offense is a second felony conviction and the 12 defendant has a prior conviction for a sexual felony, 15 years; 13 (E) if the offense is a third felony conviction, does not 14 involve circumstances described in (F) of this paragraph, and the 15 defendant is not subject to sentencing under (l) of this section, 15 years; 16 (F) if the offense is a third felony conviction, the defendant 17 is not subject to sentencing under (l) of this section, and the defendant has 18 two prior convictions for sexual felonies, 20 years; 19 (3) sexual assault in the second degree, sexual abuse of a minor in 20 the second degree, unlawful exploitation of a minor, or distribution of child 21 pornography may be sentenced to a definite term of imprisonment of not more 22 than 20 years and shall be sentenced to the following presumptive terms, subject 23 to adjustment as provided in AS 12.55.155 - 12.55.175: 24 (A) if the offense is a second felony conviction and does not 25 involve circumstances described in (B) of this paragraph, four years; 26 (B) if the offense is a second felony conviction and the 27 defendant has a prior conviction for a sexual felony, 10 years; 28 (C) if the offense is a third felony conviction, does not 29 involve circumstances described in (D) of this paragraph, six years; 30 (D) if the offense is a third felony conviction, and the 31 defendant has two prior convictions for sexual felonies, 15 years;
01 (4) sexual assault in the third degree, incest, indecent exposure in 02 the first degree, possession of child pornography, or attempt, conspiracy, or 03 solicitation to commit sexual assault in the second degree, sexual abuse of a minor 04 in the second degree, unlawful exploitation of a minor, or distribution of child 05 pornography, may be sentenced to a definite term of imprisonment of not more 06 than 10 years and shall be sentenced to the following presumptive terms, subject 07 to adjustment as provided in AS 12.55.155 - 12.55.175: 08 (A) if the offense is a second felony conviction and does not 09 involve circumstances described in (B) of this paragraph, two years; 10 (B) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, three years; 12 (C) if the offense is a third felony conviction and does not 13 involve circumstances described in (D) of this paragraph, three years; 14 (D) if the offense is a third felony conviction and the 15 defendant has two prior convictions for sexual felonies, six years. 16 * Sec. 6. AS 12.55.145(a) is amended to read: 17 (a) For purposes of considering prior convictions in imposing sentence under 18 (1) AS 12.55.125(c), (d)(1), (d)(2), (e)(1), or (e)(2)[, OR (i),] 19 (A) a prior conviction may not be considered if a period of 10 20 or more years has elapsed between the date of the defendant's unconditional 21 discharge on the immediately preceding offense and commission of the present 22 offense unless the prior conviction was for an unclassified or class A felony; 23 (B) a conviction in this or another jurisdiction of an offense 24 having elements similar to those of a felony defined as such under Alaska law 25 at the time the offense was committed is considered a prior felony conviction; 26 (C) two or more convictions arising out of a single, continuous 27 criminal episode during which there was no substantial change in the nature of 28 the criminal objective are considered a single conviction unless the defendant 29 was sentenced to consecutive sentences for the crimes; offenses committed 30 while attempting to escape or avoid detection or apprehension after the 31 commission of another offense are not part of the same criminal episode or
01 objective; 02 (2) AS 12.55.125(l), 03 (A) a conviction in this or another jurisdiction of an offense 04 having elements similar to those of a most serious felony is considered a prior 05 most serious felony conviction; 06 (B) commission of and conviction for offenses relied on as 07 prior most serious felony offenses must occur in the following order: 08 conviction for the first offense must occur before commission of the second 09 offense, and conviction for the second offense must occur before commission 10 of the offense for which the defendant is being sentenced; 11 (3) AS 12.55.135(g), 12 (A) a prior conviction may not be considered if a period of five 13 or more years has elapsed between the date of the defendant's unconditional 14 discharge on the immediately preceding offense and commission of the present 15 offense unless the prior conviction was for an unclassified or class A felony; 16 (B) a conviction in this or another jurisdiction of an offense 17 having elements similar to those of a crime against a person or a crime 18 involving domestic violence is considered a prior conviction; 19 (C) two or more convictions arising out of a single, continuous 20 criminal episode during which there was no substantial change in the nature of 21 the criminal objective are considered a single conviction unless the defendant 22 was sentenced to consecutive sentences for the crimes; offenses committed 23 while attempting to escape or avoid detection or apprehension after the 24 commission of another offense are not part of the same criminal episode or 25 objective; 26 (4) AS 12.55.125(i), 27 (A) a conviction in this or another jurisdiction of an offense 28 having elements similar to those of a sexual felony is a prior conviction for 29 a sexual felony; 30 (B) a felony conviction in another jurisdiction making it a 31 crime to commit any lewd and lascivious act upon a child under the age of
01 16 years, with the intent of arousing, appealing to, or gratifying the sexual 02 desires of the defendant or the victim is a prior conviction for a sexual 03 felony; 04 (C) two or more convictions arising out of a single, 05 continuous criminal episode during which there was no substantial change 06 in the nature of the criminal objective are considered a single conviction 07 unless the defendant was sentenced to consecutive sentences for the 08 crimes; offenses committed while attempting to escape or avoid detection 09 or apprehension after the commission of another offense are not part of 10 the same criminal episode or objective. 11 * Sec. 7. AS 12.55.155a is amended to read: 12 (a) If a defendant is convicted of an offense and is subject to sentencing under 13 AS 12.55.125(c), (d)(1), (d)(2), (e)(1), (e)(2), (e)(3) [(e)(4)], or (i) and 14 (1) the presumptive term is four years or less, the court may decrease 15 the presumptive term by an amount as great as the presumptive term for factors in 16 mitigation or may increase the presumptive term up to the maximum term of 17 imprisonment for factors in aggravation; 18 (2) the presumptive term of imprisonment is more than four years, the 19 court may decrease the presumptive term by an amount as great as 50 percent of the 20 presumptive term for factors in mitigation or may increase the presumptive term up to 21 the maximum term of imprisonment for factors in aggravation. 22 * Sec. 8. AS 12.55.165(a) is amended to read: 23 (a) If the defendant is subject to sentencing under AS 12.55.125(c), (d)(1), 24 (d)(2), (e)(1), (e)(2), (e)(3) [(e)(4)], or (i) and the court finds by clear and convincing 25 evidence that manifest injustice would result from failure to consider relevant 26 aggravating or mitigating factors not specifically included in AS 12.55.155 or from 27 imposition of the presumptive term, whether or not adjusted for aggravating or 28 mitigating factors, the court shall enter findings and conclusions and cause a record of 29 the proceedings to be transmitted to a three-judge panel for sentencing under 30 AS 12.55.175. 31 * Sec. 9. AS 12.55.185 is amended by adding a new paragraph to read:
01 (17) "sexual felony" means sexual assault in the first degree, sexual 02 abuse of a minor in the first degree, sexual assault in the second degree, sexual abuse 03 of a minor in the second degree, unlawful exploitation of a minor, distribution of child 04 pornography, sexual assault in the third degree, incest, indecent exposure in the first 05 degree, possession of child pornography, and felony attempt, conspiracy, or 06 solicitation to commit those crimes. 07 * Sec. 10. AS 33.20.010(a) is amended to read: 08 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 09 convicted of 10 (1) an offense against the state or a political subdivision of the state 11 and sentenced to a term of imprisonment that exceeds three days is entitled to a 12 deduction of one-third of the term of imprisonment rounded off to the nearest day if 13 (2) of this subsection does not apply and the prisoner follows the rules of the 14 correctional facility in which the prisoner is confined; a [. A] prisoner is not eligible 15 for a good time deduction if the prisoner has been sentenced to a 16 (A) [(1)] mandatory 99-year term of imprisonment under 17 AS 12.55.125(a) after June 27, 1996; or 18 (B) [(2)] definite term under AS 12.55.125(l); 19 (2) a sexual felony under AS 12.55.125(i) with one or more prior 20 sexual felony convictions is entitled to a deduction of one-sixth of the term of 21 imprisonment rounded off to the nearest day if the prisoner follows the rules of 22 the correctional facility in which the prisoner is confined. 23 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY. (a) The changes made to AS 12.55.125 and 12.55.145 by this Act 26 apply to sentencings for offenses committed on or after the effective date of this Act. All 27 references to prior or previous convictions in AS 12.55.125 and 12.55.145, as amended by 28 this Act, apply to convictions occurring before, on, or after the effective date of this Act. 29 (b) The changes made to the earning of good time deductions under AS 33.20.010 30 apply to offenses occurring on or after the effective date of this Act.