00                      CS FOR SENATE BILL NO. 45(JUD)                                                                    
01 "An Act relating to murder in the first degree."                                                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 12.55.125(a)  is amended to read:                                                                  
04            (a)  A defendant convicted of murder in the first degree or murder of an unborn                              
05       child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment                              
06       of at least 20 years but not more than 99 years. A defendant convicted of murder in the                           
07       first degree shall be sentenced to a mandatory term of imprisonment of 99 years when                              
08                 (1)  the defendant is convicted of the murder of a uniformed or                                         
09       otherwise clearly identified peace officer, fire fighter, or correctional employee who                            
10       was engaged in the performance of official duties at the time of the murder;                                      
11                 (2)  the defendant has been previously convicted of                                                     
12                      (A)  murder in the first degree under AS 11.41.100 or former                                       
13            AS 11.15.010 or 11.15.020;                                                                                   
14                      (B)  murder in the second degree under AS 11.41.110 or former                                      
15            AS 11.15.030; or                                                                                             

01                      (C)  homicide under the laws of another jurisdiction when the                                      
02            offense of which the defendant was convicted contains elements similar to first                              
03            degree murder under AS 11.41.100 or second degree murder under                                               
04            AS 11.41.110;                                                                                                
05                 (3)  the court finds by clear and convincing evidence that the defendant                                
06       subjected the murder victim to substantial physical torture; [OR]                                                 
07                 (4)  the defendant is convicted of the murder of and personally caused                                  
08       the death of a person, other than a participant, during a robbery; or                                         
09                 (5)  the court finds by clear and convincing evidence that the                                      
10       defendant is a peace officer who used the officer's authority as a peace officer to                           
11       facilitate the murder.                                                                                        
12    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
13 read:                                                                                                                   
14       APPLICABILITY. Section 1 of this Act applies to offenses committed on or after the                                
15 effective date of this Act.