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SB 70: "An Act relating to controlled substances regarding the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; and providing for an effective date."

00                             SENATE BILL NO. 70                                                                          
01 "An Act relating to controlled substances regarding the crimes of manslaughter,                                         
02 endangering the welfare of a child, and misconduct involving a controlled substance;                                    
03 and providing for an effective date."                                                                                   
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 11.41.120(a) is amended to read:                                                                  
06            (a)  A person commits the crime of manslaughter if the person                                                
07                 (1)  intentionally, knowingly, or recklessly causes the death of another                                
08       person under circumstances not amounting to murder in the first or second degree;                                 
09       [OR]                                                                                                              
10                 (2)  intentionally aids another person to commit suicide; or                                        
11                 (3)  knowingly manufactures or delivers a controlled substance in                                   
12       violation of AS 11.71, and a person dies as a direct result of ingestion of the                               
13       controlled substance; the death is a result that does not require a culpable mental                           
14       state.                                                                                                        
01    * Sec. 2.  AS 11.51.100(c) is amended to read:                                                                     
02            (c)  In this section,                                                                                        
03                 (1)  "physically mistreated" means                                                                  
04                      (A) [(1)]  having committed an act punishable under                                            
05            AS 11.41.100 - 11.41.250; or                                                                                 
06                      (B) [(2)]  having applied force to a child that, under the                                     
07            circumstances in which it was applied, or considering the age or physical                                    
08            condition of the child, constitutes a gross deviation from the standard of                                   
09            conduct that a reasonable person would observe in the situation because of the                               
10            substantial and unjustifiable risk of                                                                        
11                           (i) [(A)]  death;                                                                         
12                           (ii) [(B)]  serious or protracted disfigurement;                                          
13                           (iii) [(C)]  protracted impairment of health;                                             
14                           (iv) [(D)]  loss or impairment of the function of a body                                  
15                 member or organ;                                                                                        
16                           (v) [(E)]  substantial skin bruising, burning, or other skin                              
17                 injury;                                                                                                 
18                           (vi) [(F)]  internal bleeding or subdural hematoma;                                       
19                           (vii) [(G)]  bone fracture; or                                                            
20                           (viii) [(H)]  prolonged or extreme pain, swelling, or                                     
21                 injury to soft tissue;                                                                              
22                 (2)  "building," in addition to its usual meaning, includes any                                     
23       propelled vehicle or structure adopted for overnight accommodation of persons                                 
24       or for carrying on business; when a building consists of separate units, including                            
25       apartment units, offices, or rented rooms, each unit is considered a part of the                              
26       same building.                                                                                                
27    * Sec. 3.  AS 11.51.100(f) is amended to read:                                                                     
28            (f)  Endangering the welfare of a child in the first degree under (a)(1) or (2), or                      
29       (g) of this section is a class C felony.                                                                      
30    * Sec. 4.  AS 11.51.100 is amended by adding a new subsection to read:                                             
31            (g)  Notwithstanding AS 11.51.130, a person commits the crime of                                             
01       endangering the welfare of a child in the first degree if the person knowingly                                    
02       manufactures or attempts to manufacture methamphetamine in violation of AS 11.71                                  
03       in a building, with reckless disregard that the building is a dwelling for one or more                            
04       children under 18 years of age.                                                                                   
05    * Sec. 5.  AS 11.71.020(a) is amended to read:                                                                     
06            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
07       misconduct involving a controlled substance in the second degree if the person                                    
08                 (1)  manufactures or delivers any amount of a schedule IA controlled                                    
09       substance or possesses any amount of a schedule IA controlled substance with intent                               
10       to manufacture or deliver;                                                                                        
11                 (2)  manufactures any material, compound, mixture, or preparation that                                  
12       contains                                                                                                          
13                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
14            or                                                                                                           
15                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
16            isomers, or salts of isomers;                                                                                
17                 (3)  possesses an immediate precursor of methamphetamine, or the                                        
18       salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                
19       with the intent to manufacture any material compound, mixture, or preparation that                                
20       contains methamphetamine, or its salts, isomers, or salts of isomers; [OR]                                        
21                 (4)  possesses a listed chemical with intent to manufacture any material,                               
22       compound, mixture, or preparation that contains                                                                   
23                      (A)  methampetamine, or its salts, isomers, or salts of isomers;                                   
24            or                                                                                                           
25                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
26            isomers, or salts of isomers; or                                                                         
27                 (5)  possesses methamphetamine in an organic solution with intent                                   
28       to extract from it methamphetamine salts, isomers, or salts of isomers [ISOMER].                              
29    * Sec. 6.  The uncodified law of the State of Alaska is amended by adding a new section to                         
30 read:                                                                                                                   
31       APPLICABILITY.  The changes made in secs. 1 - 5 of this Act apply to offenses                                     
01 committed on or after the effective date of this Act.                                                                   
02    * Sec. 7.  This Act takes effect July 1, 2005.