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CSSB 70(HES): "An Act relating to controlled substances regarding the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to listing certain anabolic steroids as controlled substances; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 70(HES)                                                                    
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 relating to listing certain anabolic steroids as controlled substances; and providing for                               
04 an effective date."                                                                                                     
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 11.41.120(a) is amended to read:                                                                  
07            (a)  A person commits the crime of manslaughter if the person                                                
08                 (1)  intentionally, knowingly, or recklessly causes the death of another                                
09       person under circumstances not amounting to murder in the first or second degree;                                 
10       [OR]                                                                                                              
11                 (2)  intentionally aids another person to commit suicide; or                                        
12                 (3)  knowingly manufactures or delivers a controlled substance in                                   
13       violation of AS 11.71, and a person dies as a direct result of ingestion of the                               
14       controlled substance; the death is a result that does not require a culpable mental                           
01       state.                                                                                                        
02    * Sec. 2.  AS 11.41.120 is amended by adding a new subsection to read:                                             
03            (c)  It is an affirmative defense to a prosecution under (a)(3) of this section that                         
04                 (1)  the defendant manufactured the controlled substance for the                                        
05       defendant's own personal use;                                                                                     
06                 (2)  the controlled substance was stolen from a locked area designed for                                
07       securing valuable items or dangerous materials; and                                                               
08                 (3)  the defendant did not know or have reason to believe that the                                      
09       controlled substance would be taken from the locked area.                                                         
10    * Sec. 3.  AS 11.51.100(c) is amended to read:                                                                     
11            (c)  In this section,                                                                                        
12                 (1)  "building," in addition to its usual meaning, includes a                                       
13       propelled vehicle or structure adopted for overnight accommodation of persons                                 
14       or for conducting business; when a building consists of separate units, including                             
15       apartment units, offices, or rented rooms, each unit is considered a part of the                              
16       same building;                                                                                                
17                 (2)  "physically mistreated" means                                                                  
18                      (A) [(1)]  having committed an act punishable under                                            
19            AS 11.41.100 - 11.41.250; or                                                                                 
20                      (B) [(2)]  having applied force to a child that, under the                                     
21            circumstances in which it was applied, or considering the age or physical                                    
22            condition of the child, constitutes a gross deviation from the standard of                                   
23            conduct that a reasonable person would observe in the situation because of the                               
24            substantial and unjustifiable risk of                                                                        
25                           (i) [(A)]  death;                                                                         
26                           (ii) [(B)]  serious or protracted disfigurement;                                          
27                           (iii) [(C)]  protracted impairment of health;                                             
28                           (iv) [(D)]  loss or impairment of the function of a body                                  
29                 member or organ;                                                                                        
30                           (v) [(E)]  substantial skin bruising, burning, or other skin                              
31                 injury;                                                                                                 
01                           (vi) [(F)]  internal bleeding or subdural hematoma;                                       
02                           (vii) [(G)]  bone fracture; or                                                            
03                           (vii) [(H)]  prolonged or extreme pain, swelling, or                                      
04                 injury to soft tissue.                                                                                  
05    * Sec. 4.  AS 11.51.100(f) is amended to read:                                                                     
06            (f)  Endangering the welfare of a child in the first degree under (a)(1), (a)(2),                        
07       or (g) [OR (2)] of this section is a class C felony.                                                          
08    * Sec. 5.  AS 11.51.100 is amended by adding a new subsection to read:                                             
09            (g)  Notwithstanding AS 11.51.130, a person commits the crime of                                             
10       endangering the welfare of a child in the first degree if the person knowingly                                    
11       manufactures or attempts to manufacture methamphetamine in violation of AS 11.71                                  
12       in a building, with reckless disregard that the building is a dwelling for one or more                            
13       children under 18 years of age.                                                                                   
14    * Sec. 6.  AS 11.71.020(a) is amended to read:                                                                     
15            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
16       misconduct involving a controlled substance in the second degree if the person                                    
17                 (1)  manufactures or delivers any amount of a schedule IA controlled                                    
18       substance or possesses any amount of a schedule IA controlled substance with intent                               
19       to manufacture or deliver;                                                                                        
20                 (2)  manufactures any material, compound, mixture, or preparation that                                  
21       contains                                                                                                          
22                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
23            or                                                                                                           
24                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
25            isomers, or salts of isomers;                                                                                
26                 (3)  possesses an immediate precursor of methamphetamine, or the                                        
27       salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                
28       with the intent to manufacture any material compound, mixture, or preparation that                                
29       contains methamphetamine, or its salts, isomers, or salts of isomers; [OR]                                        
30                 (4)  possesses a listed chemical with intent to manufacture any material,                               
31       compound, mixture, or preparation that contains                                                                   
01                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
02            or                                                                                                           
03                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
04            isomers, or salts of isomers; or                                                                         
05                 (5)  possesses methamphetamine in an organic solution with intent                                   
06       to extract from the solution methamphetamine salts, isomers, or salts of isomers                              
07       [ISOMER].                                                                                                         
08    * Sec. 7.  AS 11.71.180 is amended by adding a new subsection to read:                                             
09            (f)  Schedule VA includes, unless specifically excepted or unless listed in                                  
10       another schedule, any material, compound, mixture, or preparation that contains any                               
11       quantity of the following substances, including their salts, esters, isomers, and salts of                        
12       esters and isomers if those salts, esters, or isomers promote muscle growth, whenever                             
13       the existence of these salts, esters, and isomers is possible within the specific chemical                        
14       designation:  anabolic steroids.  In this subsection, "anabolic steroids" means any drug                          
15       or hormonal substance that is chemically and pharmacologically related to testosterone                            
16       (other than estrogens, progestins, and corticosteroids) and that promotes muscle                                  
17       growth; "anabolic steroids" does not include an anabolic steroid that is expressly                                
18       intended for administration through implants to cattle or other nonhuman species and                              
19       that has been approved by the United States Secretary of Health and Human Services                                
20       for that administration, unless a person prescribes, dispenses, or distributes that type of                       
21       anabolic steroid for human use; "anabolic steroids" includes the following:                                       
22                 (1)  boldenone;                                                                                         
23                 (2)  chlorotestosterone (4-chlorotestosterone);                                                         
24                 (3)  clostebol;                                                                                         
25                 (4)  dehydrochlormethyltestosterone;                                                                    
26                 (5)  dihydrotestosterone (4-dihydrotestosterone);                                                       
27                 (6)  drostanolone;                                                                                      
28                 (7)  ethylestrenol;                                                                                     
29                 (8)  fluoxymesterone;                                                                                   
30                 (9)  formebulone (formebolone);                                                                         
31                 (10)  mesterolone;                                                                                      
01                 (11)  methandienone;                                                                                    
02                 (12)  methandranone;                                                                                    
03                 (13)  methandriol;                                                                                      
04                 (14)  methandrostenolone;                                                                               
05                 (15)  methenolone;                                                                                      
06                 (16)  methyltestosterone;                                                                               
07                 (17)  mibolerone;                                                                                       
08                 (18)  nandrolone;                                                                                       
09                 (19)  norethandrolone;                                                                                  
10                 (20)  oxandrolone;                                                                                      
11                 (21)  oxymesterone;                                                                                     
12                 (22)  oxymetholone;                                                                                     
13                 (23)  stanolone;                                                                                        
14                 (24)  stanozolol;                                                                                       
15                 (25)  testolactone;                                                                                     
16                 (26)  testosterone;                                                                                     
17                 (27)  trenbolone.                                                                                       
18    * Sec. 8.  The uncodified law of the State of Alaska is amended by adding a new section to                         
19 read:                                                                                                                   
20       APPLICABILITY.  This Act applies to offenses committed on or after the effective                                  
21 date of this Act.                                                                                                       
22    * Sec. 9.  This Act takes effect July 1, 2005.