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