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.