CSHB 14(FIN): "An Act relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of 'dangerous instrument'; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications."
00 CS FOR HOUSE BILL NO. 14(FIN) 01 "An Act relating to assault in the first degree; relating to harassment; relating to sex 02 offenses; relating to the definition of 'dangerous instrument'; providing for an 03 aggravating factor at sentencing for strangulation that results in unconsciousness; 04 relating to the duties of the prosecuting attorney; and relating to victim notifications." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.41.200(a) is amended to read: 07 (a) A person commits the crime of assault in the first degree if 08 (1) that person recklessly causes serious physical injury to another by 09 means of a dangerous instrument; 10 (2) with intent to cause serious physical injury to another, the person 11 causes serious physical injury to any person; 12 (3) the person knowingly engages in conduct that results in serious 13 physical injury to another under circumstances manifesting extreme indifference to the 14 value of human life; [OR]
01 (4) that person recklessly causes serious physical injury to another by 02 repeated assaults using a dangerous instrument, even if each assault individually does 03 not cause serious physical injury; or 04 (5) that person knowingly causes another to become unconscious 05 by means of a dangerous instrument; in this paragraph, "dangerous instrument" 06 has the meaning given in AS 11.81.900(b)(15)(B). 07 * Sec. 2. AS 11.61.118(a) is amended to read: 08 (a) A person commits the crime of harassment in the first degree if, under 09 circumstances not proscribed under AS 11.41.434 - 11.41.440, 10 [(1)] the person violates AS 11.61.120(a)(5) and the offensive physical 11 contact is contact 12 (1) with human or animal blood, mucus, saliva, semen, urine, vomitus, 13 or feces; or 14 (2) [UNDER CIRCUMSTANCES NOT PROSCRIBED UNDER 15 AS 11.41.434 - 11.41.440, THE PERSON VIOLATES AS 11.61.120(a)(5) AND THE 16 OFFENSIVE PHYSICAL CONTACT IS CONTACT] by the person touching through 17 clothing another person's genitals, buttocks, or female breast. 18 * Sec. 3. AS 11.81.900(b)(15) is amended to read: 19 (15) "dangerous instrument" means 20 (A) any deadly weapon or anything that, under the 21 circumstances in which it is used, attempted to be used, or threatened to be 22 used, is capable of causing death or serious physical injury; or 23 (B) hands, other body parts, or other objects when used to 24 impede normal breathing or circulation of blood by applying pressure on the 25 throat or neck or obstructing the nose or mouth; 26 * Sec. 4. AS 11.81.900(b)(60) is amended to read: 27 (60) "sexual contact" means 28 (A) the defendant's 29 (i) knowingly touching, directly or through clothing, the 30 victim's genitals, anus, or female breast; [OR] 31 (ii) knowingly causing the victim to touch, directly or
01 through clothing, the defendant's or victim's genitals, anus, or female 02 breast; or 03 (iii) knowingly causing the victim to come into 04 contact with ejaculate; 05 (B) but "sexual contact" does not include acts 06 (i) that may reasonably be construed to be normal 07 caretaker responsibilities for a child, interactions with a child, or 08 affection for a child; 09 (ii) performed for the purpose of administering a 10 recognized and lawful form of treatment that is reasonably adapted to 11 promoting the physical or mental health of the person being treated; or 12 (iii) that are a necessary part of a search of a person committed to the custody 13 of the Department of Corrections or the Department of Health and Social Services; 14 * Sec. 5. AS 12.55.155(c) is amended to read: 15 (c) The following factors shall be considered by the sentencing court if proven 16 in accordance with this section, and may allow imposition of a sentence above the 17 presumptive range set out in AS 12.55.125: 18 (1) a person, other than an accomplice, sustained physical injury as a 19 direct result of the defendant's conduct; 20 (2) the defendant's conduct during the commission of the offense 21 manifested deliberate cruelty to another person; 22 (3) the defendant was the leader of a group of three or more persons 23 who participated in the offense; 24 (4) the defendant employed a dangerous instrument in furtherance of 25 the offense; 26 (5) the defendant knew or reasonably should have known that the 27 victim of the offense was particularly vulnerable or incapable of resistance due to 28 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 29 extreme youth or was for any other reason substantially incapable of exercising 30 normal physical or mental powers of resistance; 31 (6) the defendant's conduct created a risk of imminent physical injury
01 to three or more persons, other than accomplices; 02 (7) a prior felony conviction considered for the purpose of invoking a 03 presumptive range under this chapter was of a more serious class of offense than the 04 present offense; 05 (8) the defendant's prior criminal history includes conduct involving 06 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 07 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 08 combination of assaultive behavior and cruelty to animals proscribed under 09 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 10 means assault that is a felony under AS 11.41, or a similar provision in another 11 jurisdiction; 12 (9) the defendant knew that the offense involved more than one victim; 13 (10) the conduct constituting the offense was among the most serious 14 conduct included in the definition of the offense; 15 (11) the defendant committed the offense under an agreement that the 16 defendant either pay or be paid for the commission of the offense, and the pecuniary 17 incentive was beyond that inherent in the offense itself; 18 (12) the defendant was on release under AS 12.30 for another felony 19 charge or conviction or for a misdemeanor charge or conviction having assault as a 20 necessary element; 21 (13) the defendant knowingly directed the conduct constituting the 22 offense at an active officer of the court or at an active or former judicial officer, 23 prosecuting attorney, law enforcement officer, correctional employee, firefighter, 24 emergency medical technician, paramedic, ambulance attendant, or other emergency 25 responder during or because of the exercise of official duties; 26 (14) the defendant was a member of an organized group of five or 27 more persons, and the offense was committed to further the criminal objectives of the 28 group; 29 (15) the defendant has three or more prior felony convictions; 30 (16) the defendant's criminal conduct was designed to obtain 31 substantial pecuniary gain and the risk of prosecution and punishment for the conduct
01 is slight; 02 (17) the offense was one of a continuing series of criminal offenses 03 committed in furtherance of illegal business activities from which the defendant 04 derives a major portion of the defendant's income; 05 (18) the offense was a felony 06 (A) specified in AS 11.41 and was committed against a spouse, 07 a former spouse, or a member of the social unit made up of those living 08 together in the same dwelling as the defendant; 09 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 10 has engaged in the same or other conduct prohibited by a provision of 11 AS 11.41.410 - 11.41.460 involving the same or another victim; 12 (C) specified in AS 11.41 that is a crime involving domestic 13 violence and was committed in the physical presence or hearing of a child 14 under 16 years of age who was, at the time of the offense, living within the 15 residence of the victim, the residence of the perpetrator, or the residence where 16 the crime involving domestic violence occurred; 17 (D) specified in AS 11.41 and was committed against a person 18 with whom the defendant has a dating relationship or with whom the defendant 19 has engaged in a sexual relationship; or 20 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 21 the defendant was 10 or more years older than the victim; 22 (19) the defendant's prior criminal history includes an adjudication as a 23 delinquent for conduct that would have been a felony if committed by an adult; 24 (20) the defendant was on furlough under AS 33.30 or on parole or 25 probation for another felony charge or conviction that would be considered a prior 26 felony conviction under AS 12.55.145(a)(1)(B); 27 (21) the defendant has a criminal history of repeated instances of 28 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 29 similar in nature to the offense for which the defendant is being sentenced under this 30 section; 31 (22) the defendant knowingly directed the conduct constituting the
01 offense at a victim because of that person's race, sex, color, creed, physical or mental 02 disability, ancestry, or national origin; 03 (23) the defendant is convicted of an offense specified in AS 11.71 and 04 (A) the offense involved the delivery of a controlled substance 05 under circumstances manifesting an intent to distribute the substance as part of 06 a commercial enterprise; or 07 (B) at the time of the conduct resulting in the conviction, the 08 defendant was caring for or assisting in the care of a child under 10 years of 09 age; 10 (24) the defendant is convicted of an offense specified in AS 11.71 and 11 the offense involved the transportation of controlled substances into the state; 12 (25) the defendant is convicted of an offense specified in AS 11.71 and 13 the offense involved large quantities of a controlled substance; 14 (26) the defendant is convicted of an offense specified in AS 11.71 and 15 the offense involved the distribution of a controlled substance that had been 16 adulterated with a toxic substance; 17 (27) the defendant, being 18 years of age or older, 18 (A) is legally accountable under AS 11.16.110(2) for the 19 conduct of a person who, at the time the offense was committed, was under 18 20 years of age and at least three years younger than the defendant; or 21 (B) is aided or abetted in planning or committing the offense by 22 a person who, at the time the offense was committed, was under 18 years of 23 age and at least three years younger than the defendant; 24 (28) the victim of the offense is a person who provided testimony or 25 evidence related to a prior offense committed by the defendant; 26 (29) the defendant committed the offense for the benefit of, at the 27 direction of, or in association with a criminal street gang; 28 (30) the defendant is convicted of an offense specified in AS 11.41.410 29 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 30 the victim in furtherance of the offense with the intent to make the victim 31 incapacitated; in this paragraph, "incapacitated" has the meaning given in
01 AS 11.41.470; 02 (31) the defendant's prior criminal history includes convictions for five 03 or more crimes in this or another jurisdiction that are class A misdemeanors under the 04 law of this state, or having elements similar to a class A misdemeanor; two or more 05 convictions arising out of a single continuous episode are considered a single 06 conviction; however, an offense is not a part of a continuous episode if committed 07 while attempting to escape or resist arrest or if it is an assault on a uniformed or 08 otherwise clearly identified peace officer or correctional employee; notice and denial 09 of convictions are governed by AS 12.55.145(b) - (d); 10 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 11 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 12 in the administrative offices of a school district if students are educated at that office; 13 in this paragraph, 14 (A) "school bus" has the meaning given in AS 11.71.900; 15 (B) "school district" has the meaning given in AS 47.07.063; 16 (C) "school grounds" has the meaning given in AS 11.71.900; 17 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 18 the defendant had been previously diagnosed as having or having tested positive for 19 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 20 victim to a risk or a fear that the offense could result in the transmission of HIV or 21 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 22 AS 18.15.310; 23 (34) the defendant committed the offense on, or to affect persons or 24 property on, the premises of a recognized shelter or facility providing services to 25 victims of domestic violence or sexual assault; 26 (35) the defendant knowingly directed the conduct constituting the 27 offense at a victim because that person was 65 years of age or older; 28 (36) the defendant committed the offense at a health care facility and 29 knowingly directed the conduct constituting the offense at a medical professional 30 during or because of the medical professional's exercise of professional duties; in this 31 paragraph,
01 (A) "health care facility" has the meaning given in 02 AS 18.07.111; 03 (B) "medical professional" has the meaning given in 04 AS 12.55.135(k); 05 (37) the defendant knowingly caused the victim to become 06 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 07 instrument" has the meaning given in AS 11.81.900(b)(15)(B). 08 * Sec. 6. AS 12.61.015(a) is amended to read: 09 (a) If a victim of a felony, a sex offense as defined in AS 12.63.100, or a 10 crime involving domestic violence requests, the prosecuting attorney shall make a 11 reasonable effort to 12 (1) confer with the person against whom the offense has been 13 perpetrated about that person's testimony before the defendant's trial; 14 (2) in a manner reasonably calculated to give prompt actual notice, 15 notify the victim 16 (A) of the defendant's conviction and the crimes of which the 17 defendant was convicted; 18 (B) of the victim's right in a case that is a felony to make a 19 written or oral statement for use in preparation of the defendant's presentence 20 report, and of the victim's right to appear personally at the defendant's 21 sentencing hearing to present a written statement and to give sworn testimony 22 or an unsworn oral presentation; 23 (C) of the address and telephone number of the office that will 24 prepare the presentence report; and 25 (D) of the time and place of the sentencing proceeding; 26 (3) notify the victim in writing of the final disposition of the case 27 within 30 days after final disposition of the case; 28 (4) confer with the victim or the victim's legal guardian concerning a 29 proposed plea agreement before entering into the plea [AN] agreement to ask the 30 victim or the victim's legal guardian whether the victim is in agreement with the 31 proposed plea agreement; the prosecuting attorney shall record whether the
01 victim or the victim's legal guardian is in agreement with the proposed plea 02 agreement; 03 (5) inform the victim of a pending motion that may substantially delay 04 the prosecution and inform the court of the victim's position on the motion; in this 05 paragraph, a "substantial delay" is 06 (A) for a misdemeanor, a delay of one month or longer; 07 (B) for a felony, a delay of two months or longer; and 08 (C) for an appeal, a delay of six months or longer. 09 * Sec. 7. AS 12.61.015 is amended by adding new subsections to read: 10 (d) The court may reschedule a hearing to consider a plea agreement as 11 needed to allow additional time to comply with the victim notification requirements 12 under (a)(2) and (4) of this section. 13 (e) Nothing in this section requires a victim or a victim's legal guardian to 14 provide a response to a prosecuting attorney regarding a plea agreement or requires the 15 prosecuting attorney to be bound by the victim's or legal guardian's response regarding 16 the plea agreement. 17 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. AS 11.41.200(a), as amended by sec. 1 of this Act, 20 AS 11.61.118(a), as amended by sec. 2 of this Act, AS 11.81.900(b)(15), as amended by sec. 21 3 of this Act, AS 11.81.900(b)(60), as amended by sec. 4 of this Act, and AS 12.55.155(c), as 22 amended by sec. 5 of this Act, apply to offenses committed on or after the effective date of 23 this Act.