HCS CSSB 210(JUD): "An Act relating to crimes against children; relating to persons found guilty but mentally ill; relating to sentencing procedures for factors that may increase the presumptive range or affect mandatory parole eligibility; relating to the granting of probation; relating to procedures for finding aggravating factors at sentencing; relating to crimes of human trafficking; establishing a task force to evaluate services available to victims of human trafficking, sex trafficking, or promotion of prostitution and examine the prevalence of those crimes; relating to the recommendations and report of the task force; amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 210(JUD) 01 "An Act relating to crimes against children; relating to persons found guilty but 02 mentally ill; relating to sentencing procedures for factors that may increase the 03 presumptive range or affect mandatory parole eligibility; relating to the granting of 04 probation; relating to procedures for finding aggravating factors at sentencing; relating 05 to crimes of human trafficking; establishing a task force to evaluate services available to 06 victims of human trafficking, sex trafficking, or promotion of prostitution and examine 07 the prevalence of those crimes; relating to the recommendations and report of the task 08 force; amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an 09 effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 11.41.220(a) is amended to read: 12 (a) A person commits the crime of assault in the third degree if that person
01 (1) recklessly 02 (A) places another person in fear of imminent serious physical 03 injury by means of a dangerous instrument; 04 (B) causes physical injury to another person by means of a 05 dangerous instrument; or 06 (C) while being 18 years of age or older, 07 (i) causes physical injury to a child under 12 [10] years 08 of age and the injury would cause a reasonable caregiver to seek 09 medical attention from a health care professional in the form of 10 diagnosis or treatment; 11 (ii) causes physical injury to a child under 12 [10] years 12 of age on more than one occasion; 13 (2) with intent to place another person in fear of death or serious 14 physical injury to the person or the person's family member, makes repeated threats to 15 cause death or serious physical injury to another person; 16 (3) while being 18 years of age or older, knowingly causes physical 17 injury to a child under 16 years of age but at least 12 [10] years of age and the injury 18 reasonably requires medical treatment; 19 (4) with criminal negligence, causes serious physical injury under 20 AS 11.81.900(b)(56)(B) to another person by means of a dangerous instrument; or 21 (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) 22 and, within the preceding 10 years, the person was convicted on two or more separate 23 occasions of crimes under 24 (A) AS 11.41.100 - 11.41.170; 25 (B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 26 11.41.280, or 11.41.282; 27 (C) AS 11.41.260 or 11.41.270; 28 (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 29 (E) a law or ordinance of this or another jurisdiction with 30 elements similar to those of an offense described in (A) - (D) of this paragraph. 31 * Sec. 2. AS 11.41 is amended by adding a new section to read:
01 Sec. 11.41.255. Definitions for AS 11.41.200 - 11.41.250. Notwithstanding 02 the definition of "serious physical injury" in AS 11.81.900(b), for the purpose of an 03 offense against a child under 12 years of age under AS 11.41.200 - 11.41.250, unless 04 the context requires otherwise, "serious physical injury" means 05 (1) physical injury caused by an act performed under circumstances 06 that create a substantial risk of death; or 07 (2) physical injury that terminates a pregnancy or causes 08 (A) serious disfigurement; 09 (B) serious impairment of health by extensive bruising or other 10 injury that would cause a reasonable person to seek medical attention for the 11 child from a health care professional in the form of diagnosis or treatment; 12 (C) serious impediment of blood circulation or breathing; or 13 (D) protracted loss or impairment of the function of a body 14 member or organ. 15 * Sec. 3. AS 11.51.100(a) is amended to read: 16 (a) A person commits the crime of endangering the welfare of a child in the 17 first degree if, being a parent, guardian, or other person legally charged with the care 18 of a child under 16 years of age, the person 19 (1) intentionally deserts the child in a place under circumstances 20 creating a substantial risk of physical injury to the child; 21 (2) leaves the child with another person who is not a parent, guardian, 22 or lawful custodian of the child knowing that the person is 23 (A) registered or required to register as a sex offender or child 24 kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 25 similar requirements; 26 (B) charged by complaint, information, or indictment with a 27 violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 28 jurisdiction with similar elements; or 29 (C) charged by complaint, information, or indictment with an 30 attempt, solicitation, or conspiracy to commit a crime described in (B) of this 31 paragraph; [OR]
01 (3) leaves the child with another person knowing that the person has 02 previously physically mistreated or had sexual contact with any child, and the other 03 person causes physical injury or engages in sexual contact with the child; or 04 (4) recklessly fails to provide an adequate quantity of food or 05 liquids to a child, causing protracted impairment of the child's health. 06 * Sec. 4. AS 11.51.100(f) is amended to read: 07 (f) Endangering the welfare of a child in the first degree under (a)(1), (2), or 08 (4) [OR (2)] of this section is a class C felony. 09 * Sec. 5. AS 12.47.040(b) is amended to read: 10 (b) To return a verdict under (a)(4) of this section, the fact finder [JURY] 11 must find beyond a reasonable doubt that the defendant committed the crime and 12 [FIND BY A PREPONDERANCE OF THE EVIDENCE] that, when the defendant 13 committed the crime, the defendant was guilty but mentally ill as defined in 14 AS 12.47.030. 15 * Sec. 6. AS 12.47.060(a) is amended to read: 16 (a) In a prosecution for a crime when the affirmative defense of insanity is not 17 raised and when evidence of mental disease or defect of the defendant is not admitted 18 at trial under AS 12.47.020, [AND THE DEFENDANT IS CONVICTED OF A 19 CRIME,] the defendant or [,] the prosecuting attorney [, OR THE COURT ON ITS 20 OWN MOTION] may raise the issue of whether the defendant is guilty but mentally 21 ill. A party that seeks a post-conviction determination of guilty but mentally ill 22 must give notice 10 days before trial of intent to do so; however, this deadline is 23 waived if the opposing party presents evidence or argument at trial tending to 24 show that the defendant may be guilty but mentally ill. A hearing must be held on 25 this issue [AT OR] before the same fact finder that returned the verdict of guilty 26 under procedures set by the court. In cases decided by a jury, at the request of 27 the defendant and with the concurrence of the prosecuting attorney, the court 28 may decide the issue. A waiver of consideration by a jury must be in writing and 29 in person before the court [SENTENCING HEARING]. At the hearing, the fact 30 finder [COURT] shall determine whether the defendant has been shown to be guilty 31 but mentally ill beyond a reasonable doubt, considering [BY A
01 PREPONDERANCE OF THE] evidence presented at the hearing and any evidence 02 relevant to the issue that was presented at trial. 03 * Sec. 7. AS 12.47.060(b) is amended to read: 04 (b) If the fact finder [COURT] finds that a defendant is guilty but mentally 05 ill, the court [IT] shall sentence the defendant as provided by law and shall enter the 06 finding of guilty but mentally ill as part of the judgment. 07 * Sec. 8. AS 12.55.025(i) is amended to read: 08 (i) Except as otherwise provided in this chapter [BY AS 12.55.125(a)(3), 09 12.55.145(d), 12.55.155(f), AND 12.55.165], the preponderance of the evidence 10 standard of proof applies to sentencing proceedings. 11 * Sec. 9. AS 12.55.090(b) is amended to read: 12 (b) Except as otherwise provided in (f) of this section, the [THE] court may 13 revoke or modify any condition of probation [,] or may change the period of 14 probation. 15 * Sec. 10. AS 12.55.090 is amended by adding a new subsection to read: 16 (f) Unless the defendant and the prosecuting authority agree at the probation 17 revocation proceeding or other proceeding, the court may not reduce the specific 18 period of probation, or the specific term of suspended incarceration except by the 19 amount of incarceration imposed for a probation violation, if 20 (1) the sentence was imposed in accordance with a plea agreement 21 under Rule 11, Alaska Rules of Criminal Procedure; and 22 (2) the agreement required a specific period of probation or a specific 23 term of suspended incarceration. 24 * Sec. 11. AS 12.55.125(a) is amended to read: 25 (a) A defendant convicted of murder in the first degree or murder of an unborn 26 child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment 27 of at least 20 years but not more than 99 years. A defendant convicted of murder in the 28 first degree shall be sentenced to a mandatory term of imprisonment of 99 years when 29 (1) the defendant is convicted of the murder of a uniformed or 30 otherwise clearly identified peace officer, firefighter, or correctional employee who 31 was engaged in the performance of official duties at the time of the murder;
01 (2) the defendant has been previously convicted of 02 (A) murder in the first degree under AS 11.41.100 or former 03 AS 11.15.010 or 11.15.020; 04 (B) murder in the second degree under AS 11.41.110 or former 05 AS 11.15.030; or 06 (C) homicide under the laws of another jurisdiction when the 07 offense of which the defendant was convicted contains elements similar to first 08 degree murder under AS 11.41.100 or second degree murder under 09 AS 11.41.110; 10 (3) [THE COURT FINDS BY CLEAR AND CONVINCING 11 EVIDENCE THAT] the defendant subjected the murder victim to substantial physical 12 torture; 13 (4) the defendant is convicted of the murder of and personally caused 14 the death of a person, other than a participant, during a robbery; or 15 (5) [THE COURT FINDS BY CLEAR AND CONVINCING 16 EVIDENCE THAT] the defendant is a peace officer who used the officer's authority 17 as a peace officer to facilitate the murder. 18 * Sec. 12. AS 12.55.125 is amended by adding a new subsection to read: 19 (p) If the state seeks either (1) the imposition of a sentence under (a) of this 20 section that would preclude the defendant from being awarded a good time deduction 21 under AS 33.20.010(a) based on a fact other than a prior conviction; or (2) to establish 22 a fact that would increase the presumptive sentencing range under (c)(2), (d)(2), (e)(4), 23 (i)(1)(A) or (B), or (i)(2)(A) or (B) of this section, the factual question required to be 24 decided shall be presented to a trial jury and proven beyond a reasonable doubt under 25 procedures set by the court, unless the defendant waives trial by jury and either 26 stipulates to the existence of the fact or consents to have the fact proven to the court 27 sitting without a jury. Written notice of the intent to establish a fact under this 28 subsection must be served on the defendant and filed with the court as provided for 29 notice under AS 12.55.155(f)(2). 30 * Sec. 13. AS 12.55.155 is amended by adding a new subsection to read: 31 (i) If one of the aggravating factors in (c) of this section is established as
01 provided in (f)(1) and (2) of this section, the court may increase the term of 02 imprisonment up to the maximum term of imprisonment. Any additional aggravating 03 factor may then be established by clear and convincing evidence by the court sitting 04 without a jury, including an aggravating factor that the jury has found not to have been 05 established beyond a reasonable doubt. 06 * Sec. 14. AS 33.05.050 is amended to read: 07 Sec. 33.05.050. Report of probation officer. When directed by the court, the 08 probation officer shall report to the court [,] with a statement of the conduct of the 09 probationer while on probation. Except as otherwise provided by law, the [THE] 10 court may then discharge the probationer from further supervision and may terminate 11 the proceedings against the probationer, or may extend the probation, as shall seem 12 advisable. 13 * Sec. 15. AS 33.05.070(b) is amended to read: 14 (b) As speedily as possible after arrest, the probationer shall be taken before 15 the court for the district having jurisdiction over the probationer. Except as provided 16 in AS 12.55.090(f), [THEREUPON] the court may revoke the probation and require 17 the probationer to serve the sentence imposed [,] or any lesser sentence [,] and, if 18 imposition of sentence was suspended, may impose any sentence that [WHICH] 19 might originally have been imposed, subject to the limitation specified in 20 AS 12.55.086(c). 21 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 INDIRECT COURT RULE AMENDMENT. AS 12.55.125(p), enacted by sec. 12 of 24 this Act, and AS 12.55.155(i), enacted by sec. 13 of this Act, have the effect of changing Rule 25 32.1, Alaska Rules of Criminal Procedure, by amending procedures for sentencing persons 26 convicted of certain crimes. 27 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 APPLICABILITY. (a) AS 12.47.040(b), as amended by sec. 5 of this Act, 30 AS 12.47.060(a), as amended by sec. 6 of this Act, AS 12.47.060(b), as amended by sec. 7 of 31 this Act, AS 12.55.025(i), as amended by sec. 8 of this Act, and AS 12.55.125(a), as amended
01 by sec. 11 of this Act, apply to proceedings occurring on or after the effective date of this Act 02 for offenses occurring before, on, or after the effective date of this Act. 03 (b) AS 12.55.090, as amended by secs. 9 and 10 of this Act, applies to offenses 04 occurring on or after the effective date of this Act. 05 (c) AS 12.55.125(p), enacted by sec. 12 of this Act, applies to sentencing proceedings 06 occurring on or after the effective date of this Act for offenses occurring before, on, or after 07 the effective date of this Act. 08 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TASK FORCE ON THE CRIMES OF HUMAN TRAFFICKING, PROMOTING 11 PROSTITUTION, AND SEX TRAFFICKING. (a) The Task Force on the Crimes of Human 12 Trafficking, Promoting Prostitution, and Sex Trafficking is established in the Department of 13 Law. The attorney general, or the attorney general's designee, shall serve as the chair of the 14 task force. The task force consists of representatives of the Department of Law, the 15 Department of Public Safety, the Department of Health and Social Services, and two 16 members, appointed by the governor, representing nongovernmental health and social 17 services organizations that provide services to victims of human trafficking, promoting 18 prostitution, or sex trafficking. The task force shall examine the prevalence of the crimes of 19 human trafficking, promoting prostitution, and sex trafficking in the state and the services that 20 are available to victims of those crimes under AS 11.41.360 and 11.41.365. 21 (b) The task force established in (a) of this section shall submit a report to the 22 legislature by January 15, 2013. The report must include a current assessment of services 23 currently available to victims of human trafficking, promoting prostitution, or sex trafficking, 24 recommendations for improving services to those victims, and the following information on 25 human trafficking, promoting prostitution, and sex trafficking cases: 26 (1) the number of cases reported to state and local law enforcement agencies 27 in the state since 2007; 28 (2) the number of cases prosecuted under Alaska law; 29 (3) the number of cases state and local law enforcement agencies have 30 investigated in cooperation with federal law enforcement agencies; 31 (4) the services currently available in the state to victims including services
01 provided by state agencies, federal agencies, or nongovernmental agencies relating to 02 (A) medical or psychological counseling; 03 (B) emergency shelter; 04 (C) translation; 05 (D) other assistance related to safe housing and legal services. 06 (c) The task force established in (a) of this section shall solicit information and input 07 from local, state, and federal agencies, nongovernmental organizations, and other interested 08 persons. The task force shall hold at least one public meeting and shall provide reasonable 09 public notice, teleconference capability, and an opportunity for interested organizations, 10 groups, or individuals to provide written or oral comments. Minutes of meetings and written 11 comments provided to the task force shall be included in the report provided under (b) of this 12 section. 13 (d) The state agency members of the task force shall be employees of their respective 14 agencies, designated by the attorney general, the commissioner of public safety, or the 15 commissioner of health and social services. Expenses, other than the personnel expenses, of 16 the state agency members of the task force shall be shared by the Department of Law, the 17 Department of Public Safety, and the Department of Health and Social Services. The 18 nongovernmental health and social service organizations whose members are appointed by the 19 governor shall be responsible for their members' costs in participating on the task force. 20 * Sec. 19. Section 18 of this Act is repealed June 1, 2013. 21 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 CONDITIONAL EFFECT. Sections 12 and 13 of this Act take effect only if sec. 16 of 24 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 25 Constitution of the State of Alaska. 26 * Sec. 21. This Act takes effect July 1, 2012.