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HB 307: "An Act relating to penalizing certain misdemeanor domestic violence offenses as felonies."

00 HOUSE BILL NO. 307 01 "An Act relating to penalizing certain misdemeanor domestic violence offenses as 02 felonies." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 INTENT. It is the intent of the legislature that, before accepting a plea, a court shall 07 make a factual finding that the defendant in a domestic violence case subject to an enhanced 08 penalty under AS 11.21.100, added by sec. 2 of this Act, was the perpetrator of the crime and 09 not an innocent victim of domestic violence. 10 * Sec. 2. AS 11 is amended by adding a new chapter to read: 11 Chapter 21. Enhanced Penalties for Certain Offenses. 12 Sec. 11.21.100. Enhanced penalties for certain domestic violence offenses. 13 If a person commits a crime involving domestic violence that is a misdemeanor crime 14 against a person under AS 11.41 and the person has been previously convicted on two

01 or more separate occasions of crimes involving domestic violence that are crimes 02 against a person under AS 11.41, then the crime is increased to a class C felony, and 03 the penalty for conviction of that crime is increased to the penalty for a class C felony. 04 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. AS 11.21.100, added by sec. 2 of this Act, applies to offenses 07 committed on or after the effective date of this Act. References to previous convictions 08 include convictions before, on, or after the effective date of this Act.