SB 6: "An Act relating to offenses or juvenile delinquency acts involving the victim's race, sex, color, creed, physical or mental disability, sexual orientation, ancestry, or national origin; relating to sentencing, informal adjustment, and adjudication for those offenses and acts; relating to diversity tolerance programs; relating to a civil cause of action for certain acts involving discriminatory harassment; and providing for an effective date."
00 SENATE BILL NO. 6 01 "An Act relating to offenses or juvenile delinquency acts involving the victim's race, sex, 02 color, creed, physical or mental disability, sexual orientation, ancestry, or national 03 origin; relating to sentencing, informal adjustment, and adjudication for those offenses 04 and acts; relating to diversity tolerance programs; relating to a civil cause of action for 05 certain acts involving discriminatory harassment; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 09.55 is amended by adding a new section to read: 08 Sec. 09.55.670. Discriminatory harassment action. (a) An individual may 09 maintain a civil action for discriminatory harassment against another, or against the 10 parent or legal guardian of a minor, who has caused physical injury to the individual, 11 or damage to the property of the individual, with the intent to intimidate or harass the 12 individual because of the individual's actual or perceived race, sex, color, creed, 13 physical or mental disability, sexual orientation, ancestry, or national origin.
01 (b) An action may not be maintained under this section against 02 (1) the state, an agency or instrumentality of the state, or a political 03 subdivision of the state; 04 (2) an agent, officer, or employee of an entity described in (1) of this 05 subsection; 06 (3) an individual working in or responsible for the operation under 07 AS 47 of a foster, receiving, or detention home or children's institution, regarding the 08 acts of an unemancipated minor in the charge or custody of the home or institution; or 09 (4) an employee of or a volunteer with a nonprofit corporation that 10 designates shelters for runaways under AS 47.10.392 - 47.10.399, regarding the acts of 11 a minor sheltered in a shelter for runaways, as defined in AS 47.10.399. 12 (c) Compensatory and punitive damages may be awarded to a prevailing 13 claimant in an action brought under this section. Under this section, an award against 14 the parent or legal guardian of a minor for damages caused by the minor must be 15 based on the reckless or intentional conduct of the parent or legal guardian having 16 actual care and custody of the minor. 17 (d) An award of damages under this section does not preclude an individual 18 from seeking other remedies available under other law. 19 * Sec. 2. AS 11.31 is amended by adding a new section to read: 20 Article 1. Motivation by Hatred, Bias, or Prejudice. 21 Sec. 11.31.200. Motivation by prejudice, bias, or hatred. (a) A person 22 commits the crime of motivation by prejudice, bias, or hatred if the person commits a 23 crime in this title and the person knowingly directed the conduct constituting the crime 24 at the victim of the crime because of the victim's actual or perceived race, sex, color, 25 creed, physical or mental disability, sexual orientation, ancestry, or national origin. 26 (b) Motivation by prejudice, bias, or hatred is a 27 (1) class A misdemeanor if the crime committed is a class B 28 misdemeanor; 29 (2) class C felony if the crime committed is a class A misdemeanor; 30 (3) class B felony if the crime committed is a class C felony; 31 (4) class A felony if the crime committed is a class B felony;
01 (5) unclassified felony if the crime committed is a class A felony or 02 unclassified felony. 03 * Sec. 3. AS 11.81.250(a) is amended to read: 04 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 05 title, except murder in the first and second degree, attempted murder in the first 06 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 07 in the first degree, murder of an unborn child, sexual assault in the first degree, sexual 08 abuse of a minor in the first degree, misconduct involving a controlled substance in the 09 first degree, a class A felony when motivated by prejudice, bias, or hatred, and 10 kidnapping, are classified on the basis of their seriousness, according to the type of 11 injury characteristically caused or risked by commission of the offense and the 12 culpability of the offender. Except for murder in the first and second degree, attempted 13 murder in the first degree, solicitation to commit murder in the first degree, conspiracy 14 to commit murder in the first degree, murder of an unborn child, sexual assault in the 15 first degree, sexual abuse of a minor in the first degree, misconduct involving a 16 controlled substance in the first degree, a class A felony when motivated by 17 prejudice, bias, or hatred, and kidnapping, the offenses in this title are classified into 18 the following categories: 19 (1) class A felonies, which characteristically involve conduct resulting 20 in serious physical injury or a substantial risk of serious physical injury to a person; 21 (2) class B felonies, which characteristically involve conduct resulting 22 in less severe violence against a person than class A felonies, aggravated offenses 23 against property interests, or aggravated offenses against public administration or 24 order; 25 (3) class C felonies, which characteristically involve conduct serious 26 enough to deserve felony classification but not serious enough to be classified as A or 27 B felonies; 28 (4) class A misdemeanors, which characteristically involve less severe 29 violence against a person, less serious offenses against property interests, less serious 30 offenses against public administration or order, or less serious offenses against public 31 health and decency than felonies;
01 (5) class B misdemeanors, which characteristically involve a minor 02 risk of physical injury to a person, minor offenses against property interests, minor 03 offenses against public administration or order, or minor offenses against public health 04 and decency; 05 (6) violations, which characteristically involve conduct inappropriate 06 to an orderly society but which do not denote criminality in their commission. 07 * Sec. 4. AS 11.81.250(b) is amended to read: 08 (b) The classification of each felony defined in this title, except murder in the 09 first and second degree, attempted murder in the first degree, solicitation to commit 10 murder in the first degree, conspiracy to commit murder in the first degree, murder of 11 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 12 degree, misconduct involving a controlled substance in the first degree, a class A 13 felony when motivated by prejudice, bias, or hatred, and kidnapping, is designated 14 in the section defining it. A felony under Alaska law defined outside this title for 15 which no penalty is specifically provided is a class C felony. 16 * Sec. 5. AS 12.55.085(f) is amended to read: 17 (f) The court may not suspend the imposition of sentence of a person who 18 (1) is convicted of a violation of AS 11.31.200, AS 11.41.100 - 19 11.41.220, 11.41.260 - 11.41.320, 11.41.410 - 11.41.530, or AS 11.46.400; 20 (2) uses a firearm in the commission of the offense for which the 21 person is convicted; [OR] 22 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 23 and the person has one or more prior convictions for a misdemeanor violation of 24 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 25 having substantially similar elements to an offense defined as a misdemeanor in 26 AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall 27 be considered to have a prior conviction even if that conviction has been set aside 28 under (e) of this section or under the equivalent provision of the laws of another 29 jurisdiction; or 30 (4) is convicted of an offense and knowingly directed the conduct 31 constituting the offense at a victim because of that person's actual or perceived
01 race, sex, color, creed, physical or mental disability, sexual orientation, ancestry, 02 or national origin. 03 * Sec. 6. AS 12.55.125(b) is amended to read: 04 (b) A defendant convicted of attempted murder in the first degree, solicitation 05 to commit murder in the first degree, conspiracy to commit murder in the first degree, 06 kidnapping, a class A felony when motivated by prejudice, bias, or hatred, or 07 misconduct involving a controlled substance in the first degree shall be sentenced to a 08 definite term of imprisonment of at least five years but not more than 99 years. A 09 defendant convicted of murder in the second degree or murder of an unborn child 10 under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment 11 of at least 10 years but not more than 99 years. A defendant convicted of murder in the 12 second degree shall be sentenced to a definite term of imprisonment of at least 20 13 years but not more than 99 years when the defendant is convicted of the murder of a 14 child under 16 years of age and the court finds by clear and convincing evidence that 15 the defendant (1) was a natural parent, a stepparent, an adoptive [ADOPTED] parent, 16 a legal guardian, or a person occupying a position of authority in relation to the child; 17 or (2) caused the death of the child by committing a crime against a person under 18 AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 19 authority" have the meanings given in AS 11.41.470. 20 * Sec. 7. AS 12.55.135(i) is amended to read: 21 (i) If a defendant is sentenced under (g) or (l) of this section, 22 (1) execution of sentence may not be suspended and probation or 23 parole may not be granted until the minimum term of imprisonment has been served; 24 (2) imposition of sentence may not be suspended; 25 (3) the minimum term of imprisonment may not otherwise be reduced. 26 * Sec. 8. AS 12.55.135(k) is amended by adding a new paragraph to read: 27 (4) "hate crime" means an offense where the defendant knowingly 28 directed the conduct constituting the offense at a victim because of that person's actual 29 or perceived race, sex, color, creed, physical or mental disability, sexual orientation, 30 ancestry, or national origin. 31 * Sec. 9. AS 12.55.135 is amended by adding a new subsection to read:
01 (l) If a defendant is convicted of an offense other than a violation of 02 AS 11.31.200 and the court finds by clear and convincing evidence that the defendant 03 has committed a misdemeanor hate crime, the court shall sentence the defendant 04 (1) to a minimum term of imprisonment of 90 days if the defendant 05 violated AS 11.41.230(a)(1) or (2), 11.41.270, or 11.61.118; 06 (2) to a minimum term of imprisonment of 60 days if the defendant 07 violated AS 11.41.230(a)(3) or 11.41.250; 08 (3) to a minimum term of imprisonment of 10 days if the defendant 09 violated AS 11.61.110 or 11.61.120; or 10 (4) as a worst offender if the defendant violated any other provision of 11 AS 11 that is punishable as a misdemeanor and that is not described in (1) - (3) of this 12 subsection. 13 * Sec. 10. AS 12.55.155(c)(22) is amended to read: 14 (22) the defendant knowingly directed the conduct constituting the 15 offense at a victim because of that person's actual or perceived race, sex, color, creed, 16 physical or mental disability, sexual orientation, ancestry, or national origin; 17 * Sec. 11. AS 44.28.020 is amended by adding a new subsection to read: 18 (d) The department shall develop a diversity tolerance program for offenders 19 who have been convicted of a crime that was motivated by the victim's actual or 20 perceived race, sex, color, creed, physical or mental disability, sexual orientation, 21 ancestry, or national origin and require those offenders in the custody of the 22 department to participate in the program. 23 * Sec. 12. AS 44.41.020(c) is amended to read: 24 (c) The department shall 25 (1) establish, and may require state and local law enforcement agencies 26 to use, standardized methods of collecting and recording law enforcement and crime 27 statistics; 28 (2) require state and local law enforcement agencies to separately 29 record and report crimes that are motivated by the victim's actual or perceived 30 race, sex, color, creed, physical or mental disability, sexual orientation, ancestry, 31 or national origin.
01 * Sec. 13. AS 47.12.060(b) is amended to read: 02 (b) When the department or the entity selected by it decides to make an 03 informal adjustment of a matter under (a)(2) of this section, that informal adjustment 04 (1) must be made with the agreement or consent of the minor and the 05 minor's parents or guardian to the terms and conditions of the adjustment; 06 (2) must give the minor's foster parent an opportunity to be heard 07 before the informal adjustment is made; 08 (3) must include notice that informal action to adjust a matter is not 09 successfully completed unless, among other factors that the department or the entity 10 selected by it considers, as to the victim of the act of the minor that is the basis of the 11 delinquency allegation, the minor pays restitution in the amount set by the department 12 or the entity selected by it or agrees as a term or condition set by the department or the 13 entity selected by it to pay the restitution; 14 (4) for a violation of habitual minor consuming or in possession or 15 control under AS 04.16.050(d) must include an agreement that the minor perform 96 16 hours of community work, provide that the minor's driver's license or permit, privilege 17 to drive, or privilege to obtain a license be revoked for six months, and provide that 18 the driver's license or permit, privilege to drive, or privilege to obtain a license be 19 revoked for an additional six months if the informal adjustment is not successful 20 because the minor has failed to perform community work as ordered, or has failed to 21 submit to evaluation or successfully complete the education or treatment 22 recommended; the department or an entity selected by the department shall notify the 23 agency responsible for issuing driver's licenses of an informal adjustment under this 24 paragraph or of an unsuccessful adjustment described in this paragraph; 25 (5) of an offense described in AS 28.15.185(a)(1) must include an 26 agreement that the minor's driver's license or permit, privilege to drive, or privilege to 27 obtain a license be revoked as provided in AS 28.15.185(b); the department or an 28 entity selected by the department shall notify the agency responsible for issuing 29 driver's licenses of an informal adjustment under this paragraph; 30 (6) must, if there is reason to believe that the minor knowingly 31 directed the conduct constituting a delinquent act at a victim because of that
01 person's actual or perceived race, sex, color, creed, physical or mental disability, 02 sexual orientation, ancestry, or national origin, 03 (A) require the minor to perform a minimum of 100 hours 04 of community work service; and 05 (B) include a referral to a diversity tolerance program or 06 otherwise provide the minor and the minor's parents or guardian with the 07 opportunity to develop respect for the ethnic, cultural, and personal 08 diversity of all persons of the state. 09 * Sec. 14. AS 47.12.120(b) is amended to read: 10 (b) If the minor is not subject to (j) of this section and the court finds that the 11 minor is delinquent, it shall 12 (1) order the minor committed to the department for a period of time 13 not to exceed two years or in any event extend past the day the minor becomes 19 14 years of age, except that the department may petition for and the court may grant in a 15 hearing (A) two-year extensions of commitment that do not extend beyond the minor's 16 19th birthday if the extension is in the best interests of the minor and the public; and 17 (B) an additional one-year period of supervision past age 19 if continued supervision 18 is in the best interests of the person and the person consents to it; the department shall 19 place the minor in the juvenile facility that the department considers appropriate and 20 that may include a juvenile correctional school, juvenile work camp, treatment facility, 21 detention home, or detention facility; the minor may be released from placement or 22 detention and placed on probation on order of the court and may also be released by 23 the department, in its discretion, under AS 47.12.260; 24 (2) order the minor placed on probation, to be supervised by the 25 department, and released to the minor's parents, guardian, or a suitable person; if the 26 court orders the minor placed on probation, it may specify the terms and conditions of 27 probation; the probation may be for a period of time not to exceed two years and in no 28 event to extend past the day the minor becomes 19 years of age, except that the 29 department may petition for and the court may grant in a hearing 30 (A) two-year extensions of supervision that do not extend 31 beyond the minor's 19th birthday if the extension is in the best interests of the
01 minor and the public; and 02 (B) an additional one-year period of supervision past age 19 if 03 the continued supervision is in the best interests of the person and the person 04 consents to it; 05 (3) order the minor committed to the custody of the department and 06 placed on probation, to be supervised by the department and released to the minor's 07 parents, guardian, other suitable person, or suitable nondetention setting such as with a 08 relative or in a foster home or residential child care facility, whichever the department 09 considers appropriate to implement the treatment plan of the predisposition report; if 10 the court orders the minor placed on probation, it may specify the terms and conditions 11 of probation; the department may transfer the minor, in the minor's best interests, from 12 one of the probationary placement settings listed in this paragraph to another, and the 13 minor, the minor's parents or guardian, the minor's foster parent, and the minor's 14 attorney are entitled to reasonable notice of the transfer; the probation may be for a 15 period of time not to exceed two years and in no event to extend past the day the 16 minor becomes 19 years of age, except that the department may petition for and the 17 court may grant in a hearing 18 (A) two-year extensions of commitment that do not extend 19 beyond the minor's 19th birthday if the extension is in the best interests of the 20 minor and the public; and 21 (B) an additional one-year period of supervision past age 19 if 22 the continued supervision is in the best interests of the person and the person 23 consents to it; 24 (4) order the minor and the minor's parent to make suitable restitution 25 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 26 under this paragraph, 27 (A) except as provided in (B) of this paragraph, the court may 28 not refuse to make an order of restitution to benefit the victim of the act of the 29 minor that is the basis of the delinquency adjudication; under this 30 subparagraph, the court may require the minor to use the services of a 31 community dispute resolution center that has been recognized by the
01 commissioner under AS 47.12.450(b) to resolve any dispute between the minor 02 and the victim of the minor's offense as to the amount of or manner of payment 03 of the restitution; 04 (B) the court may not order payment of restitution by the parent 05 of a minor who is a runaway or missing minor for an act of the minor that was 06 committed by the minor after the parent has made a report to a law 07 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 08 away or is missing; for purposes of this subparagraph, "runaway or missing 09 minor" means a minor who a parent reasonably believes is absent from the 10 minor's residence for the purpose of evading the parent or who is otherwise 11 missing from the minor's usual place of abode without the consent of the 12 parent; and 13 (C) at the request of the department, the Department of Law, 14 the victims' advocate, or on its own motion, the court shall, at any time, order 15 the minor and the minor's parent, if applicable, to submit financial information 16 on a form approved by the Alaska Court System to the court, the department, 17 and the Department of Law for the purpose of establishing the amount of 18 restitution or enforcing an order of restitution under AS 47.12.170; the form 19 must include a warning that submission of incomplete or inaccurate 20 information is punishable as unsworn falsification in the second degree under 21 AS 11.56.210; 22 (5) order the minor committed to the department for placement in an 23 adventure-based education program established under AS 47.21.020 with conditions 24 the court considers appropriate concerning release upon satisfactory completion of the 25 program or commitment under (1) of this subsection if the program is not satisfactorily 26 completed; 27 (6) in addition to an order under (1) - (5) of this subsection, order the 28 minor to perform community service; for purposes of this paragraph, "community 29 service" includes work 30 (A) on a project identified in AS 33.30.901; or 31 (B) that, on the recommendation of the city council or
01 traditional village council, would benefit persons within the city or village who 02 are elderly or disabled; [OR] 03 (7) in addition to an order under (1) - (6) of this subsection, order the 04 minor's parent or guardian to comply with orders made under AS 47.12.155, including 05 participation in treatment under AS 47.12.155(b)(1); 06 (8) in addition to an order under (1) - (5) and (7) of this subsection, 07 if the court finds by clear and convincing evidence that the minor knowingly 08 directed the conduct constituting a delinquent act at a victim because of that 09 person's actual or perceived race, sex, color, creed, physical or mental disability, 10 sexual orientation, ancestry, or national origin, 11 (A) order the minor to perform a minimum of 100 hours of 12 community work service; and 13 (B) carefully assess the plan proposed by the department 14 under AS 47.12.130 to ensure that the plan adequately provides the minor 15 and the minor's parents or guardian with the opportunity to develop 16 respect for the ethnic, cultural, and personal diversity of all persons of the 17 state. 18 * Sec. 15. AS 47.12 is amended by adding a new section to article 5 to read: 19 Sec. 47.12.970. Diversity tolerance program. The department shall develop 20 and implement, or designate, in cooperation with other state, local, tribal, and 21 nonprofit public service agencies, a diversity tolerance program that provides 22 resources for developing respect for ethnic, cultural, and personal diversity, and that is 23 designed for persons under 18 years of age who have been referred to the program 24 under this chapter in connection with conduct by a minor that is motivated by a 25 person's actual or perceived race, sex, color, creed, physical or mental disability, 26 sexual orientation, ancestry, or national origin. 27 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 APPLICABILITY. This Act applies to offenses or acts committed on or after the 30 effective date of this Act. 31 * Sec. 17. This Act takes effect immediately under AS 01.10.070(c).