CSHB 149(FIN) am: "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 149(FIN) am 01 "An Act relating to controlled substances; relating to the crimes of manslaughter, 02 endangering the welfare of a child, and misconduct involving a controlled substance; 03 relating to the manufacture of methamphetamine and to the sale, possession, and 04 delivery of certain substances and precursors used in the manufacture of 05 methamphetamine; relating to listing certain anabolic steroids as controlled substances; 06 and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 11.41.120(a) is amended to read: 09 (a) A person commits the crime of manslaughter if the person 10 (1) intentionally, knowingly, or recklessly causes the death of another 11 person under circumstances not amounting to murder in the first or second degree; 12 [OR] 13 (2) intentionally aids another person to commit suicide; or
01 (3) knowingly manufactures or delivers a controlled substance in 02 violation of AS 11.71.010 - 11.71.030 or 11.71.040(a)(1) for schedule IVA 03 controlled substances, and a person dies as a direct result of ingestion of the 04 controlled substance; the death is a result that does not require a culpable mental 05 state. 06 * Sec. 2. AS 11.51.100(c) is amended to read: 07 (c) In this section, 08 (1) "building," in addition to its usual meaning, includes any 09 propelled vehicle or structure adapted for overnight accommodation of persons 10 or for carrying on business; when a building consists of separate units, including 11 apartment units, offices, or rented rooms, each unit is considered a part of the 12 same building; 13 (2) "physically mistreated" means 14 (A) [(1)] having committed an act punishable under 15 AS 11.41.100 - 11.41.250; or 16 (B) [(2)] having applied force to a child that, under the 17 circumstances in which it was applied, or considering the age or physical 18 condition of the child, constitutes a gross deviation from the standard of 19 conduct that a reasonable person would observe in the situation because of the 20 substantial and unjustifiable risk of 21 (i) [(A)] death; 22 (ii) [(B)] serious or protracted disfigurement; 23 (iii) [(C)] protracted impairment of health; 24 (iv) [(D)] loss or impairment of the function of a body 25 member or organ; 26 (v) [(E)] substantial skin bruising, burning, or other skin 27 injury; 28 (vi) [(F)] internal bleeding or subdural hematoma; 29 (vii) [(G)] bone fracture; or 30 (viii) [(H)] prolonged or extreme pain, swelling, or 31 injury to soft tissue.
01 * Sec. 3. AS 11.51.100 is amended by adding new subsections to read: 02 (g) Notwithstanding AS 11.51.130, a person commits the crime of 03 endangering the welfare of a child in the first degree if the person knowingly 04 manufactures or attempts to manufacture methamphetamine in violation of AS 11.71 05 in a building, with reckless disregard that the building is used as a permanent or 06 temporary home or place of lodging for one or more children under 18 years of age. 07 (h) Endangering the welfare of a child in the first degree under (g) of this 08 section is a class C felony. 09 * Sec. 4. AS 11.51.130(a) is amended to read: 10 (a) A person commits the crime of contributing to the delinquency of a minor 11 if, being 19 years of age or older or being under 19 years of age and having the 12 disabilities of minority removed for general purposes under AS 09.55.590, the person 13 aids, induces, causes, or encourages a child 14 (1) under 18 years of age to do any act prohibited by state law unless 15 the child's disabilities of minority have been removed for general purposes under 16 AS 09.55.590; 17 (2) under 18 years of age or allows a child under 18 years of age, 18 under circumstances not proscribed under AS 11.51.100(g), to enter or remain in 19 the immediate physical presence of the unlawful manufacture, use, display, or delivery 20 of a controlled substance knowing that the manufacture, use, display, or delivery is 21 occurring, unless the child's disabilities of minority have been removed for general 22 purposes under AS 09.55.590; 23 (3) under 16 years of age to be repeatedly absent from school, without 24 just cause; or 25 (4) under 18 years of age to be absent from the custody of a parent, 26 guardian, or custodian without the permission of the parent, guardian, or custodian or 27 without the knowledge of the parent, guardian, or custodian, unless the child's 28 disabilities of minority have been removed for general purposes under AS 09.55.590 29 or the person has immunity under AS 47.10.350 or 47.10.398(a); it is an affirmative 30 defense to a prosecution under this paragraph that, at the time of the alleged offense, 31 the defendant
01 (A) reasonably believed that the child was in danger of physical 02 injury or in need of temporary shelter; and 03 (B) within 12 hours after taking the actions comprising the 04 alleged offense, notified a peace officer, a law enforcement agency, or the 05 Department of Health and Social Services of the name of the child and the 06 child's location. 07 * Sec. 5. AS 11.71.020(a) is amended to read: 08 (a) Except as authorized in AS 17.30, a person commits the crime of 09 misconduct involving a controlled substance in the second degree if the person 10 (1) manufactures or delivers any amount of a schedule IA controlled 11 substance or possesses any amount of a schedule IA controlled substance with intent 12 to manufacture or deliver; 13 (2) manufactures any material, compound, mixture, or preparation that 14 contains 15 (A) methamphetamine, or its salts, isomers, or salts of isomers; 16 or 17 (B) an immediate precursor of methamphetamine, or its salts, 18 isomers, or salts of isomers; 19 (3) possesses an immediate precursor of methamphetamine, or the 20 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 21 with the intent to manufacture any material, compound, mixture, or preparation that 22 contains methamphetamine, or its salts, isomers, or salts of isomers; [OR] 23 (4) possesses a listed chemical with intent to manufacture any material, 24 compound, mixture, or preparation that contains 25 (A) methamphetamine, or its salts, isomers, or salts of isomers; 26 or 27 (B) an immediate precursor of methamphetamine, or its salts, 28 isomers, or salts of isomer; 29 (5) possesses methamphetamine in an organic solution with intent 30 to extract from it methamphetamine or its salts, isomers, or salts of isomers; or 31 (6) under circumstances not proscribed under AS 11.71.010(a)(2),
01 delivers 02 (A) an immediate precursor of methamphetamine, or the 03 salts, isomers, or salts of isomers of the immediate precursor of 04 methamphetamine, to another person with reckless disregard that the 05 precursor will be used to manufacture any material, compound, mixture, 06 or preparation that contains methamphetamine, or its salts, isomers, or 07 salts of isomers; or 08 (B) a listed chemical to another person with reckless 09 disregard that the listed chemical will be used to manufacture any 10 material, compound, mixture, or preparation that contains 11 (i) methamphetamine, or its salts, isomers, or salts of 12 isomers; 13 (ii) an immediate precursor of methamphetamine, or 14 its salts, isomers, or salts of isomers; or 15 (iii) methamphetamine or its salts, isomers, or salts 16 of isomers in an organic solution. 17 * Sec. 6. AS 11.71.020 is amended by adding a new subsection to read: 18 (d) In a prosecution under (a) of this section, possession of nine grams or more 19 of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, the salts, 20 isomers, or salts of isomers of those chemicals is prima facie evidence that the person 21 intended to use the listed chemicals to manufacture, to aid or abet another person to 22 manufacture, or to deliver to another person who intends to manufacture 23 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 24 of methamphetamine or its immediate precursors. The prima facie evidence described 25 in this subsection does not apply to a person who possesses the listed chemicals 26 ephedrine, pseudoephedrine, phenylpropanolamine, or the salts, isomers, or salts of 27 isomers of those chemicals 28 (1) and the listed chemical was dispensed to the person under a valid 29 prescription; or 30 (2) in the ordinary course of a legitimate business, or an employee of a 31 legitimate business, as a
01 (A) retailer or as a wholesaler; 02 (B) wholesale drug distributor licensed by the Board of 03 Pharmacy; 04 (C) manufacturer of drug products licensed by the Board of 05 Pharmacy; 06 (D) pharmacist licensed by the Board of Pharmacy; or 07 (E) health care professional licensed by the state. 08 * Sec. 7. AS 11.71.030(a) is amended to read: 09 (a) Except as authorized in AS 17.30, a person commits the crime of 10 misconduct involving a controlled substance in the third degree if the person 11 (1) under circumstances not proscribed under AS 11.71.020(a)(2) - (6) 12 [AS 11.71.020(a)(2) - (4)], manufactures or delivers any amount of a schedule IIA or 13 IIIA controlled substance or possesses any amount of a schedule IIA or IIIA controlled 14 substance with intent to manufacture or deliver; 15 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 16 substance to a person under 19 years of age who is at least three years younger than 17 the person delivering the substance; or 18 (3) possesses any amount of a schedule IA or IIA controlled substance 19 (A) with reckless disregard that the possession occurs 20 (i) on or within 500 feet of school grounds; or 21 (ii) at or within 500 feet of a recreation or youth center; 22 or 23 (B) on a school bus. 24 * Sec. 8. AS 11.71.180 is amended by adding a new subsection to read: 25 (f) Schedule VA includes, unless specifically excepted or unless listed in 26 another schedule, any material, compound, mixture, or preparation that contains any 27 quantity of the following substances, including their salts, esters, isomers, and salts of 28 esters and isomers if those salts, esters, or isomers promote muscle growth, whenever 29 the existence of these salts, esters, and isomers is possible within the specific chemical 30 designation: anabolic steroids. In this subsection, "anabolic steroids" means any drug 31 or hormonal substance that is chemically and pharmacologically related to testosterone
01 (other than estrogens, progestins, and corticosteroids) and that promotes muscle 02 growth; "anabolic steroids" does not include an anabolic steroid that is expressly 03 intended for administration through implants to cattle or other nonhuman species and 04 that has been approved by the United States Secretary of Health and Human Services 05 for that administration, unless a person prescribes, dispenses, or distributes that type of 06 anabolic steroid for human use; "anabolic steroids" includes the following: 07 (1) boldenone; 08 (2) chlorotestosterone (4-chlorotestosterone); 09 (3) clostebol; 10 (4) dehydrochlormethyltestosterone; 11 (5) dihydrotestosterone (4-dihydrotestosterone); 12 (6) drostanolone; 13 (7) ethylestrenol; 14 (8) fluoxymesterone; 15 (9) formebulone (formebolone); 16 (10) mesterolone; 17 (11) methandienone; 18 (12) methandranone; 19 (13) methandriol; 20 (14) methandrostenolone; 21 (15) methenolone; 22 (16) methyltestosterone; 23 (17) mibolerone; 24 (18) nandrolone; 25 (19) norethandrolone; 26 (20) oxandrolone; 27 (21) oxymesterone; 28 (22) oxymetholone; 29 (23) stanolone; 30 (24) stanozolol; 31 (25) testolactone;
01 (26) testosterone; 02 (27) trenbolone. 03 * Sec. 9. AS 11.71 is amended by adding a new section to article 2 to read: 04 Sec. 11.71.210. Purchase or receipt of restricted amounts of certain listed 05 chemicals. (a) A person commits the crime of purchase or receipt of restricted 06 amounts of certain listed chemicals if the person purchases or receives more than nine 07 grams of the following listed chemical, its salts, isomers, or salts of isomers within 08 any 30-day period: 09 (1) ephedrine under AS 11.71.200(4); 10 (2) pseudoephedrine under AS 11.71.200(13); 11 (3) phenylpropanolamine under AS 11.71.200(11). 12 (b) This section does not apply to a person who lawfully purchases or receives 13 more than nine grams of a listed chemical identified in (a) of this section 14 (1) that was dispensed to the person under a valid prescription; or 15 (2) in the ordinary course of a legitimate business, or to an employee 16 of a legitimate business, as a 17 (A) retailer or as a wholesaler; 18 (B) wholesale drug distributor licensed by the Board of 19 Pharmacy; 20 (C) manufacturer of drug products licensed by the Board of 21 Pharmacy; 22 (D) pharmacist licensed by the Board of Pharmacy; or 23 (E) a health care professional licensed by the state. 24 (c) Purchase or receipt of restricted amounts of certain listed chemicals is a 25 class C felony. 26 * Sec. 10. AS 11.71.900(20) is amended to read: 27 (20) "recreation or youth center" means a building, structure, athletic 28 playing field, or playground 29 (A) run or created by a municipality or the state to provide 30 athletic, recreational, or leisure activities for minors; or 31 (B) operated by a public or private agency to provide
01 shelter, training, or guidance for minors. 02 * Sec. 11. AS 17.30 is amended by adding a new section to article 1 to read: 03 Sec. 17.30.090. Dispensation of and registration and record requirements 04 for certain listed chemicals. (a) A wholesaler, manufacturer, or distributor of 05 products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their 06 salts, isomers, or salts of isomers, or iodine or crystal iodine, shall keep complete 07 records of all transactions involving those products, including the names of all parties 08 involved in the transaction, the date of the transaction, and the amount of the drug 09 products involved. The records shall be kept readily retrievable and separate from all 10 other invoices or records of transactions not involving those products and shall be 11 maintained for not less than three years and must allow for in-person inspection of the 12 records by law enforcement officers. 13 (b) A retailer of a product or substance that contains (1) as the sole active 14 ingredient ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, 15 or salts of isomers, or (2) iodine, or crystal iodine may not sell or dispense the product 16 or substance unless the retailer confirms the identity of the purchaser by valid 17 government-issued photo identification and the retailer requires the purchaser to sign a 18 written log completed by the retailer showing the date of the transaction, name of the 19 purchaser, type of identification and the identification number, and the amount 20 dispensed. The Department of Public Safety and other law enforcement officers shall 21 have access to the log. The log and the information entered into the log is 22 confidential. The retailer may not allow access to the log or release information 23 contained within the log except to the Department of Public Safety or other law 24 enforcement officers. 25 (c) A person may not offer to sell a product or substance that contains (1) as 26 the sole active ingredient ephedrine, pseudoephedrine, or phenylpropanolamine, or 27 their salts, isomers, or salts of isomers, or (2) iodine, or crystal iodine unless that 28 product or substance is displayed behind a service counter and not accessible to the 29 public or is kept in a secured cabinet or storage area that may only be accessed by the 30 seller. 31 (d) Nothing in this section limits the authority of a person regulated by this
01 section to report to a law enforcement agency or officer suspicious purchases of a 02 chemical, product, or substance. 03 (e) Notwithstanding (a) of this section, if a municipality enacts an ordinance 04 requiring wholesalers, manufacturers, and distributors to report the information 05 maintained under (a) of this section, each wholesaler, manufacturer, and distributor 06 shall regularly report that information to the municipal police department at intervals 07 required in the ordinance. 08 (f) Upon the written request of any law enforcement agency, any wholesaler, 09 manufacturer, distributor, or a retailer shall report electronically or by mail the 10 information collected in (a) or (b) of this section for the subsequent six month period. 11 (g) In this section, 12 (1) "distributor" means a person in the state or another state, other than 13 a manufacturer or wholesaler, who sells, delivers, transfers, or in any manner furnishes 14 a drug product described in (a) of this section to a person who is not the ultimate user 15 or consumer of the product; 16 (2) "manufacturer" means a person in the state who produces, 17 compounds, packages, or in any manner initially prepares for sale or use a drug 18 product described in (a) of this section, or a person in another state if the person causes 19 the products to be compounded in, packaged in, or transported to this state; 20 (3) "readily retrievable" means available for inspection without prior 21 notice at the registration address if that address is in the state; if the registration 22 address is outside the state, "readily retrievable" means records must be furnished 23 within three working days by courier, facsimile, mail, or electronic mail; 24 (4) "wholesaler" means a person in the state or another state, other than 25 a manufacturer, who sells, transfers, or in any manner furnishes a drug product 26 described in (a) of this section to another person in the state for the purpose of the drug 27 product's being resold. 28 (h) A violation of (a), (b), or (c) of this section is a class A misdemeanor, 29 punishable upon conviction only by a fine in an amount not to exceed $10,000. A 30 wholesaler, manufacturer, or distributor that knowingly fails to report as required by 31 (d) of this section is guilty of a violation. In this subsection, "knowingly" has the
01 meaning given in AS 11.81.900(a). 02 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. This Act applies to offenses committed on or after the effective 05 date of this Act. 06 * Sec. 13. This Act takes effect July 1, 2005.