SCS CSHB 309(RES) am S: "An Act relating to nonindigenous fish and consecutive sentencing; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 309(RES) am S 01 "An Act relating to nonindigenous fish and consecutive sentencing; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. It is the intent of the Alaska State Legislature that 07 sec. 4 of this Act does not apply to the culture of ornamental fish on private property in small 08 artificial ponds that have no direct access to the public waters of the state and do not cause 09 significant harm to the continued perpetuation of native, wild, or hatchery stocks of fish. 10 * Sec. 2. AS 12.55.025(c) is amended to read: 11 (c) Except as provided in (d) [AND (e)] of this section, when a defendant is 12 sentenced to imprisonment, the term of confinement commences on the date of 13 imposition of sentence unless the court specifically provides that the defendant must 14 report to serve the sentence on another date. If the court provides another date to
01 begin the term of confinement, the court shall provide the defendant with written 02 notice of the date, time, and location of the correctional facility to which the defendant 03 must report. A defendant shall receive credit for time spent in custody pending trial, 04 sentencing, or appeal, if the detention was in connection with the offense for which 05 sentence was imposed. A defendant may not receive credit for more than the actual 06 time spent in custody pending trial, sentencing, or appeal. The time during which a 07 defendant is voluntarily absent from official detention after the defendant has been 08 sentenced may not be credited toward service of the sentence. 09 * Sec. 3. AS 12.55 is amended by adding a new section to read: 10 Sec. 12.55.127. Consecutive and concurrent terms of imprisonment. (a) If 11 a defendant is required to serve a term of imprisonment under a separate judgment, a 12 term of imprisonment imposed in a later judgment, amended judgment, or probation 13 revocation shall be consecutive. 14 (b) Except as provided in (c) of this section, if a defendant is being sentenced 15 for two or more crimes in a single judgment, terms of imprisonment may be 16 concurrent or partially concurrent. 17 (c) If the defendant is being sentenced for 18 (1) escape, the term of imprisonment shall be consecutive to the term 19 for the underlying crime; 20 (2) two or more crimes under AS 11.41, a consecutive term of 21 imprisonment shall be imposed for at least 22 (A) the mandatory minimum term under AS 12.55.125(a) for 23 each additional crime that is murder in the first degree; 24 (B) the mandatory minimum term for each additional crime 25 that is an unclassified felony governed by AS 12.55.125(b); 26 (C) the presumptive term specified in AS 12.55.125(c) or the 27 active term of imprisonment, whichever is less, for each additional crime that 28 is 29 (i) manslaughter; or 30 (ii) kidnapping that is a class A felony; 31 (D) two years or the active term of imprisonment, whichever is
01 less, for each additional crime that is criminally negligent homicide; 02 (E) one-fourth of the presumptive term under AS 12.55.125(c) 03 or (i) for each additional crime that is sexual assault in the first degree under 04 AS 11.41.410 or sexual abuse of a minor in the first degree under 05 AS 11.41.434, or an attempt, solicitation or conspiracy to commit those 06 offenses; and 07 (F) some additional term of imprisonment for each additional 08 crime, or each additional attempt or solicitation to commit the offense, under 09 AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 10 11.41.500 - 11.41.520. 11 (d) In this section, 12 (1) "active term of imprisonment" means the total term of 13 imprisonment imposed for a crime, minus suspended imprisonment; 14 (2) "additional crime" means a crime that is not the primary crime; 15 (3) "primary crime" means the crime 16 (A) for which the sentencing court imposes the longest active 17 term of imprisonment; or 18 (B) that is designated by the sentencing court as the primary 19 crime when no single crime has the longest active term of imprisonment. 20 * Sec. 4. AS 16.35 is amended by adding a new section to read: 21 Sec. 16.35.210. Nonindigenous fish. (a) A person may not knowingly 22 release, or transport, possess, import, or export for the purpose of release, into the 23 water of the state live nonindigenous fish or live fertilized eggs of nonindigenous fish, 24 unless permitted by AS 16.05 - 16.40 or by a regulation adopted under AS 16.05 - 25 16.40. This subsection does not apply to 26 (1) a fisherman who catches and releases a fish into the water from 27 which the fish was taken; or 28 (2) generally accepted conduct in relation to permitted salt water 29 commercial or sport fishing. 30 (b) A person may not knowingly rear live ornamental fish in, or release live 31 ornamental fish into, the water of the state.
01 (c) A person who violates this section is guilty of a class A misdemeanor. 02 (d) In addition to the penalty imposed under (c) of this section, a person who 03 is convicted of violating this section may be ordered by the court to pay restitution to 04 the state to cover the costs of damages to fishery resources of the state and of 05 removing the introduced fish species from the water of the state. 06 (e) In this section, 07 (1) "knowingly" has the meaning given in AS 11.81.900; 08 (2) "nonindigenous fish" means a species of fish that is not native to 09 the body of water in which the fish is released or is intended to be released; 10 (3) "ornamental fish" means an aquatic finfish, commonly referred to 11 as tropical fish, aquarium fish, or goldfish, an aquatic invertebrate, or an amphibian 12 that is imported, cultured, or sold in the state customarily for viewing in an aquarium 13 or for raising in an artificial containment system and that is not customarily used for 14 sport fishing in the state or used for human consumption; 15 (4) "water of the state" means any water of the state forming a river, 16 stream, lake, pond, slough, creek, bay, sound, estuary, inlet, strait, passage, canal, sea, 17 or ocean, or any other body of water or waterway within the territorial limits of the 18 state. 19 * Sec. 5. AS 33.16.090(b) is amended to read: 20 (b) Except as provided in (e) of this section, a prisoner is not eligible for 21 discretionary parole during the term of a presumptive sentence; however, a prisoner is 22 eligible for discretionary parole during a term of sentence enhancement imposed under 23 AS 12.55.155(a) or during the term of a consecutive or partially consecutive 24 presumptive sentence imposed under AS 12.55.127 [AS 12.55.025(e) OR (g)]. A 25 prisoner sentenced to a mandatory 99-year term under AS 12.55.125(a) or a definite 26 term under AS 12.55.125(l) is not eligible for discretionary parole during the entire 27 term. 28 * Sec. 6. AS 33.16.090(c) is amended to read: 29 (c) Except as provided in (e) of this section, a prisoner eligible for 30 discretionary parole during a period of sentence enhancement imposed under 31 AS 12.55.155(a) or during a consecutive or partially consecutive presumptive sentence
01 imposed under AS 12.55.127 [AS 12.55.025(e) OR (g)] shall serve the unenhanced 02 portion of the sentence or the initial presumptive sentence before being otherwise 03 eligible for discretionary parole under AS 33.16.100(c) or (d). For purposes of this 04 subsection, the sentence for the most serious offense in the case of consecutive or 05 partially consecutive presumptive sentences shall be considered the initial presumptive 06 sentence. The unenhanced sentence or the initial presumptive sentence is considered 07 served for purposes of discretionary parole on the date the unenhanced or initial 08 presumptive sentence is due to expire less good time earned under AS 33.20.010. 09 * Sec. 7. AS 12.55.025(e), 12.55.025(g), and 12.55.025(h) are repealed. 10 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. Sections 2, 3, and 5 - 7 of this Act apply to offenses occurring on 13 or after the effective date of those sections. 14 * Sec. 9. Sections 2, 3, and 5 - 8 of this Act take effect July 1, 2004. 15