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CSHB 88(RLS): "An Act relating to certain weapons offenses involving minors; relating to the definition of 'recreation or youth center' for purposes of misconduct involving a controlled substance; 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(RLS)                                                                     
01 "An Act relating to certain weapons offenses involving minors; relating to the definition                               
02 of 'recreation or youth center' for purposes of misconduct involving a controlled                                       
03 substance; to aggravating factors in sentencing for certain offenses committed on school                                
04 grounds, on a school bus, at a school-sponsored event, or in administrative offices of a                                
05 school district; to mitigating factors in sentencing for a defendant's assistance to                                    
06 authorities to detect, apprehend, or prosecute other persons who committed an offense;                                  
07 and providing for an effective date."                                                                                   
08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
09    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
10 to read:                                                                                                                
11       SHORT TITLE.  Sections 1, 3, and 5 of this Act may be known as the School                                         
12 Violence Prevention Act of 2005.                                                                                        
13 * Sec. 2.  AS 11.71.900(20) is amended to read:                                                                       
01                 (20)  "recreation or youth center" means a building, structure, athletic                                
02       playing field, or playground                                                                                      
03                      (A)  run or created by a municipality or the state to provide                                  
04            athletic, recreational, or leisure activities for minors; or                                             
05                      (B)  operated by a public or private organization licensed to                                  
06            provide shelter, training, or guidance for minors.                                                       
07    * Sec. 3.  AS 12.55.155(c) is amended by adding a new paragraph to read:                                           
08                 (31)  the offense is a violation of AS 11.41 or AS 11.46.400 and the                                    
09       defendant directed the conduct constituting the offense against a person while the                                
10       person was on school grounds, on a school bus, at a school-sponsored event, or in the                             
11       administrative offices of a school district; in this paragraph,                                                   
12                      (A)  "school bus" has the meaning given in AS 11.71.900;                                           
13                      (B)  "school district" has the meaning given in AS 47.07.063;                                      
14                      (C)  "school grounds" has the meaning given in AS 11.71.900.                                       
15    * Sec. 4.  AS 12.55.155(d)(12) is amended to read:                                                               
16                 (12)  after commission of the offense for which the defendant is                                    
17       being sentenced, the defendant assisted authorities to detect, apprehend, or prosecute                        
18       other persons who committed an offense;                                                                           
19    * Sec. 5.  AS 47.12.030(a) is amended to read:                                                                     
20            (a)  When a minor who was at least 16 years of age at the time of the offense is                             
21       charged by complaint, information, or indictment with an offense specified in this                                
22       subsection, this chapter and the Alaska Delinquency Rules do not apply to the offense                             
23       for which the minor is charged or to any additional offenses joinable to it under the                             
24       applicable rules of court governing criminal procedure.  The minor shall be charged,                              
25       held, released on bail, prosecuted, sentenced, and incarcerated in the same manner as                             
26       an adult.  If the minor is convicted of an offense other than an offense specified in this                        
27       subsection, the minor may attempt to prove, by a preponderance of the evidence, that                              
28       the minor is amenable to treatment under this chapter.  If the court finds that the minor                         
29       is amenable to treatment under this chapter, the minor shall be treated as though the                             
30       charges had been heard under this chapter, and the court shall order disposition of the                           
31       charges of which the minor is convicted under AS 47.12.120(b).  The provisions of                                 
01       this subsection apply when the minor is charged by complaint, information, or                                     
02       indictment with an offense                                                                                        
03                 (1)  that is an unclassified felony or a class A felony and the felony is a                             
04       crime against a person;                                                                                           
05                 (2)  of arson in the first degree; [OR]                                                                 
06                 (3)  that is a class B felony and the felony is a crime against a person in                             
07       which the minor is alleged to have used a deadly weapon in the commission of the                                  
08       offense and the minor was previously adjudicated as a delinquent or convicted as an                               
09       adult, in this or another jurisdiction, as a result of an offense that involved use of a                          
10       deadly weapon in the commission of a crime against a person or an offense in another                              
11       jurisdiction having elements substantially identical to those of a crime against a                                
12       person, and the previous offense was punishable as a felony; in this paragraph, "deadly                           
13       weapon" has the meaning given in AS 11.81.900(b); or                                                          
14                 (4)  that is misconduct involving weapons in the first degree under                                 
15                      (A)  AS 11.61.190(a)(1); or                                                                    
16                      (B)  AS 11.61.190(a)(2) when the firearm was discharged                                        
17            under circumstances manifesting substantial and unjustifiable risk of                                    
18            physical injury to a person.                                                                           
19    * Sec. 6.  The uncodified law of the State of Alaska is amended by adding a new section to                         
20 read:                                                                                                                   
21       APPLICABILITY.  Sections 2 - 5 of this Act apply to acts committed on or after the                                
22 effective date of this Act.                                                                                             
23    * Sec. 7.  This Act takes effect July 1, 2005.