SCS CSHB 307(JUD): "An Act relating to penalizing certain misdemeanor assaults as felonies."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 307(JUD) 01 "An Act relating to penalizing certain misdemeanor assaults as felonies." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 INTENT. It is the intent of the legislature that the courts and the Department of Law 06 should ensure that the enhanced penalty under AS 11.41.220(a)(5), added by sec. 2 of this 07 Act, is applied to the perpetrators of domestic violence and not to innocent victims of 08 domestic violence. 09 * Sec. 2. AS 11.41.220(a) is amended to read: 10 (a) A person commits the crime of assault in the third degree if that person 11 (1) recklessly 12 (A) places another person in fear of imminent serious physical 13 injury by means of a dangerous instrument; 14 (B) causes physical injury to another person by means of a 15 dangerous instrument; or
01 (C) while being 18 years of age or older 02 (i) causes physical injury to a child under 10 years of 03 age and the injury would cause a reasonable caregiver to seek medical 04 attention from a health care professional in the form of diagnosis or 05 treatment; 06 (ii) causes physical injury to a child under 10 years of 07 age on more than one occasion; 08 (2) with intent to place another person in fear of death or serious 09 physical injury to the person or the person's family member makes repeated threats to 10 cause death or serious physical injury to another person; 11 (3) while being 18 years of age or older, knowingly causes physical 12 injury to a child under 16 years of age but at least 10 years of age and the injury 13 reasonably requires medical treatment; [OR] 14 (4) with criminal negligence causes serious physical injury under 15 AS 11.81.900(b)(56)(B) to another person by means of a dangerous instrument; or 16 (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) 17 and, within the preceding 10 years, the person was convicted on two or more 18 separate occasions of crimes under 19 (A) AS 11.41.100 - 11.41.170; 20 (B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 21 11.41.280, or 11.41.282; 22 (C) AS 11.41.260 or 11.41.270; 23 (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 24 (E) a law or ordinance of this or another jurisdiction with 25 elements similar to those of an offense described in (A) - (D) of this 26 paragraph. 27 * Sec. 3. AS 11.41.220 is amended by adding a new subsection to read: 28 (e) In (a)(5) of this section, when considering whether a conviction has 29 occurred in the preceding 10 years, the date that sentence is imposed is the date that a 30 previous conviction has occurred. 31 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. AS 11.41.220(a)(5), added by sec. 2 of this Act, applies to 03 offenses committed on or after the effective date of this Act. References to previous 04 convictions apply to convictions for offenses committed on or after the effective date of this 05 Act.