CSHB 88(FIN): "An Act relating to certain weapons offenses involving minors; to aggravating factors in sentencing for certain offenses committed on school grounds, on a school bus, at a school-sponsored event, or in administrative offices of a school district; to mitigating factors in sentencing for a defendant's assistance to authorities to detect, apprehend, or prosecute other persons who committed an offense; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 88(FIN) 01 "An Act relating to certain weapons offenses involving minors; to aggravating factors in 02 sentencing for certain offenses committed on school grounds, on a school bus, at a 03 school-sponsored event, or in administrative offices of a school district; to mitigating 04 factors in sentencing for a defendant's assistance to authorities to detect, apprehend, or 05 prosecute other persons who committed an offense; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 SHORT TITLE. Sections 1, 2, and 4 of this Act may be known as the School 10 Violence Prevention Act of 2005. 11 * Sec. 2. AS 12.55.155(c) is amended by adding a new paragraph to read: 12 (31) the offense is a violation of AS 11.41 or AS 11.46.400 and the 13 defendant directed the conduct constituting the offense against a person while the
01 person was on school grounds, on a school bus, at a school-sponsored event, or in the 02 administrative offices of a school district; in this paragraph, 03 (A) "school bus" has the meaning given in AS 11.71.900; 04 (B) "school district" has the meaning given in AS 47.07.063; 05 (C) "school grounds" has the meaning given in AS 11.71.900. 06 * Sec. 3. AS 12.55.155(d)(12) is amended to read: 07 (12) after commission of the offense for which the defendant is 08 being sentenced, the defendant assisted authorities to detect, apprehend, or prosecute 09 other persons who committed an offense; 10 * Sec. 4. AS 47.12.030(a) is amended to read: 11 (a) When a minor who was at least 16 years of age at the time of the offense is 12 charged by complaint, information, or indictment with an offense specified in this 13 subsection, this chapter and the Alaska Delinquency Rules do not apply to the offense 14 for which the minor is charged or to any additional offenses joinable to it under the 15 applicable rules of court governing criminal procedure. The minor shall be charged, 16 held, released on bail, prosecuted, sentenced, and incarcerated in the same manner as 17 an adult. If the minor is convicted of an offense other than an offense specified in this 18 subsection, the minor may attempt to prove, by a preponderance of the evidence, that 19 the minor is amenable to treatment under this chapter. If the court finds that the minor 20 is amenable to treatment under this chapter, the minor shall be treated as though the 21 charges had been heard under this chapter, and the court shall order disposition of the 22 charges of which the minor is convicted under AS 47.12.120(b). The provisions of 23 this subsection apply when the minor is charged by complaint, information, or 24 indictment with an offense 25 (1) that is an unclassified felony or a class A felony and the felony is a 26 crime against a person; 27 (2) of arson in the first degree; [OR] 28 (3) that is a class B felony and the felony is a crime against a person in 29 which the minor is alleged to have used a deadly weapon in the commission of the 30 offense and the minor was previously adjudicated as a delinquent or convicted as an 31 adult, in this or another jurisdiction, as a result of an offense that involved use of a
01 deadly weapon in the commission of a crime against a person or an offense in another 02 jurisdiction having elements substantially identical to those of a crime against a 03 person, and the previous offense was punishable as a felony; in this paragraph, "deadly 04 weapon" has the meaning given in AS 11.81.900(b); or 05 (4) that is misconduct involving weapons in the first degree under 06 (A) AS 11.61.190(a)(1); or 07 (B) AS 11.61.190(a)(2) when the firearm was discharged 08 under circumstances manifesting substantial and unjustifiable risk of 09 physical injury to a person. 10 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. Sections 2 - 4 of this Act apply to acts committed on or after the 13 effective date of this Act. 14 * Sec. 6. This Act takes effect July 1, 2005.