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CSSB 70(JUD): "An Act relating to controlled substances regarding the crimes of manslaughter and misconduct involving a controlled substance; relating to listing certain anabolic steroids as controlled substances; amending Rule 41, Alaska Rules of Criminal Procedure; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 70(JUD)                                                                    
01 "An Act relating to controlled substances regarding the crimes of manslaughter and                                      
02 misconduct involving a controlled substance; relating to listing certain anabolic steroids                              
03 as controlled substances; amending Rule 41, Alaska Rules of Criminal Procedure; and                                     
04 providing for an effective date."                                                                                       
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
07 to read:                                                                                                                
08       FINDINGS.  The legislature finds that the illegal manufacturing of methamphetamine                                
09 of the type that is generally encountered in Alaska subjects anyone within a wide area to the                           
10 risk of fire, explosion, and toxic chemicals in gaseous, liquid, and solid form.  This activity                         
11 presents such a high level of danger to the community and to law enforcement and                                        
12 environmental personnel that the mandatory minimum cash bail required by sec. 6 of this Act                             
13 is justified for defendants described in that section.                                                                  
14    * Sec. 2.  AS 11.41.120(a) is amended to read:                                                                     
01            (a)  A person commits the crime of manslaughter if the person                                                
02                 (1)  intentionally, knowingly, or recklessly causes the death of another                                
03       person under circumstances not amounting to murder in the first or second degree;                                 
04       [OR]                                                                                                              
05                 (2)  intentionally aids another person to commit suicide; or                                        
06                 (3)  knowingly manufactures or delivers a controlled substance in                                   
07       violation of AS 11.71, and a person dies as a direct result of ingesting the                                  
08       controlled substance; the death is a result that does not require a culpable mental                           
09       state; in this paragraph, "ingesting" means voluntarily or involuntarily taking a                             
10       substance into the body in any manner.                                                                        
11    * Sec. 3.  AS 11.41.120 is amended by adding a new subsection to read:                                             
12            (c)  It is an affirmative defense to a prosecution under (a)(3) of this section that                         
13                 (1)  the defendant manufactured the controlled substance for the                                        
14       defendant's own personal use;                                                                                     
15                 (2)  the controlled substance was stolen from a locked area designed for                                
16       securing valuable items or dangerous materials; and                                                               
17                 (3)  the defendant did not know or have reason to believe that the                                      
18       controlled substance would be taken from the locked area.                                                         
19    * Sec. 4.  AS 11.71.020(a) is amended to read:                                                                     
20            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
21       misconduct involving a controlled substance in the second degree if the person                                    
22                 (1)  manufactures or delivers any amount of a schedule IA controlled                                    
23       substance or possesses any amount of a schedule IA controlled substance with intent                               
24       to manufacture or deliver;                                                                                        
25                 (2)  manufactures any material, compound, mixture, or preparation that                                  
26       contains                                                                                                          
27                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
28            or                                                                                                           
29                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
30            isomers, or salts of isomers;                                                                                
31                 (3)  possesses an immediate precursor of methamphetamine, or the                                        
01       salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                
02       with the intent to manufacture any material compound, mixture, or preparation that                                
03       contains methamphetamine, or its salts, isomers, or salts of isomers; [OR]                                        
04                 (4)  possesses a listed chemical with intent to manufacture any material,                               
05       compound, mixture, or preparation that contains                                                                   
06                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
07            or                                                                                                           
08                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
09            isomers, or salts of isomers; or                                                                         
10                 (5)  possesses methamphetamine in an organic solution with intent                                   
11       to extract from the solution methamphetamine salts, isomers, or salts of isomers                              
12       [ISOMER].                                                                                                         
13    * Sec. 5.  AS 11.71.180 is amended by adding a new subsection to read:                                             
14            (f)  Schedule VA includes, unless specifically excepted or unless listed in                                  
15       another schedule, any material, compound, mixture, or preparation that contains any                               
16       quantity of the following substances, including their salts, esters, isomers, and salts of                        
17       esters and isomers if those salts, esters, or isomers promote muscle growth, whenever                             
18       the existence of these salts, esters, and isomers is possible within the specific chemical                        
19       designation:  anabolic steroids.  In this subsection, "anabolic steroids" means any drug                          
20       or hormonal substance that is chemically and pharmacologically related to testosterone                            
21       (other than estrogens, progestins, and corticosteroids) and that promotes muscle                                  
22       growth; "anabolic steroids" does not include an anabolic steroid that is expressly                                
23       intended for administration through implants to cattle or other nonhuman species and                              
24       that has been approved by the United States Secretary of Health and Human Services                                
25       for that administration, unless a person prescribes, dispenses, or distributes that type of                       
26       anabolic steroid for human use; "anabolic steroids" includes, but is not limited to, the                          
27       following:                                                                                                        
28                 (1)  boldenone;                                                                                         
29                 (2)  chlorotestosterone (4-chlorotestosterone);                                                         
30                 (3)  clostebol;                                                                                         
31                 (4)  dehydrochlormethyltestosterone;                                                                    
01                 (5)  dihydrotestosterone (4-dihydrotestosterone);                                                       
02                 (6)  drostanolone;                                                                                      
03                 (7)  ethylestrenol;                                                                                     
04                 (8)  fluoxymesterone;                                                                                   
05                 (9)  formebulone (formebolone);                                                                         
06                 (10)  mesterolone;                                                                                      
07                 (11)  methandienone;                                                                                    
08                 (12)  methandranone;                                                                                    
09                 (13)  methandriol;                                                                                      
10                 (14)  methandrostenolone;                                                                               
11                 (15)  methenolone;                                                                                      
12                 (16)  methyltestosterone;                                                                               
13                 (17)  mibolerone;                                                                                       
14                 (18)  nandrolone;                                                                                       
15                 (19)  norethandrolone;                                                                                  
16                 (20)  oxandrolone;                                                                                      
17                 (21)  oxymesterone;                                                                                     
18                 (22)  oxymetholone;                                                                                     
19                 (23)  stanolone;                                                                                        
20                 (24)  stanozolol;                                                                                       
21                 (25)  testolactone;                                                                                     
22                 (26)  testosterone;                                                                                     
23                 (27)  trenbolone.                                                                                       
24    * Sec. 6.  AS 12.30.023 is amended by adding a new subsection to read:                                             
25            (b)  In addition to conditions the court may impose under (a) of this section and                            
26       notwithstanding other provisions in this chapter, if the defendant is charged with                                
27       manufacturing methamphetamine under AS 11.71.020(a)(2), unless the defendant                                      
28       proves to the satisfaction of the court that the defendant's only role in the offense was                         
29       as an aider or abettor and that the defendant did not stand to benefit financially from                           
30       the manufacturing, the court shall require the posting of a minimum of $250,000 cash                              
31       bond if the defendant                                                                                             
01                 (1)  possessed a firearm while engaged in the manufacturing; or                                         
02                 (2)  has previously been convicted in this or another jurisdiction of                                   
03       manufacturing, delivering, or possessing methamphetamine.                                                         
04    * Sec. 7.  AS 12.55.125(c), as amended by ch. 2, sec. 8, SLA 2005, is amended to read:                             
05            (c)  Except as provided in (i) of this section, a defendant convicted of a class A                           
06       felony may be sentenced to a definite term of imprisonment of not more than 20 years,                             
07       and shall be sentenced to a definite term within the following presumptive ranges,                                
08       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
09                 (1)  if the offense is a first felony conviction and does not involve                                   
10       circumstances described in (2) of this subsection, five to eight years;                                           
11                 (2)  if the offense is a first felony conviction                                                        
12                      (A)  and the defendant possessed a firearm, used a dangerous                                   
13            instrument, or caused serious physical injury or death during the commission                                 
14            of the offense, or knowingly directed the conduct constituting the offense at a                              
15            uniformed or otherwise clearly identified peace officer, fire fighter,                                       
16            correctional employee, emergency medical technician, paramedic, ambulance                                    
17            attendant, or other emergency responder who was engaged in the performance                                   
18            of official duties at the time of the offense, seven to 11 years;                                            
19                      (B)  and the conviction is for manufacturing related to                                        
20            methamphetamine under AS 11.71.020(a)(2)(A) or (B), seven to 11 years,                                   
21            if                                                                                                       
22                           (i)  the manufacturing occurred in a building with                                        
23                 reckless disregard that the building was used as a permanent or                                     
24                 temporary home or place of lodging for one or more children                                         
25                 under 18 years of age or the building was a place frequented by                                     
26                 children; or                                                                                        
27                           (ii)  in the course of manufacturing or in preparation                                    
28                 for manufacturing, the defendant obtained the assistance of one or                                  
29                 more children under 18 years of age or one or more children were                                    
30                 present;                                                                                            
31                 (3)  if the offense is a second felony conviction, 10 to 14 years;                                      
01                 (4)  if the offense is a third felony conviction and the defendant is not                               
02       subject to sentencing under (l) of this section, 15 to 20 years.                                                  
03    * Sec. 8.  AS 12.55.125(d), as amended by ch. 2, sec. 9, SLA 2005, is amended to read:                             
04            (d)  Except as provided in (i) of this section, a defendant convicted of a class B                           
05       felony may be sentenced to a definite term of imprisonment of not more than 10 years,                             
06       and shall be sentenced to a definite term within the following presumptive ranges,                                
07       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
08                 (1)  if the offense is a first felony conviction and does not involve                                   
09       circumstances described in (2) of this subsection, one to three years; a defendant                                
10       sentenced under this paragraph may, if the court finds it appropriate, be granted a                               
11       suspended imposition of sentence under AS 12.55.085 if, as a condition of probation                               
12       under AS 12.55.086, the defendant is required to serve an active term of imprisonment                             
13       within the range specified in this paragraph, unless the court finds that a mitigation                            
14       factor under AS 12.55.155 applies;                                                                                
15                 (2)  if the offense is a first felony conviction,                                                       
16                      (A)  the defendant violated AS 11.41.130, and the victim was a                                 
17            child under 16 years of age, two to four years;                                                              
18                      (B)  two to four years if the conviction is for an attempt,                                    
19            solicitation, or conspiracy to manufacture related to methamphetamine                                    
20            under AS 11.31 and AS 11.71.020(a)(2)(A) or (B), and                                                     
21                           (i)  the attempted manufacturing occurred, or the                                         
22                 solicited or conspired offense was to have occurred, in a building                                  
23                 with reckless disregard that the building was used as a permanent                                   
24                 or temporary home or place of lodging for one or more children                                      
25                 under 18 years of age or the building was a place frequented by                                     
26                 children; or                                                                                        
27                           (ii)  in the course of an attempt to manufacture, the                                     
28                 defendant obtained the assistance of one or more children under 18                                  
29                 years of age or one or more children were present;                                                  
30                 (3)  if the offense is a second felony conviction, four to seven years;                                 
31                 (4)  if the offense is a third felony conviction, six to 10 years.                                      
01    * Sec. 9.  AS 12.55.185 is amended by adding a new paragraph to read:                                              
02                 (1)  "building," in addition to its usual meaning, includes any propelled                               
03       vehicle or structure adopted for overnight accommodation of persons or for carrying                               
04       on business; when a building consists of separate units, including apartment units,                               
05       offices, or rented rooms, each unit is considered a part of the same building.                                    
06    * Sec. 10.  The uncodified law of the State of Alaska is amended by adding a new section to                        
07 read:                                                                                                                   
08       INDIRECT COURT RULE AMENDMENT.  Section 6 of this Act has the effect of                                           
09 amending Rule 41, Alaska Rules of Criminal Procedure, by limiting the type and amount of                                
10 bond that can be posted to secure the pretrial release of certain defendants charged with                               
11 manufacturing methamphetamine under AS 11.71.020(a)(2).                                                                 
12    * Sec. 11.  The uncodified law of the State of Alaska is amended by adding a new section to                        
13 read:                                                                                                                   
14       APPLICABILITY.  This Act applies to offenses committed on or after the effective                                  
15 date of this Act.                                                                                                       
16    * Sec. 12.  This Act takes effect July 1, 2005.