CSHB 323(JUD): "An Act relating to furnishing or delivering alcoholic beverages to persons under 21 years of age; relating to shipping, sending, transporting, or bringing alcohol to a local option area and providing alcohol to others in the local option area, including penalties for violations; relating to reports of alcohol violations by minors; relating to certain persons who lend money on secondhand articles; relating to arson and criminally negligent burning; relating to defenses for the detention of persons suspected of committing concealment of merchandise or theft; relating to controlled substances; relating to the determination of time of a conviction; relating to issuance of search warrants; relating to persons found incompetent to stand trial concerning criminal conduct; relating to probation for certain offenses; relating to restitution for fish and game violations; relating to aggravating factors at sentencing; relating to post-conviction relief proceedings; relating to criminal extradition authority of the governor; removing the statutory bar to prosecution of certain crimes; amending Rule 37(b), Alaska Rules of Criminal Procedure, relating to execution of warrants, and Rule 35.1, Alaska Rules of Criminal Procedure; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 323(JUD) 01 "An Act relating to furnishing or delivering alcoholic beverages to persons under 21 02 years of age; relating to shipping, sending, transporting, or bringing alcohol to a local 03 option area and providing alcohol to others in the local option area, including penalties 04 for violations; relating to reports of alcohol violations by minors; relating to certain 05 persons who lend money on secondhand articles; relating to arson and criminally 06 negligent burning; relating to defenses for the detention of persons suspected of 07 committing concealment of merchandise or theft; relating to controlled substances; 08 relating to the determination of time of a conviction; relating to issuance of search 09 warrants; relating to persons found incompetent to stand trial concerning criminal 10 conduct; relating to probation for certain offenses; relating to restitution for fish and 11 game violations; relating to aggravating factors at sentencing; relating to post-conviction 12 relief proceedings; relating to criminal extradition authority of the governor; removing
01 the statutory bar to prosecution of certain crimes; amending Rule 37(b), Alaska Rules of 02 Criminal Procedure, relating to execution of warrants, and Rule 35.1, Alaska Rules of 03 Criminal Procedure; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.16.051(a) is amended to read: 06 (a) A person may not furnish or deliver an alcoholic beverage to a person 07 under the age of 21 years. This subsection does not apply to a licensee or an agent 08 or employee of a licensee while working on licensed premises. 09 * Sec. 2. AS 04.16.052 is amended to read: 10 Sec. 04.16.052. Furnishing of alcoholic beverages to persons under the age 11 of 21 by licensees. A licensee or an agent or employee of the licensee may not with 12 criminal negligence 13 (1) allow another person to sell, barter, or give an alcoholic beverage 14 to a person under the age of 21 years within licensed premises; 15 (2) allow a person under the age of 21 years to enter and remain within 16 licensed premises except as provided in AS 04.16.049; 17 (3) allow a person under the age of 21 years to consume an alcoholic 18 beverage within licensed premises; 19 (4) allow a person under the age of 21 years to sell or serve alcoholic 20 beverages; 21 (5) while working on licensed premises, furnish or deliver alcoholic 22 beverages to a person under the age of 21 years. 23 * Sec. 3. AS 04.16.200(e) is amended to read: 24 (e) A person who sends, transports, or brings alcoholic beverages into a 25 municipality or established village in violation of AS 04.11.499(a) is, upon conviction, 26 (1) except as provided in (3) of this subsection, guilty of a class A 27 misdemeanor if the quantity of alcoholic beverages is less than five [10] and one-half 28 liters of distilled spirits, 12 [24] liters of wine, or six [12] gallons of malt beverages; 29 [OR] 30 (2) guilty of a class C felony if the quantity of alcoholic beverages is
01 five [10] and one-half liters or more of distilled spirits, 12 [24] liters or more of wine, 02 or six [12] gallons or more of malt beverages; or 03 (3) guilty of a class C felony if the quantity of alcoholic beverages 04 is less than five and one-half liters of distilled spirits, 12 liters of wine, or six 05 gallons of malt beverages and the person has been previously convicted under 06 this subsection or (b) of this section two or more times within 15 years of the date 07 of the present offense. 08 * Sec. 4. AS 04.16.200 is amended by adding new subsections to read: 09 (g) Upon conviction of a class A misdemeanor under (e)(1) of this section, the 10 court 11 (1) shall impose a minimum sentence of imprisonment of 12 (A) not less than 72 consecutive hours and a fine of not less 13 than $1,500 if the person has not been previously convicted; 14 (B) not less than 20 days and a fine of not less than $10,000 if 15 the person has been previously convicted once; 16 (C) not less than 60 days and a fine of not less than $10,000 if 17 the person has been previously convicted twice and is not subject to 18 punishment under (h) of this section; 19 (D) not less than 120 days and a fine of not less than $10,000 if 20 the person has been previously convicted three times and is not subject to 21 punishment under (h) of this section; 22 (E) not less than 240 days and a fine of not less than $10,000 if 23 the person has been previously convicted four times and is not subject to 24 punishment under (h) of this section; 25 (F) not less than 360 days and a fine of not less than $10,000 if 26 the person has been previously convicted more than four times and is not 27 subject to punishment under (h) of this section; 28 (2) may not 29 (A) suspend execution of sentence or grant probation except on 30 the condition that the person 31 (i) serve the minimum imprisonment under (1) of this
01 subsection; and 02 (ii) pay the minimum fine required under (1) of this 03 subsection; or 04 (B) suspend imposition of sentence. 05 (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this 06 section, the court 07 (1) shall impose a fine of not less than $10,000 and a minimum 08 sentence of imprisonment of 09 (A) 120 days if the person has been previously convicted once; 10 (B) 240 days if the person has been previously convicted two 11 times; 12 (C) 360 days if the person has been previously convicted three 13 or more times; 14 (2) may not 15 (A) suspend execution of sentence or grant probation except on 16 the condition that the person 17 (i) serve the minimum imprisonment under (1) of this 18 subsection; and 19 (ii) pay the minimum fine required under (1) of this 20 subsection; or 21 (B) suspend imposition of sentence. 22 (i) In (g) of this section, "previously convicted" means having been convicted, 23 within the 10 years preceding the date of the present offense, of an offense under (b) 24 or (e) of this section or a law or ordinance of another jurisdiction having elements 25 similar to those offenses. 26 (j) In (h) of this section, "previously convicted" means having been convicted, 27 within the 10 years preceding the date of the present offense, of a felony offense under 28 (b) or (e) of this section or a law or ordinance of another jurisdiction having elements 29 similar to those felony offenses. 30 (k) The court shall consider the date of a previous conviction as occurring on 31 the date that sentence is imposed for the prior offense.
01 * Sec. 5. AS 08.76.010 is amended by adding a new subsection to read: 02 (b) A person who lends money on secondhand articles under (a) of this section 03 and is located in a municipality that has a population of over 5,000 shall also maintain 04 an electronic record that provides the information required by (a)(1) and (4) of this 05 section for the secondhand articles on which the person lends money. The person shall 06 submit the electronic record as required by the municipal law enforcement agency. 07 * Sec. 6. AS 08.76.020 is amended to read: 08 Sec. 08.76.020. Manner of recording entry. The entries in the book and the 09 electronic record required by AS 08.76.010 shall appear in chronological order and, 10 when made in a book, in ink or indelible pencil. Blank lines may not be left between 11 entries. Obliterations, alterations, or erasures may not be made. Corrections shall be 12 made by drawing a line [IN INK] through the entry without destroying its legibility, 13 and, when made in a book, the line shall be drawn in ink. The book shall be open 14 to the inspection of a peace officer at reasonable times. 15 * Sec. 7. AS 11.46.230(a) is amended to read: 16 (a) In a civil or criminal action upon the complaint of a person who has been 17 detained in or in the immediate vicinity of a commercial establishment for the purpose 18 of investigation or questioning as to the ownership of merchandise, it is a defense that 19 (1) the person was detained in a reasonable manner and for not more 20 than a reasonable time to permit investigation or questioning by a peace officer or by 21 the owner of the commercial establishment or the owner's agent; and 22 (2) the peace officer, owner, or owner's agent had probable cause to 23 believe that the person detained was committing or attempting to commit concealment 24 of merchandise or theft from the commercial establishment. 25 * Sec. 8. AS 11.46.295 is amended to read: 26 Sec. 11.46.295. Prior convictions. For purposes of considering prior 27 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 28 11.46.140(a)(3), or in prosecuting the crime of concealment of merchandise under 29 AS 11.46.220(c), a conviction for an offense under another law or ordinance with 30 similar elements is a conviction of an offense having elements similar to those of an 31 offense defined as such under Alaska law at the time the offense was committed. The
01 court shall consider the date of a prior conviction as occurring on the date that 02 sentence is imposed for the prior offense. 03 * Sec. 9. AS 11.46.410(a) is amended to read: 04 (a) A person commits the crime of arson in the second degree if the person 05 knowingly [INTENTIONALLY] damages a building by starting a fire or causing an 06 explosion. 07 * Sec. 10. AS 11.46 is amended by adding a new section to read: 08 Sec. 11.46.427. Criminally negligent burning in the first degree. (a) A 09 person commits the crime of criminally negligent burning in the first degree if the 10 person 11 (1) violates AS 11.46.430; and 12 (2) within the preceding 10 years, has been convicted on two separate 13 occasions of violating AS 11.46.400 - 11.46.430 or AS 41.15.150 or a law or 14 ordinance of this or another jurisdiction with elements similar to those offenses. 15 (b) Criminally negligent burning in the first degree is a class C felony. 16 * Sec. 11. AS 11.46.430 is amended to read: 17 Sec. 11.46.430. Criminally negligent burning in the second degree. (a) A 18 person commits the crime of criminally negligent burning in the second degree if 19 with criminal negligence the person damages property of another by fire or explosion. 20 (b) Criminally negligent burning in the second degree is a class A 21 misdemeanor. 22 * Sec. 12. AS 11.71.170(b) is amended by adding new paragraphs to read: 23 (30) carisprodol; 24 (31) zolpidem; 25 (32) zopiclone. 26 * Sec. 13. AS 12.35.010(a) is amended to read: 27 (a) A judicial officer may issue a search warrant upon a showing of probable 28 cause, supported by oath or affirmation, and particularly describing the place to be 29 searched and the thing to be seized. The court may issue a search warrant for a 30 place or property located either in the state or outside the state. 31 * Sec. 14. AS 12.35.015(a) is amended to read:
01 (a) A judicial officer may issue a search warrant upon the sworn oral 02 testimony of a person communicated by telephone or other appropriate means, or 03 sworn affidavit transmitted by facsimile machine [, IF THE JUDICIAL OFFICER 04 FINDS THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT 05 (1) THE PRESENTATION OF THE APPLICANT'S AFFIDAVIT OR 06 TESTIMONY PERSONALLY BEFORE THE JUDICIAL OFFICER WOULD 07 RESULT IN A DELAY IN OBTAINING OR EXECUTING A SEARCH 08 WARRANT; AND 09 (2) THE DELAY MIGHT RESULT IN LOSS OR DESTRUCTION 10 OF THE EVIDENCE SUBJECT TO SEIZURE OR MIGHT INTERFERE WITH AN 11 ONGOING INVESTIGATION]. 12 * Sec. 15. AS 12.47.110(a) is amended to read: 13 (a) When the trial court determines by a preponderance of the evidence, in 14 accordance with AS 12.47.100, that a defendant is so incompetent that the defendant is 15 unable to understand the proceedings against the defendant or to assist in the 16 defendant's own defense, the court shall order the proceedings stayed, except as 17 provided in (d) of this section shall, [AND MAY] commit a [THE] defendant 18 charged with a felony and may commit a defendant charged with any other crime 19 to the custody of the commissioner of health and social services or the commissioner's 20 authorized representative for further evaluation and treatment until the defendant is 21 mentally competent to stand trial, or until the pending charges against the defendant 22 are disposed of according to law, but in no event longer than 90 days. 23 * Sec. 16. AS 12.47.110(b) is amended to read: 24 (b) On or before the expiration of the initial 90-day period of commitment, the 25 court shall conduct a hearing to determine whether or not the defendant remains 26 incompetent. If the court finds by a preponderance of the evidence that the defendant 27 remains incompetent, the court may recommit the defendant for a second period of 90 28 days. The court shall determine at the expiration of the second 90-day period whether 29 the defendant has become competent. If, at the expiration of the second 90-day period, 30 the court determines that the defendant continues to be incompetent to stand trial, the 31 charges against the defendant shall be dismissed without prejudice, and continued
01 commitment of the defendant shall be governed by the provisions relating to civil 02 commitments under AS 47.30.700 - 47.30.915 unless the defendant is charged with a 03 crime involving force against a person and the court finds that the defendant presents a 04 substantial danger of physical injury to other persons and that there is a substantial 05 probability that the defendant will regain competency within a reasonable period of 06 time, in which case the court may extend the period of commitment for an additional 07 six months. If the defendant remains incompetent at the expiration of the additional 08 six-month period, the charges shall be dismissed without prejudice, and continued 09 [EITHER CIVIL] commitment proceedings shall be governed by the provisions 10 relating to civil commitment under AS 47.30.700 - 47.30.915 [INSTITUTED OR 11 THE COURT SHALL ORDER THE RELEASE OF THE DEFENDANT]. If the 12 defendant remains incompetent for five years after the charges have been dismissed 13 under this subsection, the defendant may not be charged again for an offense arising 14 out of the facts alleged in the original charges, except if the original charge is a class A 15 felony or unclassified felony. 16 * Sec. 17. AS 12.47.110 is amended by adding a new subsection to read: 17 (e) A defendant charged with a felony and found to be incompetent to proceed 18 under this section is rebuttably presumed to be mentally ill and to present a likelihood 19 of serious harm to self or others in proceedings under AS 47.30.700 - 47.30.915. In 20 evaluating whether a defendant is likely to cause serious harm, the court may consider 21 as recent behavior the conduct with which the defendant was originally charged. 22 * Sec. 18. AS 12.55.090(a) is amended to read: 23 (a) Probation may be granted whether the offense under AS 11 or AS 16 or 24 the crime is punishable by fine or imprisonment or both. If an offense under AS 11 25 or AS 16 or a crime is punishable by both fine and imprisonment, the court may 26 impose a fine and place the defendant on probation as to imprisonment. Probation may 27 be limited to one or more counts or indictments, but, in the absence of express 28 limitation, shall extend to the entire sentence and judgment. 29 * Sec. 19. AS 12.55.155(c)(8) is amended to read: 30 (8) the defendant's prior criminal history includes conduct involving 31 aggravated assaultive behavior or repeated instances of assaultive behavior; in this
01 paragraph, "aggravated assaultive behavior" means assault that is a felony 02 under AS 11.41, or a similar provision in another jurisdiction; 03 * Sec. 20. AS 12.55.155(f) is amended to read: 04 (f) If the state seeks to establish a factor in aggravation at sentencing 05 (1) under (c)(7), (8), (12), (15), (18)(B), (19), (20), (21), or (31) of this 06 section, or if the defendant seeks to establish a factor in mitigation at sentencing, 07 written notice must be served on the opposing party and filed with the court not later 08 than 10 days before the date set for imposition of sentence; the factors in aggravation 09 listed in this paragraph and factors in mitigation must be established by clear and 10 convincing evidence before the court sitting without a jury; all findings must be set out 11 with specificity; 12 (2) other than one listed in (1) of this subsection, the factor shall be 13 presented to a trial jury under procedures set by the court, unless the defendant waives 14 trail by jury, stipulates to the existence of the factor, or consents to have the factor 15 proven under procedures set out in (1) of this subsection; a factor in aggravation 16 presented to a jury is established if proved beyond a reasonable doubt; written notice 17 of the intent to establish a factor in aggravation must be served on the defendant and 18 filed with the court 19 (A) 20 days before trial, or at another time specified by the 20 court; 21 (B) within 48 hours, or at a time specified by the court, if the 22 court instructs the jury about the option to return a verdict for a lesser included 23 offense; or 24 (C) five days before entering a plea that results in a finding of 25 guilt, or at another time specified by the court. 26 * Sec. 21. AS 12.70.280(2) is amended to read: 27 (2) "governor" includes 28 (A) a person performing the functions of governor by authority 29 of the law of this state; and 30 (B) the lieutenant governor or the head of a principal 31 department in the executive branch appointed by the governor to act on
01 behalf of the governor in performing extradition duties under this 02 chapter; the appointment shall be in writing and filed with the lieutenant 03 governor; 04 * Sec. 22. AS 12.72.020(a) is amended to read: 05 (a) A claim may not be brought under AS 12.72.010 or the Alaska Rules of 06 Criminal Procedure if 07 (1) the claim is based on the admission or exclusion of evidence at trial 08 or on the ground that the sentence is excessive; 09 (2) the claim was, or could have been but was not, raised in a direct 10 appeal from the proceeding that resulted in the conviction; 11 (3) the later of the following dates has passed, except that if the 12 applicant claims that the sentence was illegal there is no time limit on the claim: 13 (A) if the claim relates to a conviction, one year [TWO 14 YEARS] after the entry of the judgment of the conviction or, if the conviction 15 was appealed, one year after the court's decision is final under the Alaska 16 Rules of Appellate Procedure; 17 (B) if the claim relates to a court revocation of probation, one 18 year [TWO YEARS] after the entry of the court order revoking probation or, if 19 the order revoking probation was appealed, one year after the court's decision 20 is final under the Alaska Rules of Appellate Procedure; 21 (4) one year or more has elapsed from the final administrative decision 22 of the Board of Parole or the Department of Corrections that is being collaterally 23 attacked; 24 (5) the claim was decided on its merits or on procedural grounds in any 25 previous proceeding; or 26 (6) a previous application for post-conviction relief has been filed 27 under this chapter or under the Alaska Rules of Criminal Procedure. 28 * Sec. 23. AS 12.72.020(b) is amended to read: 29 (b) Notwithstanding (a)(3) and (4) of this section, a court may hear a claim 30 (1) if the applicant establishes due diligence in presenting the claim 31 and sets out facts supported by admissible evidence establishing that the applicant
01 (A) suffered from a physical disability or from a mental disease 02 or defect that precluded the timely assertion of the claim; or 03 (B) was physically prevented by an agent of the state from 04 filing a timely claim; 05 (2) based on newly discovered evidence if the applicant establishes due 06 diligence in presenting the claim and sets out facts supported by evidence that is 07 admissible and 08 (A) was not known within 09 (i) one year [TWO YEARS] after entry of the judgment 10 of conviction if the claim relates to a conviction; 11 (ii) one year [TWO YEARS] after entry of a court 12 order revoking probation if the claim relates to a court's revocation of 13 probation; or 14 (iii) one year after an administrative decision of the 15 Board of Parole or the Department of Corrections is final if the claim 16 relates to the administrative decision; 17 (B) is not cumulative to the evidence presented at trial; 18 (C) is not impeachment evidence; and 19 (D) establishes by clear and convincing evidence that the 20 applicant is innocent. 21 * Sec. 24. AS 12.72.020 is amended by adding a new subsection to read: 22 (d) The court may not consider a substantive claim in an application brought 23 under AS 12.72.010 or the Alaska Rules of Criminal Procedure until the court has first 24 determined that 25 (1) the application is timely; and 26 (2) except for an application described in AS 12.72.025 or allowed 27 under (c) of this section, no previous application has been filed. 28 * Sec. 25. AS 16.05.925(b) is amended to read: 29 (b) In addition to a penalty imposed under (a) of this section or any other 30 penalty for violation of this title or a regulation adopted under this title, a person 31 who is convicted of unlawfully taking an animal listed in this subsection may be
01 ordered by the court to pay restitution to the state in the amount set out in this 02 subsection for each animal unlawfully taken: 03 (1) Bear, black ............................................................................ $ 600 04 (2) Bear, brown or grizzly .......................................................... 1,300 05 (3) Bison ..................................................................................... 1,300 06 (4) Caribou ..................................................................................... 850 07 (5) Deer .......................................................................................... 400 08 (6) Elk ............................................................................................ 80 09 (7) Goat .......................................................................................... 800 10 (8) Moose .................................................................................... 1,000 11 (9) Musk oxen ............................................................................. 3,000 12 (10) Sheep ................................................................................... 1,100 13 (11) Wolf ....................................................................................... 500 14 (12) Wolverine .............................................................................. 500. 15 * Sec. 26. AS 28.15.191(a) is amended to read: 16 (a) A court that convicts a person of an offense under this title or a regulation 17 adopted under this title, or another law or regulation of this state [,] or a municipal 18 ordinance that regulates the driving of vehicles, or a violation of AS 04.16.050 shall 19 forward a record of the conviction to the department within five working days. A 20 conviction of a standing or parking offense need not be reported. 21 * Sec. 27. AS 28.35.028(a) is amended to read: 22 (a) Notwithstanding another provision of law, with the consent of the state and 23 the defendant, the court may elect to proceed in a criminal case under AS 04.16.200(b) 24 or (e), AS 28.35.030, or 28.35.032, including the case of a defendant charged with 25 violating the terms of probation, under the procedure provided in this section and 26 order the defendant to complete a court-ordered treatment program. The state may not 27 consent to a referral under this subsection unless the state has consulted with the 28 victim and explained the process and consequences of the referral to the victim. A 29 court may not elect to proceed under this section if the defendant has previously 30 participated in a court-ordered treatment program under this section two or more 31 times.
01 * Sec. 28. AS 47.30.780 is amended to read: 02 Sec. 47.30.780. Early discharge. Except as provided in (b) of this section, 03 the [THE] professional person in charge shall at any time discharge a respondent on 04 the ground that the respondent is no longer gravely disabled or likely to cause serious 05 harm as a result of mental illness. A certificate to this effect shall be sent to the court, 06 which shall enter an order officially terminating the involuntary commitment. 07 * Sec. 29. AS 47.30.780 is amended to add a new subsection to read: 08 (b) The professional person in charge shall give the prosecuting authority 10 09 days' notice before discharging a respondent who was committed after having been 10 found incompetent to proceed under AS 12.47.110. 11 * Sec. 30. The uncodified law of the State of Alaska enacted in sec. 36(c), ch. 24, SLA 12 2007, is amended to read: 13 (c) AS 12.72.025, enacted by sec. 25, ch. 24, SLA 2007 [OF THIS ACT], 14 applies to offenses committed before, on, or after the effective date of sec. 25, ch. 24, 15 SLA 2007 [OF THIS ACT]. A person whose application for post-conviction relief was 16 denied before the effective date of sec. 25, ch. 24, SLA 2007 [OF THIS ACT] has 17 until July 1, 2008, to file a claim described in AS 12.72.025. This subsection does not 18 authorize filing a claim under AS 12.72 or the Alaska Rules of Criminal 19 Procedure that is not otherwise available under AS 12.72, the Alaska Rules of 20 Criminal Procedure, or other provision of law. 21 * Sec. 31. AS 12.35.015(f) is repealed. 22 * Sec. 32. AS 11.71.310 and AS 12.20.010 are repealed. 23 * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 DIRECT COURT RULE AMENDMENT. Rule 37(b), Alaska Rules of 26 Criminal Procedure, is amended to read: 27 (b) Execution and Return with Inventory. The warrant shall be executed 28 and returned within 30 [10] days after its date of issuance. However, upon sworn 29 application made before the expiration of the initial 30 [10] day period or any 30 subsequent extension, the court may for good cause extend the execution period for a 31 reasonable time not to exceed 30 [10] days. Good cause includes protecting the
01 confidentiality of an ongoing investigation and protecting a person working with 02 law enforcement authorities on an investigation. The officer taking property under 03 the warrant 04 (1) shall give to the person from whom or from whose premises the 05 property was taken a copy of the warrant, a copy of the supporting affidavits, and 06 receipt for the property taken, or 07 (2) shall leave the copies and the receipt at the place from which the 08 property was taken. 09 The return shall be made promptly and shall be accompanied by a 10 written inventory of any property taken as a result of the search pursuant to or in 11 conjunction with the warrant. The inventory shall be made in the presence of the 12 applicant for the warrant and the person from whose possession or premises the 13 property was taken, if they are present, or in the presence of at least one credible 14 person other than the applicant for the warrant or the person from whose possession or 15 premises the property was taken, and shall be signed by the officer under the penalty 16 of perjury pursuant to AS 09.63.020 or sworn to in front of a magistrate or judge, or a 17 notary public. The magistrate or judge or the court to which the return is made shall 18 upon request deliver a copy of the inventory to the person from whom or from whose 19 premises the property was taken and to the applicant for the warrant. 20 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 INDIRECT COURT RULE AMENDMENT. The provisions of AS 12.72.020(a) and 23 (b), as amended by secs. 22 and 23 of this Act, and the provisions of AS 12.72.020(d), as 24 added by sec. 24 of this Act, have the effect of amending Rule 35.1, Alaska Rule of Criminal 25 Procedure, by restricting the authority of a court to hear certain applications, claims, or 26 proceedings for post-conviction relief and by prescribing a procedure for a court to determine 27 if an application, claim, or proceeding may be considered. 28 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. (a) Sections 1 - 4, 9, 12, 18 - 20, 25 - 27, and 32 of this Act apply 31 to an offense occurring on or after the effective date of this section. References to previous
01 convictions in secs. 3 and 4 of this Act apply to convictions occurring before, on, or after the 02 effective date of those sections. 03 (b) Section 8 of this Act applies to an offense occurring before, on, or after the 04 effective date of this section. 05 (c) Sections 13, 14, 31, and 33 of this Act apply to search warrants applied for on or 06 after the effective date of this section, regardless of whether the offense occurred before, on, 07 or after the effective date of this section. 08 (d) Sections 15 - 17, 28, and 29 of this Act apply to procedures occurring after the 09 effective date of this section, regardless of whether the offense occurred before, on, or after 10 the effective date of this section. 11 (e) Section 21 of this Act applies to applications for criminal extraditions submitted 12 on or after the effective date of this section, regardless of whether the offense occurred before, 13 on, or after the effective date of this section. 14 (f) Section 7 of this Act applies to offenses occurring and actions arising on or after 15 the effective date of this section. 16 (g) Sections 22 - 24 and 34 of this Act apply to applications submitted on or after the 17 effective date of this section. 18 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 RETROACTIVITY. Section 30 of this Act is retroactive to July 1, 2007. 21 * Sec. 37. Sections 30 and 36 of this Act take effect immediately under AS 01.10.070(c). 22 * Sec. 38. Except as provided in sec. 37 of this Act, this Act takes effect July 1, 2008.