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HB 225: "An Act relating to misconduct involving weapons and bail."

00                             HOUSE BILL NO. 225                                                                          
01 "An Act relating to misconduct involving weapons and bail."                                                             
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 11.61.200(a) is amended to read:                                                                   
04            (a)  A person commits the crime of misconduct involving weapons in the third                                 
05       degree if the person                                                                                              
06                 (1)  knowingly possesses a firearm capable of being concealed on one's                                  
07       person after having been convicted of a felony or adjudicated a delinquent minor for                              
08       conduct that would constitute a felony if committed by an adult by a court of this state,                         
09       a court of the United States, or a court of another state or territory;                                           
10                 (2)  knowingly sells or transfers a firearm capable of being concealed                                  
11       on one's person to a person who has been convicted of a felony by a court of this state,                          
12       a court of the United States, or a court of another state or territory;                                           
13                 (3)  manufactures, possesses, transports, sells, or transfers a prohibited                              
14       weapon;                                                                                                           
15                 (4)  knowingly sells or transfers a firearm to another whose physical or                                
01       mental condition is substantially impaired as a result of the introduction of an                                  
02       intoxicating liquor or controlled substance into that other person's body;                                        
03                 (5)  removes, covers, alters, or destroys the manufacturer's serial                                     
04       number on a firearm with intent to render the firearm untraceable;                                                
05                 (6)  possesses a firearm on which the manufacturer's serial number has                                  
06       been removed, covered, altered, or destroyed, knowing that the serial number has been                             
07       removed, covered, altered, or destroyed with the intent of rendering the firearm                                  
08       untraceable;                                                                                                      
09                 (7)  violates AS 11.46.320 and, during the violation, possesses on the                                  
10       person a firearm when the person's physical or mental condition is impaired as a result                           
11       of the introduction of an intoxicating liquor or controlled substance into the person's                           
12       body;                                                                                                             
13                 (8)  violates AS 11.46.320 or 11.46.330 by entering or remaining                                        
14       unlawfully on premises or in a propelled vehicle in violation of a provision of an order                          
15       issued or filed under AS 18.66.100 - 18.66.180 or issued under former                                             
16       AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the person a                                 
17       defensive weapon or a deadly weapon, other than an ordinary pocketknife;                                          
18                 (9)  communicates in person with another in violation of AS 11.56.740                                   
19       and, during the communication, possesses on the person a defensive weapon or a                                    
20       deadly weapon, other than an ordinary pocketknife;                                                                
21                 (10)  resides in a dwelling knowing that there is a firearm capable of                                  
22       being concealed on one's person or a prohibited weapon in the dwelling if the person                              
23       has been convicted of a felony by a court of this state, a court of the United States, or a                       
24       court of another state or territory, unless the person has written authorization to live in                       
25       a dwelling in which there is a concealable weapon described in this paragraph from a                              
26       court of competent jurisdiction or from the head of the law enforcement agency of the                             
27       community in which the dwelling is located;                                                                       
28                 (11)  discharges a firearm from a propelled vehicle while the vehicle is                                
29       being operated in circumstances other than described in AS 11.61.190(a)(2); [OR]                                  
30                 (12)  knowingly possesses a firearm that is concealed on the person                                     
31       after having been convicted of a felony or adjudicated a delinquent minor for conduct                             
01       that would constitute a felony if committed by an adult by a court of this state, a court                         
02       of the United States, or a court of another state or territory; or                                            
03                 (13)  knowingly possesses a firearm that is concealed on the person                                 
04       while the person is on release under AS 12.30.020 - 12.30.040 or a similar                                    
05       municipal ordinance for a crime against a person under AS 11.41, or a similar                                 
06       municipal ordinance.                                                                                          
07    * Sec. 2. AS 12.30 is amended by adding a new section to read:                                                     
08            Sec. 12.30.018. No possession of firearms while on release. A person on                                    
09       release under AS 12.30.020 - 12.30.040 for a crime against a person under AS 11.41                                
10       may not possess a firearm that is concealed on the person.                                                        
11    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
12 read:                                                                                                                   
13       APPLICABILITY. AS 12.30.018, added by sec. 2 of this Act, applies to a person on                                  
14 release for offenses committed before, on, or after the effective date of this Act.                                     
15 AS 11.61.200(a)(13), added by sec. 1 of this Act, applies to offenses committed on or after the                         
16 effective date of this Act.