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HB 49: "An Act relating to criminal law and procedure; relating to controlled substances; relating to probation; relating to sentencing; relating to reports of involuntary commitment; amending Rule 6, Alaska Rules of Criminal Procedure; and providing for an effective date."

00                              HOUSE BILL NO. 49                                                                          
01 "An Act relating to criminal law and procedure; relating to controlled substances;                                      
02 relating to probation; relating to sentencing; relating to reports of involuntary                                       
03 commitment; amending Rule 6, Alaska Rules of Criminal Procedure; and providing for                                      
04 an effective date."                                                                                                     
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 11.41.110(a) is amended to read:                                                                  
07            (a)  A person commits the crime of murder in the second degree if                                            
08                 (1)  with intent to cause serious physical injury to another person or                                  
09       knowing that the conduct is substantially certain to cause death or serious physical                              
10       injury to another person, the person causes the death of any person;                                              
11                 (2)  the person knowingly engages in conduct that results in the death                                  
12       of another person under circumstances manifesting an extreme indifference to the                                  
13       value of human life;                                                                                              
14                 (3)  under circumstances not amounting to murder in the first degree                                    
01 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the                                    
02 person commits or attempts to commit arson in the first degree, kidnapping, sexual                                      
03 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor                               
04 in the first degree, sexual abuse of a minor in the second degree, burglary in the first                                
05 degree, escape in the first or second degree, robbery in any degree, or misconduct                                      
06 involving a controlled substance under AS 11.71.010(a), 11.71.021(a),                                               
07 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2)                              
08 and, in the course of or in furtherance of that crime or in immediate flight from that                                  
09       crime, any person causes the death of a person other than one of the participants;                                
10 (4)  acting with a criminal street gang, the person commits or attempts                                                 
11 to commit a crime that is a felony and, in the course of or in furtherance of that crime                                
12 or in immediate flight from that crime, any person causes the death of a person other                                   
13       than one of the participants; or                                                                                  
14 (5)  the person with criminal negligence causes the death of a child                                                    
15 under the age of 16, and the person has been previously convicted of a crime involving                                  
16       a child under the age of 16 that was                                                                              
17                      (A)  a felony violation of AS 11.41;                                                               
18 (B)  in violation of a law or ordinance in another jurisdiction                                                         
19            with elements similar to a felony under AS 11.41; or                                                         
20 (C)  an attempt, a solicitation, or a conspiracy to commit a                                                            
21            crime listed in (A) or (B) of this paragraph.                                                                
22    * Sec. 2. AS 11.41.150(a) is amended to read:                                                                      
23            (a)  A person commits the crime of murder of an unborn child if the person                                   
24 (1)  with intent to cause the death of an unborn child or of another                                                    
25       person, causes the death of an unborn child;                                                                      
26 (2)  with intent to cause serious physical injury to an unborn child or to                                              
27 another person or knowing that the conduct is substantially certain to cause death or                                   
28 serious physical injury to an unborn child or to another person, causes the death of an                                 
29       unborn child;                                                                                                     
30 (3)  while acting alone or with one or more persons, commits or                                                         
31 attempts to commit arson in the first degree, kidnapping, sexual assault in the first                                   
01 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,                               
02 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the                               
03 first or second degree, robbery in any degree, or misconduct involving a controlled                                     
04 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9)                                               
05 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or                               
06 in furtherance of that crime or in immediate flight from that crime, any person causes                                  
07       the death of an unborn child;                                                                                     
08 (4)  knowingly engages in conduct that results in the death of an unborn                                                
09 child under circumstances manifesting an extreme indifference to the value of human                                     
10 life; for purposes of this paragraph, a pregnant woman's decision to remain in a                                        
11 relationship in which domestic violence, as defined in AS 18.66.990, has occurred                                       
12 does not constitute conduct manifesting an extreme indifference to the value of human                                   
13       life.                                                                                                             
14    * Sec. 3. AS 11.46.130(a) is amended to read:                                                                      
15 (a)  A person commits the crime of theft in the second degree if the person                                             
16       commits theft as defined in AS 11.46.100 and                                                                      
17 (1)  the value of the property or services [, ADJUSTED FOR                                                              
18 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than                                                   
19       $25,000;                                                                                                          
20                 (2)  the property is a firearm or explosive;                                                            
21                 (3)  the property is taken from the person of another;                                                  
22 (4)  the property is taken from a vessel and is vessel safety or survival                                               
23       equipment;                                                                                                        
24 (5)  the property is taken from an aircraft and the property is aircraft                                                
25       safety or survival equipment;                                                                                     
26 (6)  the value of the property [, ADJUSTED FOR INFLATION AS                                                             
27 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the                                           
28 preceding five years, the person has been convicted and sentenced on two or more                                        
29       separate occasions in this or another jurisdiction of                                                             
30 (A)  an offense under AS 11.46.120, or an offense under                                                                 
31            another law or ordinance with similar elements;                                                              
01                      (B)  a crime set out in this subsection or an offense under                                        
02            another law or ordinance with similar elements;                                                              
03                      (C)  an offense under AS 11.46.140(a)(1), or an offense under                                      
04            another law or ordinance with similar elements; or                                                           
05                      (D)  an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an                                       
06            offense under another law or ordinance with similar elements; or                                             
07                 (7)  the property is an access device.                                                                  
08    * Sec. 4. AS 11.46.140(a) is amended to read:                                                                      
09            (a)  A person commits the crime of theft in the third degree if the person                                   
10       commits theft as defined in AS 11.46.100 and                                                                      
11 (1)  the value of the property or services [, ADJUSTED FOR                                                              
12 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                             
13       or                                                                                                                
14                 (2)  [REPEALED]                                                                                         
15                 (3)  [REPEALED]                                                                                         
16 (4)  the value of the property is less than $250 and, within the preceding                                              
17 five years, the person has been convicted and sentenced on three or more separate                                       
18 occasions in this or another jurisdiction of theft or concealment of merchandise, or an                                 
19       offense under another law or ordinance with similar elements.                                                     
20    * Sec. 5. AS 11.46.150(a) is amended to read:                                                                      
21 (a)  A person commits the crime of theft in the fourth degree if the person                                             
22 commits theft as defined in AS 11.46.100 and the value of the property or services [,                                   
23       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
24    * Sec. 6. AS 11.46.220(c) is amended to read:                                                                      
25            (c)  Concealment of merchandise is                                                                           
26                 (1)  a class C felony if                                                                                
27                      (A)  the merchandise is a firearm;                                                                 
28 (B)  the value of the merchandise [, ADJUSTED FOR                                                                       
29            INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or                                                  
30 (C)  the value of the merchandise [, ADJUSTED FOR                                                                       
31 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
01            $750 and, within the preceding five years, the person has been convicted and                                 
02            sentenced on two or more separate occasions in this or another jurisdiction of                               
03                           (i)  the offense of concealment of merchandise under                                          
04                 this paragraph or (2)(A) of this subsection, or an offense under another                                
05                 law or ordinance with similar elements; or                                                              
06                           (ii)  an offense under AS 11.46.120, 11.46.130, or                                            
07                 11.46.140(a)(1), or an offense under another law or ordinance with                                      
08                 similar elements;                                                                                       
09                 (2)  a class A misdemeanor if                                                                           
10 (A)  the value of the merchandise [, ADJUSTED FOR                                                                       
11 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
12            $750; or                                                                                                     
13                      (B)  [REPEALED]                                                                                    
14 (C)  the value of the merchandise is less than $250 and, within                                                         
15 the preceding five years, the person has been convicted and sentenced on three                                          
16 or more separate occasions of the offense of concealment of merchandise or                                              
17 theft in any degree, or an offense under another law or ordinance with similar                                          
18            elements;                                                                                                    
19 (3)  a class B misdemeanor if the value of the merchandise [,                                                           
20       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
21    * Sec. 7. AS 11.46.260(b) is amended to read:                                                                      
22            (b)  Removal of identification marks is                                                                      
23 (1)  a class C felony if the value of the property on which the serial                                                  
24 number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                                     
25       PROVIDED IN AS 11.46.982,] is $750 or more;                                                                       
26 (2)  a class A misdemeanor if the value of the property on which the                                                    
27 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
28       PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                                    
29 (3)  a class B misdemeanor if the value of the property on which the                                                    
30 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
31       PROVIDED IN AS 11.46.982,] is less than $250.                                                                     
01    * Sec. 8. AS 11.46.270(b) is amended to read:                                                                      
02            (b)  Unlawful possession is                                                                                  
03                 (1)  a class C felony if the value of the property on which the serial                                  
04       number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                               
05       PROVIDED IN AS 11.46.982,] is $750 or more;                                                                       
06                 (2)  a class A misdemeanor if the value of the property on which the                                    
07       serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                        
08       PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                                    
09                 (3)  a class B misdemeanor if the value of the property on which the                                    
10 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
11       PROVIDED IN AS 11.46.982,] is less than $250.                                                                     
12    * Sec. 9. AS 11.46.280(d) is amended to read:                                                                      
13            (d)  Issuing a bad check is                                                                                  
14                 (1)  a class B felony if the face amount of the check is $25,000 or more;                               
15 (2)  a class C felony if the face amount of the check [, ADJUSTED                                                       
16 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than                                               
17       $25,000;                                                                                                          
18 (3)  a class A misdemeanor if the face amount of the check [,                                                           
19 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more                                                    
20       but less than $750;                                                                                               
21 (4)  a class B misdemeanor if the face amount of the check [,                                                           
22       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
23    * Sec. 10. AS 11.46.285(b) is amended to read:                                                                     
24            (b)  Fraudulent use of an access device is                                                                   
25 (1)  a class B felony if the value of the property or services obtained is                                              
26       $25,000 or more;                                                                                                  
27 (2)  a class C felony if the value of the property or services obtained [,                                              
28 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more                                                    
29       but less than $25,000;                                                                                            
30 (3)  a class A misdemeanor if the value of the property or services                                                     
31 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less                                                
01       than $750.                                                                                                        
02    * Sec. 11. AS 11.46.295 is amended to read:                                                                        
03 Sec. 11.46.295. Prior convictions. For purposes of considering prior                                                  
04 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or                                             
05 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under                                     
06       AS 11.46.220(c),                                                                                                
07                 (1)  a conviction for an offense under another law or ordinance with                                    
08       similar elements is a conviction of an offense having elements similar to those of an                             
09       offense defined as such under Alaska law at the time the offense was committed;                                   
10 (2)  a conviction for an offense under Alaska law where the value of the                                                
11 property or services for the offense was lower than the value of property or services                                   
12       for the offense under current Alaska law is a prior conviction for that offense; and                              
13 (3)  the court shall consider the date of a prior conviction as occurring                                               
14       on the date that sentence is imposed for the prior offense.                                                       
15    * Sec. 12. AS 11.46.360(a) is amended to read:                                                                     
16 (a)  A person commits the crime of vehicle theft in the first degree if, having                                         
17 no right to do so or any reasonable ground to believe the person has such a right, the                                  
18       person drives, tows away, or takes                                                                                
19 (1)  the car, truck, motorcycle, motor home, bus, aircraft, or watercraft                                               
20       of another;                                                                                                       
21                 (2)  the propelled vehicle of another and                                                               
22 (A)  the vehicle or any other property of another is damaged in a                                                       
23 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                   
24            AS 11.46.982,] of $750 or more;                                                                              
25 (B)  the owner incurs reasonable expenses as a result of the loss                                                       
26 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS                                                   
27            PROVIDED IN AS 11.46.982,] of $750 or more; or                                                               
28 (C)  the owner is deprived of the use of the vehicle for seven                                                          
29            days or more;                                                                                                
30 (3)  the propelled vehicle of another and the vehicle is marked as a                                                    
31       police or emergency vehicle; or                                                                                   
01                 (4)  the propelled vehicle of another and, within the preceding seven                                   
02       years, the person was convicted under                                                                             
03                      (A)  this section or AS 11.46.365;                                                                 
04                      (B)  former AS 11.46.482(a)(4) or (5);                                                             
05                      (C)  former AS 11.46.484(a)(2);                                                                    
06                      (D)  AS 11.46.120 - 11.46.140 of an offense involving the theft                                    
07            of a propelled vehicle; or                                                                                   
08                      (E)  a law or ordinance of this or another jurisdiction with                                       
09            elements substantially similar to those of an offense described in (A) - (D) of                              
10            this paragraph.                                                                                              
11    * Sec. 13. AS 11.46.482(a) is amended to read:                                                                     
12 (a)  A person commits the crime of criminal mischief in the third degree if,                                            
13 having no right to do so or any reasonable ground to believe the person has such a                                      
14       right,                                                                                                            
15 (1)  with intent to damage property of another, the person damages                                                      
16 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
17       IN AS 11.46.982,] of $750 or more;                                                                                
18 (2)  the person recklessly creates a risk of damage in an amount                                                        
19       exceeding $100,000 to property of another by the use of widely dangerous means; or                                
20                 (3)  the person knowingly                                                                               
21 (A)  defaces, damages, or desecrates a cemetery or the contents                                                         
22 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,                                             
23 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or                                            
24            memorial appears to be abandoned, lost, or neglected;                                                        
25 (B)  removes human remains or associated burial artifacts from                                                          
26 a cemetery, tomb, grave, or memorial regardless of whether the cemetery,                                                
27            tomb, grave, or memorial appears to be abandoned, lost, or neglected.                                        
28    * Sec. 14. AS 11.46.484(a) is amended to read:                                                                     
29 (a)  A person commits the crime of criminal mischief in the fourth degree if,                                           
30 having no right to do so or any reasonable ground to believe the person has such a                                      
31       right,                                                                                                            
01                 (1)  with intent to damage property of another, the person damages                                      
02       property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                            
03       IN AS 11.46.982,] of $250 or more but less than $750;                                                             
04                 (2)  the person tampers with a fire protection device in a building that is                             
05       a public place;                                                                                                   
06                 (3)  the person knowingly accesses a computer, computer system,                                         
07       computer program, computer network, or part of a computer system or network;                                      
08                 (4)  the person uses a device to descramble an electronic signal that has                               
09       been scrambled to prevent unauthorized receipt or viewing of the signal unless the                                
10 device is used only to descramble signals received directly from a satellite or unless                                  
11       the person owned the device before September 18, 1984; or                                                         
12 (5)  the person knowingly removes, relocates, defaces, alters, obscures,                                                
13 shoots at, destroys, or otherwise tampers with an official traffic control device or                                    
14       damages the work on a highway under construction.                                                                 
15    * Sec. 15. AS 11.46.486(a) is amended to read:                                                                     
16 (a)  A person commits the crime of criminal mischief in the fifth degree if,                                            
17 having no right to do so or any reasonable ground to believe the person has such a                                      
18       right,                                                                                                            
19 (1)  with reckless disregard for the risk of harm to or loss of the                                                     
20 property or with intent to cause substantial inconvenience to another, the person                                       
21       tampers with property of another;                                                                                 
22 (2)  with intent to damage property of another, the person damages                                                      
23 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
24       IN AS 11.46.982,] less than $250; or                                                                              
25 (3)  the person rides in a propelled vehicle and, with criminal                                                         
26 negligence, disregards the fact that it has been stolen or that it is being used in                                     
27       violation of AS 11.46.360 or 11.46.365(a)(1).                                                                     
28    * Sec. 16. AS 11.46.530(b) is amended to read:                                                                     
29            (b)  Criminal simulation is                                                                                  
30 (1)  a class C felony if the value of what the object purports to represent                                             
31 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or                                                      
01       more;                                                                                                             
02                 (2)  a class A misdemeanor if the value of what the object purports to                                  
03       represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is                                              
04       $250 or more but less than $750;                                                                                  
05                 (3)  a class B misdemeanor if the value of what the object purports to                                  
06       represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less                                         
07       than $250.                                                                                                        
08    * Sec. 17. AS 11.46.620(d) is amended to read:                                                                     
09            (d)  Misapplication of property is                                                                           
10 (1)  a class C felony if the value of the property misapplied [,                                                        
11       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more;                                             
12 (2)  a class A misdemeanor if the value of the property misapplied [,                                                   
13       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750.                                           
14    * Sec. 18. AS 11.46.730(c) is amended to read:                                                                     
15 (c)  Defrauding creditors is a class A misdemeanor unless that secured party,                                           
16 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR                                                  
17 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the                                              
18       defendant's conduct, in which case defrauding secured creditors is                                                
19                 (1)  a class B felony if the loss is $25,000 or more;                                                   
20 (2)  a class C felony if the loss [, ADJUSTED FOR INFLATION AS                                                          
21       PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000.                                                 
22    * Sec. 19.  AS 11.56.310(a) is amended to read:                                                                    
23 (a)  One commits the crime of escape in the second degree if, without lawful                                            
24       authority, one                                                                                                    
25                 (1)  removes oneself from                                                                               
26 (A)  a secure correctional facility while under official detention                                                      
27            for a misdemeanor;                                                                                           
28                      (B)  official detention for a felony or for extradition; or                                        
29 (C)  official detention and, during the escape or at any time                                                           
30 before being restored to official detention, one possesses on or about oneself a                                        
31            firearm;                                                                                                     
01                 (2)  violates AS 11.56.335 or 11.56.340 and, during the time of the                                     
02       unlawful evasion or at any time before being restored to official detention, one                                  
03       possesses on or about oneself a firearm; or                                                                       
04                 (3)  while under official detention for a felony,                                                   
05                      (A)  removes, tampers with, or disables the electronic                                         
06            monitoring equipment; [,] or                                                                             
07 (B)  without prior authorization, leaves one's residence or                                                         
08 other place designated by the commissioner of corrections or commissioner of                                        
09 health and social services for [THE] service by electronic monitoring [OF                                           
10            OFFICIAL DETENTION FOR A FELONY].                                                                            
11    * Sec. 20. AS 11.56.320(a) is amended to read:                                                                     
12            (a)  One commits the crime of escape in the third degree if one                                              
13 (1)  removes oneself from official detention during any lawful                                                          
14 movement or activity incident to confinement within a correctional facility for a                                       
15       misdemeanor; [OR]                                                                                                 
16 (2)  violates AS 11.56.335 or 11.56.340 and leaves or attempts to leave                                                 
17       the state;                                                                                                    
18                 (3)  while under official detention for a misdemeanor,                                              
19 (A)  removes, tampers with, or disables the electronic                                                              
20            monitoring equipment; or                                                                                 
21 (B)  without prior authorization, leaves one's residence or                                                         
22 other place designated by the commissioner of corrections or                                                        
23 commissioner of health and social services for service by electronic                                                
24            monitoring; or                                                                                           
25                 (4)  while on release under AS 12.30,                                                               
26 (A)  removes, tampers with, or disables the electronic                                                              
27            monitoring equipment; or                                                                                 
28 (B)  without prior authorization, leaves one's residence or                                                         
29            other place designated by a judicial officer as a condition of release.                                  
30    * Sec. 21. AS 11.56.730(a) is amended to read:                                                                     
31 (a)  A person commits the crime [OFFENSE] of failure to appear if the person                                        
01                 (1)  is released under the provisions of AS 12.30;                                                      
02                 (2)  knows that the person is required to appear before a court or                                      
03       judicial officer at the time and place of a scheduled hearing; and                                                
04                 (3)  with criminal negligence does not appear before the court or                                       
05       judicial officer at the time and place of the scheduled hearing.                                                  
06    * Sec. 22. AS 11.56.730(d) is amended to read:                                                                     
07            (d)  Failure to appear is a                                                                                  
08                 (1)  class C felony if the person was released in connection with a                                     
09       charge of a felony or while awaiting sentence or appeal after conviction of a felony                              
10       [AND THE PERSON                                                                                                   
11 (A)  DOES NOT MAKE CONTACT WITH THE COURT OR                                                                            
12 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES                                                                 
13 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED                                                                         
14            HEARING; OR                                                                                                  
15 (B)  DOES NOT APPEAR AT THE TIME AND PLACE OF A                                                                         
16            SCHEDULED HEARING TO AVOID PROSECUTION;]                                                                     
17                 (2)  class A misdemeanor if the person was released in connection with                                  
18 (A)  a charge of a misdemeanor, while awaiting sentence or                                                          
19            appeal after conviction of a misdemeanor; or                                                             
20 (B)  [, OR IN CONNECTION WITH] a requirement to appear                                                              
21            as a material witness in a criminal proceeding [, AND THE PERSON                                             
22 (A)  DOES NOT MAKE CONTACT WITH THE COURT OR                                                                            
23 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES                                                                 
24 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED                                                                         
25            HEARING; OR                                                                                                  
26 (B)  DOES NOT APPEAR AT THE TIME AND PLACE OF A                                                                         
27            SCHEDULED HEARING TO AVOID PROSECUTION; OR                                                                   
28                 (3)  VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000].                                                   
29    * Sec. 23. AS 11.56.757(b) is amended to read:                                                                     
30            (b)  Violation of condition of release is                                                                    
31 (1)  a class A misdemeanor if the person is released from a charge                                                  
01       or conviction of a felony;                                                                                    
02                 (2)  a class B misdemeanor if the person is released from a charge or                           
03       conviction of a misdemeanor.                                                                                
04    * Sec. 24. AS 11.56.760(a) is amended to read:                                                                     
05 (a)  A person commits the crime of violating an order to submit to DNA testing                                          
06 if, when requested by a health care professional acting on behalf of the state to provide                               
07 a blood sample, oral sample, or both, or when requested by a juvenile or adult                                          
08 correctional, probation, or parole officer or a peace officer to provide an oral sample,                                
09       the person refuses to provide the sample or samples and the person                                                
10 (1)  has been ordered to submit to DNA testing as part of a sentence                                                    
11       imposed under AS 12.55.015;                                                                                       
12 (2)  has been convicted of an offense that requires DNA testing under                                                   
13       the provisions of AS 44.41.035(b)(1) and (2); [AS 44.41.035; OR]                                              
14 (3)  is required to register as a sex offender or child kidnapper under                                                 
15       AS 12.63; or                                                                                                  
16 (4)  has been arrested for an offense that requires DNA testing                                                     
17       under the provisions of AS 44.41.035(b)(6).                                                                   
18    * Sec. 25. AS 11.56.760(c) is amended to read:                                                                     
19 (c)  Violating an order to submit to DNA testing under (a)(1) - (3) of this                                         
20       section is a class C felony.                                                                                  
21    * Sec. 26. AS 11.56.760 is amended by adding a new subsection to read:                                             
22 (d)  Violating an order to submit to DNA testing under (a)(4) of this section is                                        
23       a class A misdemeanor.                                                                                            
24    * Sec. 27. AS 11.56.810(a) is repealed and reenacted to read:                                                      
25 (a)  A person commits the crime of terroristic threatening in the second degree                                         
26       if the person                                                                                                     
27 (1)  communicates a threat to commit any crime against any person or                                                    
28       property with reckless disregard of the risk of                                                                   
29 (A)  placing a person in reasonable fear of serious physical                                                            
30            injury to any person;                                                                                        
31 (B)  causing the evacuation of a building, public place or area,                                                        
01            business premises, or mode of public transportation;                                                         
02                      (C)  causing a serious public inconvenience; or                                                    
03                      (D)  placing the public or a substantial group of the public in                                    
04            fear of serious physical injury;                                                                             
05 (2)  communicates a threat that a circumstance exists or is about to exist                                              
06 that is dangerous to the proper or safe functioning of an oil or gas pipeline or                                        
07 supporting facility, utility, or transportation or cargo facility; in this paragraph, "oil or                           
08 gas pipeline or supporting facility" and "utility" have the meanings given in                                           
09       AS 11.46.495.                                                                                                     
10    * Sec. 28. AS 11.61.110(c) is amended to read:                                                                     
11 (c)  Disorderly conduct is a class B misdemeanor and is punishable as                                               
12 authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall                                    
13       be for a definite term of not more than 10 days.                                                            
14    * Sec. 29. AS 11.71 is amended by adding a new section to read:                                                    
15 Sec. 11.71.021. Misconduct involving a controlled substance in the second                                             
16 degree. (a) Except as authorized in AS 17.30, a person commits the crime of                                           
17       misconduct involving a controlled substance in the second degree if the person                                    
18 (1)  manufactures or delivers any amount of a schedule IA controlled                                                    
19 substance or possesses any amount of a schedule IA controlled substance with intent                                     
20       to manufacture or deliver;                                                                                        
21 (2)  manufactures any material, compound, mixture, or preparation that                                                  
22       contains                                                                                                          
23 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
24            or                                                                                                           
25 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
26            isomers, or salts of isomers;                                                                                
27 (3)  possesses an immediate precursor of methamphetamine, or the                                                        
28 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                      
29 with the intent to manufacture any material, compound, mixture, or preparation that                                     
30       contains methamphetamine, or its salts, isomers, or salts of isomers;                                             
31 (4)  possesses a listed chemical with intent to manufacture any material,                                               
01       compound, mixture, or preparation that contains                                                                   
02                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
03            or                                                                                                           
04                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
05            isomers, or salts of isomer;                                                                                 
06                 (5)  possesses methamphetamine in an organic solution with intent to                                    
07       extract from it methamphetamine or its salts, isomers, or salts of isomers; or                                    
08                 (6)  under circumstances not proscribed under AS 11.71.010(a)(2),                                       
09       delivers                                                                                                          
10 (A)  an immediate precursor of methamphetamine, or the salts,                                                           
11 isomers, or salts of isomers of the immediate precursor of methamphetamine,                                             
12 to another person with reckless disregard that the precursor will be used to                                            
13 manufacture any material, compound, mixture, or preparation that contains                                               
14            methamphetamine, or its salts, isomers, or salts of isomers; or                                              
15 (B)  a listed chemical to another person with reckless disregard                                                        
16 that the listed chemical will be used to manufacture any material, compound,                                            
17            mixture, or preparation that contains                                                                        
18 (i)  methamphetamine, or its salts, isomers, or salts of                                                                
19                 isomers;                                                                                                
20 (ii)  an immediate precursor of methamphetamine, or its                                                                 
21                 salts, isomers, or salts of isomers; or                                                                 
22 (iii)  methamphetamine or its salts, isomers, or salts of                                                               
23                 isomers in an organic solution.                                                                         
24 (b)  In a prosecution under (a) of this section, possession of more than six                                            
25 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or                                       
26 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that                                 
27 the person intended to use the listed chemicals to manufacture, to aid or abet another                                  
28 person to manufacture, or to deliver to another person who intends to manufacture                                       
29 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers                                   
30 of methamphetamine or its immediate precursors. The prima facie evidence described                                      
31       in this subsection does not apply to a person who possesses                                                       
01                 (1)  the listed chemicals ephedrine, pseudoephedrine,                                                   
02       phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals                                
03                      (A)  and the listed chemical was dispensed to the person under a                                   
04            valid prescription; or                                                                                       
05                      (B)  in the ordinary course of a legitimate business, or an                                        
06            employee of a legitimate business, as a                                                                      
07                           (i)  retailer or as a wholesaler;                                                             
08                           (ii)  wholesale drug distributor licensed by the Board of                                     
09                 Pharmacy;                                                                                               
10 (iii)  manufacturer of drug products licensed by the                                                                    
11                 Board of Pharmacy;                                                                                      
12                           (iv)  pharmacist licensed by the Board of Pharmacy; or                                        
13                           (v)  health care professional licensed by the state; or                                       
14 (2)  less than 24 grams of ephedrine, pseudoephedrine,                                                                  
15 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals,                                     
16 kept in a locked storage area on the premises of a legitimate business or nonprofit                                     
17 organization operating a camp, lodge, school, day care center, treatment center, or                                     
18 other organized group activity, and the location or nature of the activity, or the age of                               
19 the participants, makes it impractical for the participants in the activity to obtain                                   
20       medicinal products.                                                                                               
21 (c)  In this section, "listed chemical" means a chemical described under                                                
22       AS 11.71.200.                                                                                                     
23 (d)  Misconduct involving a controlled substance in the second degree is a                                              
24       class A felony.                                                                                                   
25    * Sec. 30. AS 11.71.030(a) is amended to read:                                                                     
26 (a)  Except as authorized in AS 17.30, a person commits the crime of                                                    
27 misconduct involving a controlled substance in the third [SECOND] degree if the                                     
28       person                                                                                                            
29 (1)  manufactures or delivers, or possesses with intent to manufacture                                                  
30       or deliver,                                                                                                       
31 (A)  one or more preparations, compounds, mixtures, or                                                                  
01            substances of an aggregate weight of one gram or more containing a schedule                                  
02            IA controlled substance;                                                                                     
03                      (B)  25 or more tablets, ampules, or syrettes containing a                                         
04            schedule IA controlled substance;                                                                            
05                      (C)  one or more preparations, compounds, mixtures, or                                             
06            substances of an aggregate weight of 2.5 grams or more containing a schedule                                 
07            IIA or IIIA controlled substance; or                                                                         
08                      (D)  50 or more tablets, ampules, or syrettes containing a                                         
09            schedule IIA or IIIA controlled substance;                                                                   
10 (2)  delivers any amount of a schedule IVA, VA, or VIA controlled                                                       
11 substance to a person under 19 years of age who is at least three years younger than                                    
12       the person delivering the substance;                                                                              
13                 (3)  possesses any amount of a schedule IA or IIA controlled substance                                  
14                      (A)  with reckless disregard that the possession occurs                                            
15                           (i)  on or within 500 feet of school grounds; or                                              
16 (ii)  at or within 500 feet of a recreation or youth center;                                                            
17                 or                                                                                                      
18                      (B)  on a school bus;                                                                              
19 (4)  manufactures any material, compound, mixture, or preparation that                                                  
20       contains                                                                                                          
21 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
22            or                                                                                                           
23 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
24            isomers, or salts of isomers;                                                                                
25 (5)  possesses an immediate precursor of methamphetamine, or the                                                        
26 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                      
27 with the intent to manufacture any material, compound, mixture, or preparation that                                     
28       contains methamphetamine, or its salts, isomers, or salts of isomers;                                             
29 (6)  possesses a listed chemical with intent to manufacture any material,                                               
30       compound, mixture, or preparation that contains                                                                   
31 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
01            or                                                                                                           
02                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
03            isomers, or salts of isomers;                                                                                
04                 (7)  possesses methamphetamine in an organic solution with intent to                                    
05       extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR]                                  
06                 (8)  under circumstances not proscribed under AS 11.71.010(a)(2),                                       
07       delivers                                                                                                          
08                      (A)  an immediate precursor of methamphetamine, or the salts,                                      
09            isomers, or salts of isomers of the immediate precursor of methamphetamine,                                  
10 to another person with reckless disregard that the precursor will be used to                                            
11 manufacture any material, compound, mixture, or preparation that contains                                               
12            methamphetamine, or its salts, isomers, or salts of isomers; or                                              
13 (B)  a listed chemical to another person with reckless disregard                                                        
14 that the listed chemical will be used to manufacture any material, compound,                                            
15            mixture, or preparation that contains                                                                        
16 (i)  methamphetamine, or its salts, isomers, or salts of                                                                
17                 isomers;                                                                                                
18 (ii)  an immediate precursor of methamphetamine, or its                                                                 
19                 salts, isomers, or salts of isomers; or                                                                 
20 (iii)  methamphetamine or its salts, isomers, or salts of                                                               
21                 isomers in an organic solution; or                                                                  
22 (9)  under circumstances not proscribed under AS 11.71.021(a)(2) -                                                  
23 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled                                       
24 substance or possesses any amount of a schedule IIA or IIIA controlled substance                                    
25       with intent to manufacture or deliver.                                                                        
26    * Sec. 31. AS 11.71.030(d) is amended to read:                                                                     
27 (d)  Misconduct involving a controlled substance in the third [SECOND]                                              
28       degree is a class B felony.                                                                                       
29    * Sec. 32. AS 11.71.040(a) is amended to read:                                                                     
30 (a)  Except as authorized in AS 17.30, a person commits the crime of                                                    
31 misconduct involving a controlled substance in the fourth [THIRD] degree if the                                     
01       person                                                                                                            
02                 (1)  manufactures or delivers any amount of a schedule IVA or VA                                        
03       controlled substance or possesses any amount of a schedule IVA or VA controlled                                   
04       substance with intent to manufacture or deliver;                                                                  
05 (2)  manufactures or delivers, or possesses with the intent to                                                          
06 manufacture or deliver, one or more preparations, compounds, mixtures, or substances                                    
07 of an aggregate weight of one ounce or more containing a schedule VIA controlled                                        
08       substance;                                                                                                        
09                 (3)  possesses                                                                                          
10                      (A)  any amount of a                                                                           
11 (i)  schedule IA controlled substance [LISTED IN                                                                    
12                 AS 11.71.140(e)];                                                                                       
13 (ii)  schedule IIA controlled substance except a                                                                    
14                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                          
15 (B)  25 or more tablets, ampules, or syrettes containing a                                                          
16            schedule IIIA or IVA controlled substance;                                                               
17 (C)  one or more preparations, compounds, mixtures, or                                                              
18            substances of an aggregate weight of                                                                     
19 (i)  three grams or more containing a schedule IIIA                                                                 
20 or IVA controlled substance except a controlled substance in a                                                      
21                 form listed in (ii) of this subparagraph;                                                           
22 (ii)  12 grams or more containing a schedule IIIA                                                                   
23 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been                                              
24 sprayed on or otherwise applied to tobacco, an herb, or another                                                     
25                 organic material; or                                                                                
26 (iii)  500 milligrams or more of a schedule IIA                                                                     
27                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                          
28 (D)  50 or more tablets, ampules, or syrettes containing a                                                          
29            schedule VA controlled substance;                                                                        
30 (E)  one or more preparations, compounds, mixtures, or                                                              
31 substances of an aggregate weight of six grams or more containing a                                                 
01            schedule VA controlled substance;                                                                        
02                      (F)  one or more preparations, compounds, mixtures, or                                         
03            substances of an aggregate weight of four ounces or more containing a                                    
04            schedule VIA controlled substance; or                                                                    
05                      (G)  25 or more plants of the genus cannabis;                                                
06                 (4)  possesses a schedule IIIA, IVA, VA, or VIA controlled substance                                    
07                      (A)  with reckless disregard that the possession occurs                                            
08                           (i)  on or within 500 feet of school grounds; or                                              
09                           (ii)  at or within 500 feet of a recreation or youth center;                                  
10                 or                                                                                                      
11                      (B)  on a school bus;                                                                              
12 (5)  knowingly keeps or maintains any store, shop, warehouse,                                                           
13 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for                               
14 keeping or distributing controlled substances in violation of a felony offense under this                               
15       chapter or AS 17.30;                                                                                              
16 (6)  makes, delivers, or possesses a punch, die, plate, stone, or other                                                 
17 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying                                
18 mark, imprint, or device of another or any likeness of any of these on a drug, drug                                     
19       container, or labeling so as to render the drug a counterfeit substance;                                          
20 (7)  knowingly uses in the course of the manufacture or distribution of a                                               
21 controlled substance a registration number that is fictitious, revoked, suspended, or                                   
22       issued to another person;                                                                                         
23 (8)  knowingly furnishes false or fraudulent information in or omits                                                    
24 material information from any application, report, record, or other document required                                   
25       to be kept or filed under AS 17.30;                                                                               
26 (9)  obtains possession of a controlled substance by misrepresentation,                                                 
27       fraud, forgery, deception, or subterfuge;                                                                         
28 (10)  affixes a false or forged label to a package or other container                                                   
29       containing any controlled substance; or                                                                           
30 (11)  manufactures or delivers, or possesses with the intent to                                                         
31       manufacture or deliver,                                                                                           
01                      (A)  one or more preparations, compounds, mixtures, or                                             
02            substances of an aggregate weight of less than one gram containing a schedule                                
03            IA controlled substance;                                                                                     
04                      (B)  less than 25 tablets, ampules, or syrettes containing a                                       
05            schedule IA controlled substance;                                                                            
06                      (C)  one or more preparations, compounds, mixtures, or                                             
07            substances of an aggregate weight of less than 2.5 grams containing a schedule                               
08            IIA or IIIA controlled substance; or                                                                         
09                      (D)  less than 50 tablets, ampules, or syrettes containing a                                       
10            schedule IIA or IIIA controlled substance.                                                                   
11    * Sec. 33. AS 11.71.040(d) is amended to read:                                                                     
12 (d)  Misconduct involving a controlled substance in the fourth [THIRD]                                              
13       degree is a class C felony.                                                                                       
14    * Sec. 34. AS 11.71.050 is amended to read:                                                                        
15 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth                                            
16       [FOURTH] degree.                                                                                                
17 (a)  Except as authorized in AS 17.30, a person commits the crime of                                                    
18 misconduct involving a controlled substance in the fifth [FOURTH] degree if the                                     
19       person                                                                                                            
20 (1)  manufactures or delivers, or possesses with the intent to                                                          
21 manufacture or deliver, one or more preparations, compounds, mixtures, or substances                                    
22 of an aggregate weight of less than one ounce containing a schedule VIA controlled                                      
23       substance;                                                                                                        
24                 (2)  [REPEALED]                                                                                         
25 (3)  fails to make, keep, or furnish any record, notification, order form,                                              
26       statement, invoice, or information required under AS 17.30; [OR]                                                  
27 (4)  under circumstances not proscribed under AS 11.71.030(a)(3),                                                       
28 11.71.040(a)(3), 11.71.040(a)(4), or 11.71.060(a)(2), possesses any amount of a                                         
29       schedule IA, IIA, IIIA, IVA, VA, or VIA controlled substance; or                                              
30                 (5)  possesses                                                                                      
31 (A)  less than 25 tablets, ampules, or syrettes containing a                                                        
01            schedule IIIA or IVA controlled substance;                                                               
02                      (B)  one or more preparations, compounds, mixtures, or                                         
03            substances of an aggregate weight of less than                                                           
04                           (i)  three grams containing a schedule IIIA or IVA                                        
05                 controlled substance except a controlled substance in a form listed                                 
06                 in (ii) of this subparagraph;                                                                       
07 (ii)  12 grams but more than six grams containing a                                                                 
08 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) -                                                   
09 (16) that has been sprayed on or otherwise applied to tobacco, an                                                   
10                 herb, or another organic material; or                                                               
11 (iii)  500 milligrams containing a schedule IIA                                                                     
12                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                          
13 (C)  less than 50 tablets, ampules, or syrettes containing a                                                        
14            schedule VA controlled substance;                                                                        
15 (D)  one or more preparations, compounds, mixtures, or                                                              
16 substances of an aggregate weight of less than six grams containing a                                               
17            schedule VA controlled substance; or                                                                     
18 (E)  one or more preparations, compounds, mixtures, or                                                              
19 substances of an aggregate weight of one ounce or more containing a                                                 
20            schedule VIA controlled substance.                                                                       
21 (b)  Misconduct involving a controlled substance in the fifth [FOURTH]                                              
22       degree is a class A misdemeanor.                                                                                  
23    * Sec. 35. AS 11.71.060 is amended to read:                                                                        
24 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth                                            
25 [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of                                   
26       misconduct involving a controlled substance in the sixth [FIFTH] degree if the person                       
27 (1)  uses or displays any amount of a schedule VIA controlled                                                           
28       substance;                                                                                                        
29 (2)  possesses one or more preparations, compounds, mixtures, or                                                        
30       substances of an aggregate weight of                                                                              
31 (A)  less than one ounce containing a schedule VIA controlled                                                           
01            substance;                                                                                                   
02                      (B)  six grams or less containing a schedule IIIA controlled                                       
03            substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or                                    
04            otherwise applied to tobacco, an herb, or another organic material; or                                       
05                 (3)  refuses entry into a premise for an inspection authorized under                                    
06       AS 17.30.                                                                                                         
07            (b)  Misconduct involving a controlled substance in the sixth [FIFTH] degree                             
08       is a class B misdemeanor.                                                                                         
09    * Sec. 36. AS 11.71.311(a) is amended to read:                                                                     
10 (a)  A person may not be prosecuted for a violation of AS 11.71.030(a)(3),                                              
11 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4),] or 11.71.060(a)(1) or (2) if                             
12       that person                                                                                                       
13 (1)  sought, in good faith, medical or law enforcement assistance for                                                   
14 another person who the person reasonably believed was experiencing a drug overdose                                      
15       and                                                                                                               
16 (A)  the evidence supporting the prosecution for an offense                                                             
17 under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(5)                                                   
18 [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) was obtained or discovered as a                                            
19            result of the person seeking medical or law enforcement assistance;                                          
20 (B)  the person remained at the scene with the other person until                                                       
21            medical or law enforcement assistance arrived; and                                                           
22 (C)  the person cooperated with medical or law enforcement                                                              
23            personnel, including by providing identification;                                                            
24 (2)  was experiencing a drug overdose and sought medical assistance,                                                    
25 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3),                                      
26 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2)                                
27       was obtained as a result of the overdose and the need for medical assistance.                                     
28    * Sec. 37. AS 12.55.090(c) is amended to read:                                                                     
29            (c)  The period of probation, together with any extension, may not exceed                                    
30                 (1) 25 [15] years for a felony sex offense; or                                                  
31 (2)  10 years for any other offense [AN UNCLASSIFIED FELONY                                                         
01       UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION;                                                                 
02                 (3)  FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1)                                                  
03       OR (2) OF THIS SUBSECTION;                                                                                        
04                 (4)  THREE YEARS FOR A MISDEMEANOR OFFENSE                                                              
05                      (A)  UNDER AS 11.41;                                                                               
06                      (B)  THAT IS A CRIME INVOLVING DOMESTIC                                                            
07            VIOLENCE; OR                                                                                                 
08                      (C)  THAT IS A SEX OFFENSE, AS THAT TERM IS                                                        
09            DEFINED IN AS 12.63.100;                                                                                   
10 (5)  TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER                                                                          
11 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN                                                            
12 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A                                                           
13       SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR                                                      
14 (6)  ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF                                                                 
15       THIS SUBSECTION].                                                                                                 
16    * Sec. 38. AS 12.55.125(c) is amended to read:                                                                     
17 (c)  Except as provided in (i) of this section, a defendant convicted of a class A                                      
18 felony may be sentenced to a definite term of imprisonment of not more than 20 years,                                   
19 and shall be sentenced to a definite term within the following presumptive ranges,                                      
20       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
21 (1)  if the offense is a first felony conviction and does not involve                                                   
22       circumstances described in (2) of this subsection, five [THREE] to eight [SIX] years;                     
23 (2)  if the offense is a first felony conviction and the defendant [(A)]                                                
24 possessed a firearm, used a dangerous instrument, or caused serious physical injury or                                  
25 death during the commission of the offense, [FIVE TO NINE YEARS;] or [(B)]                                              
26 knowingly directed the conduct constituting the offense at a uniformed or otherwise                                     
27 clearly identified peace officer, firefighter, correctional employee, emergency medical                                 
28 technician, paramedic, ambulance attendant, or other emergency responder who was                                        
29 engaged in the performance of official duties at the time of the offense, seven to 11                                   
30       years;                                                                                                            
31 (B)  and the conviction is for manufacturing related to                                                             
01 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years,                                              
02            if                                                                                                       
03 (i)  the manufacturing occurred in a building with                                                                  
04 reckless disregard that the building was used as a permanent or                                                     
05 temporary home or place of lodging for one or more children                                                         
06 under 18 years of age or the building was a place frequented by                                                     
07                 children; or                                                                                        
08 (ii)  in the course of manufacturing or in preparation                                                              
09 for manufacturing, the defendant obtained the assistance of one or                                                  
10 more children under 18 years of age or one or more children were                                                    
11                 present;                                                                                            
12 (3)  if the offense is a second felony conviction, 10 [EIGHT] to 14 [12]                                        
13       years;                                                                                                            
14 (4)  if the offense is a third felony conviction and the defendant is not                                               
15       subject to sentencing under (l) of this section, 15 [13] to 20 years.                                         
16    * Sec. 39. AS 12.55.125(d) is amended to read:                                                                     
17 (d)  Except as provided in (i) of this section, a defendant convicted of a class B                                      
18 felony may be sentenced to a definite term of imprisonment of not more than 10 years,                                   
19 and shall be sentenced to a definite term within the following presumptive ranges,                                      
20       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
21 (1)  if the offense is a first felony conviction and does not involve                                                   
22 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years;                             
23 a defendant sentenced under this paragraph may, if the court finds it appropriate, be                                   
24 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of                                 
25 probation under AS 12.55.086, the defendant is required to serve an active term                                     
26 of imprisonment within the range specified in this paragraph, unless the court                                      
27       finds that a mitigation factor under AS 12.55.155 applies;                                                    
28                 (2)  if the offense is a first felony conviction,                                                       
29 (A)  the defendant violated AS 11.41.130, and the victim was                                                        
30            [(A)] a child under 16 years of age, two to four years; [OR]                                                 
31 (B)  the conviction is for an attempt, solicitation, or                                                             
01 conspiracy to manufacture related to methamphetamine under AS 11.31                                                 
02            and AS 11.71.021(a)(2)(A) or (B), and                                                                    
03 (i)  the attempted manufacturing occurred, or the                                                                   
04 solicited or conspired offense was to have occurred, in a building                                                  
05 with reckless disregard that the building was used as a permanent                                                   
06 or temporary home or place of lodging for one or more children                                                      
07 under 18 years of age or the building was a place frequented by                                                     
08                 children; or                                                                                        
09 (ii)  in the course of an attempt to manufacture, the                                                               
10 defendant obtained the assistance of one or more children under 18                                                  
11 years of age or one or more children were present [WAS 16 YEARS                                                     
12                 OF AGE OR OLDER, ONE TO THREE YEARS];                                                                   
13 (3)  if the offense is a second felony conviction, four [TWO] to seven                                          
14       [FIVE] years;                                                                                                     
15                 (4)  if the offense is a third felony conviction, six [FOUR] to 10 years.                           
16    * Sec. 40. AS 12.55.125(e) is amended to read:                                                                     
17 (e)  Except as provided in (i) of this section, a defendant convicted of a class C                                      
18 felony may be sentenced to a definite term of imprisonment of not more than five                                        
19 years, and shall be sentenced to a definite term within the following presumptive                                       
20       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
21 (1)  if the offense is a first felony conviction and does not involve                                                   
22 circumstances described in (4) of this subsection, zero to two years; a defendant                                       
23 sentenced under this paragraph may, if the court finds it appropriate, be granted a                                     
24 suspended imposition of sentence under AS 12.55.085, and the court may, as a                                            
25 condition of probation under AS 12.55.086, require the defendant to serve an active                                     
26       term of imprisonment within the range specified in this paragraph;                                                
27 (2)  if the offense is a second felony conviction, two [ONE] to four                                                
28       years;                                                                                                            
29 (3)  if the offense is a third felony conviction, three [TWO] to five                                               
30       years;                                                                                                            
31 (4)  if the offense is a first felony conviction, and the defendant violated                                            
01       AS 08.54.720(a)(15), one to two years.                                                                            
02    * Sec. 41. AS 12.55.125(q) is amended to read:                                                                     
03 (q)  Other than for convictions subject to a mandatory 99-year sentence, the                                            
04 court shall impose, in addition to an active term of imprisonment imposed under (i) of                                  
05 this section, a minimum period of (1) suspended imprisonment of five years and a                                        
06 minimum period of probation supervision of 15 years for conviction of an unclassified                                   
07 felony, (2) suspended imprisonment of three years and a minimum period of probation                                     
08 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended                                 
09 imprisonment of two years and a minimum period of probation supervision of five                                         
10 years for conviction of a class C felony. The period of probation is in addition to any                                 
11 sentence received under (i) of this section and may not be suspended or reduced.                                    
12 Upon a defendant's release from confinement in a correctional facility, the                                         
13 defendant is subject to the probation requirement under this subsection and shall                                   
14       submit and comply with the terms and requirements of the probation.                                           
15    * Sec. 42. AS 12.55.135(a) is amended to read:                                                                     
16 (a)  A defendant convicted of a class A misdemeanor may be sentenced to a                                               
17       definite term of imprisonment of not more than                                                                    
18                 [(1)]  one year [, IF THE                                                                               
19 (A)  CONVICTION IS FOR A CRIME WITH A                                                                                   
20 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE                                                                     
21            IMPRISONMENT;                                                                                                
22 (B)  TRIER OF FACT FINDS THE AGGRAVATING                                                                                
23 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS                                                                    
24 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE                                                                          
25            DEFINITION OF THE OFFENSE;                                                                                   
26 (C)  DEFENDANT HAS PAST CRIMINAL CONVICTIONS                                                                            
27 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS                                                                   
28 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE                                                                      
29            OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED;                                                          
30 (D)  CONVICTION IS FOR AN ASSAULT IN THE FOURTH                                                                         
31            DEGREE UNDER AS 11.41.230; OR                                                                                
01                      (E)  CONVICTION IS FOR A VIOLATION OF                                                              
02                           (i)  AS 11.41.427;                                                                            
03                           (ii)  AS 11.41.440;                                                                           
04                           (iii)  AS 11.41.460, IF THE INDECENT EXPOSURE                                                 
05                 IS BEFORE A PERSON UNDER 16 YEARS OF AGE;                                                               
06                           (iv)  AS 11.61.116(c)(2); OR                                                                  
07                           (v)  AS 11.61.118(a)(2);                                                                      
08                 (2)  30 DAYS].                                                                                          
09    * Sec. 43. AS 12.55.135(b) is amended to read:                                                                     
10 (b)  A defendant convicted of a class B misdemeanor may be sentenced to a                                               
11       definite term of imprisonment of not more than 90                                                             
12 [(1) 10] days unless otherwise specified in the provision of law defining                                               
13       the offense [OR IN THIS SECTION;                                                                                  
14                 (2)  90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF                                                    
15 (A)  AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS                                                                      
16            OF AGE OR OLDER; OR                                                                                          
17 (B)  AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF                                                                   
18            AGE OR OLDER; OR                                                                                             
19 (3)  FIVE DAYS IF THE CONVICTION IS FOR A VIOLATION OF                                                                  
20       AS 11.56.757].                                                                                                    
21    * Sec. 44. AS 12.55.135 is amended by adding a new subsection to read:                                             
22 (q)  A court may not impose a sentence of imprisonment or suspended                                                     
23 imprisonment for possession of marijuana in violation of AS 11.71.060 if the                                            
24 defendant alleges, and the court finds, that the defendant was not under formal or                                      
25 informal probation or parole conditions in this or another jurisdiction at the time of the                              
26 offense; that the defendant possessed the marijuana for the defendant's personal use                                    
27 within the defendant's permanent or temporary residence; and that the defendant has                                     
28 not been previously convicted more than once in this or another jurisdiction for                                        
29 possession of marijuana. If the defendant has not been previously convicted as                                          
30 described in this subsection, the maximum unsuspended fine that the court may                                           
31 impose is $500. If the defendant has been previously convicted once as described in                                     
01       this subsection, the maximum unsuspended fine that the court may impose is $1,000.                                
02       In this subsection,                                                                                               
03                 (1)  "permanent or temporary residence" means a permanent structure                                     
04       adopted for overnight accommodation; "permanent or temporary residence" does not                                  
05       include                                                                                                           
06                      (A)  vehicles, tents, prisons or other correctional facilities,                                    
07            residential treatment facilities, or shelters operated by a charitable organization                          
08            or a government agency;                                                                                      
09                      (B)  any place where the defendant's possession or use of                                          
10 marijuana violated established rules for residents, such as a ban on smoking or                                         
11            a ban on marijuana or other controlled substances;                                                           
12 (2)  "previously convicted" means the defendant entered a plea of                                                       
13 guilty, no contest, or nolo contendere, or has been found guilty by a court or jury,                                    
14 regardless of whether the conviction was set aside under AS 12.55.085 or a similar                                      
15 procedure in another jurisdiction, of possession of marijuana; "previously convicted"                                   
16       does not include a judgment that has been reversed or vacated by a court.                                         
17    * Sec. 45. AS 28.35.030(k) is amended to read:                                                                     
18 (k)  Imprisonment required under (b)(1)(A) of this section shall be served at a                                     
19 community residential center or by electronic monitoring at a private residence                                     
20 under AS 33.30.065. If a community residential center or electronic monitoring at a                             
21 private residence is not available, imprisonment required under (b)(1)(A) of this                                   
22 section may [SHALL] be served at another appropriate place [A PRIVATE                                           
23 RESIDENCE BY OTHER MEANS] determined by the commissioner of corrections.                                                
24 [A PERSON WHO IS SERVING A SENTENCE OF IMPRISONMENT REQUIRED                                                            
25 UNDER (b)(1)(A) OF THIS SECTION BY ELECTRONIC MONITORING AT A                                                           
26 PRIVATE RESIDENCE MAY NOT BE SUBJECT TO A SEARCH OF THE                                                                 
27 PERSON'S DWELLING BY A PEACE OFFICER OR A PERSON REQUIRED TO                                                            
28 ADMINISTER THE ELECTRONIC MONITORING UNDER AS 33.30.065(a),                                                             
29 EXCEPT UPON PROBABLE CAUSE.] Imprisonment required under (b)(1)(B) - (F)                                                
30 of this section may be served at a community residential center or at a private                                         
31 residence if approved by the commissioner of corrections. Imprisonment served at a                                      
01 private residence must include electronic monitoring under AS 33.30.065 [OR, IF                                         
02 ELECTRONIC MONITORING IS NOT AVAILABLE, BY OTHER MEANS AS                                                               
03 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of                                                             
04 imprisonment resulting from the sentence imposed under (b)(1) of this section shall be                                  
05 paid to the state by the person being sentenced. The cost of imprisonment required to                                   
06 be paid under this subsection may not exceed $2,000. Upon the person's conviction,                                      
07 the court shall include the costs of imprisonment as a part of the judgment of                                          
08 conviction. Except for reimbursement from a permanent fund dividend as provided in                                      
09 this subsection, payment of the cost of imprisonment is not required if the court                                       
10 determines the person is indigent. For costs of imprisonment that are not paid by the                                   
11 person as required by this subsection, the state shall seek reimbursement from the                                      
12 person's permanent fund dividend as provided under AS 43.23.065. A person                                               
13 sentenced under (b)(1)(B) of this section shall perform at least 160 hours of                                           
14 community service work, as required by the director of the community residential                                        
15 center or other appropriate place, or as required by the commissioner of corrections if                                 
16 the sentence is being served at a private residence. In this subsection, "appropriate                                   
17 place" means a facility with 24-hour on-site staff supervision that is specifically                                     
18 adapted to provide a residence, and includes a correctional center, residential treatment                               
19 facility, hospital, halfway house, group home, work farm, work camp, or other place                                     
20       that provides varying levels of restriction.                                                                      
21    * Sec. 46. AS 28.35.032(o) is amended to read:                                                                   
22 (o)  Imprisonment required under (g)(1)(A) of this section shall be served at a                                         
23 community residential center, or if a community residential center [PRIVATE                                         
24 RESIDENCE BY ELECTRONIC MONITORING UNDER AS 33.30.065. IF                                                               
25 ELECTRONIC MONITORING] is not available, at another appropriate place                                               
26 [IMPRISONMENT UNDER (g)(1)(A) OF THIS SECTION SHALL BE SERVED                                                           
27 AT A PRIVATE RESIDENCE BY OTHER MEANS AS] determined by the                                                             
28 commissioner of corrections. [A PERSON WHO IS SERVING A SENTENCE OF                                                     
29 IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS SECTION BY                                                                
30 ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY NOT BE                                                                 
31 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE                                                                 
01 OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC                                                               
02 MONITORING UNDER AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE.]                                                          
03 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a                                          
04 community residential center or at a private residence if approved by the                                               
05 commissioner of corrections. Imprisonment served at a private residence must include                                    
06 electronic monitoring under AS 33.30.065 [OR, IF ELECTRONIC MONITORING IS                                               
07 NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS AS DETERMINED                                                             
08 BY THE COMMISSIONER OF CORRECTIONS]. The cost of imprisonment                                                           
09 resulting from the sentence imposed under (g)(1) of this section shall be paid to the                                   
10 state by the person being sentenced. The cost of imprisonment required to be paid                                       
11 under this subsection may not exceed $2,000. Upon the person's conviction, the court                                    
12 shall include the costs of imprisonment as a part of the judgment of conviction. Except                                 
13 for reimbursement from a permanent fund dividend as provided in this subsection,                                        
14 payment of the cost of imprisonment is not required if the court determines the person                                  
15 is indigent. For costs of imprisonment that are not paid by the person as required by                                   
16 this subsection, the state shall seek reimbursement from the person's permanent fund                                    
17 dividend as provided under AS 43.23.065. A person sentenced under (g)(1)(B) of this                                     
18 section shall perform at least 160 hours of community service work, as required by the                                  
19 director of the community residential center or other appropriate place, or as required                                 
20 by the commissioner of corrections if the sentence is being served at a private                                         
21 residence. In this subsection, "appropriate place" means a facility with 24-hour on-site                                
22 staff supervision that is specifically adapted to provide a residence, and includes a                                   
23 correctional center, residential treatment facility, hospital, halfway house, group home,                               
24       work farm, work camp, or other place that provides varying levels of restriction.                                 
25    * Sec. 47. AS 34.03.360(7) is amended to read:                                                                     
26 (7)  "illegal activity involving a controlled substance" means a violation                                              
27 of AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4)                              
28       - (8)], or 11.71.040(a)(1), (2), or (5);                                                                          
29    * Sec. 48. AS 47.12.315(a) is amended to read:                                                                     
30 (a)  Notwithstanding AS 47.12.310 and except as otherwise provided in this                                              
31 section, the department shall disclose information to the public, on request, concerning                                
01       a minor subject to this chapter who was at least 13 years of age at the time of                                   
02       commission of                                                                                                     
03                 (1)  a felony offense against a person under AS 11.41;                                                  
04                 (2)  arson in the first or second degree;                                                               
05                 (3)  burglary in the first degree;                                                                      
06                 (4)  distribution of child pornography;                                                                 
07                 (5)  sex trafficking in the first degree;                                                               
08                 (6)  misconduct involving a controlled substance in the first, [OR]                                 
09       second, or third degrees involving distribution or possession with intent to deliver; or                  
10                 (7)  misconduct involving weapons in the first through fourth degrees.                                  
11    * Sec. 49.  AS 47.30.907 is amended by adding a new subsection to read:                                            
12 (c) Notwithstanding AS 47.30.845, by December 31, 2019, the superior court                                              
13 shall transmit the information, if known, set out in (a) of this section to the Department                              
14 of Public Safety for all orders of the superior court issued on or after October 1, 1981,                               
15 for the involuntary commitment of a person under AS 47.30.735 - 47.30.755, or orders                                    
16 of relief from a disability resulting from an involuntary commitment or if an                                           
17 adjudication of mental illness or mental incompetence is granted under                                                  
18       AS 47.30.851(b).                                                                                                  
19    * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to                         
20 read:                                                                                                                   
21 DIRECT COURT RULE AMENDMENT. Rule 6(r), Alaska Rules of Criminal                                                        
22       Procedure, is amended to read:                                                                                    
23            (r)  Admissibility of Evidence.                                                                            
24 (1)  Evidence which would be legally admissible at trial shall be                                                       
25 admissible before the grand jury. In appropriate cases, however, witnesses may be                                       
26 presented to summarize admissible evidence if the admissible evidence will be                                           
27 available at trial. Except as stated in subparagraphs (2), (3), and (6), hearsay evidence                               
28 shall not be presented to the grand jury absent compelling justification for its                                        
29 introduction. If hearsay evidence is presented to the grand jury, the reasons for its use                               
30       shall be stated on the record.                                                                                    
31 (2)  In a prosecution for an offense under AS 11.41.410 - 11.41.458,                                                    
01       hearsay evidence of a statement related to the offense, not otherwise admissible, made                            
02       by a child who is the victim of the offense may be admitted into evidence before the                              
03       grand jury if                                                                                                     
04                           (i)  the circumstances of the statement indicate its                                          
05                 reliability;                                                                                            
06                           (ii)  the child is under 10 years of age when the hearsay                                     
07                 evidence is sought to be admitted;                                                                      
08                           (iii)  additional evidence is introduced to corroborate the                                   
09                 statement; and                                                                                          
10 (iv)  the child testifies at the grand jury proceeding or                                                               
11                 the child will be available to testify at trial.                                                        
12 (3)  Hearsay evidence related to the offense, not otherwise admissible,                                                 
13       may be admitted into evidence before the grand jury if                                                            
14 (i)  the individual presenting the hearsay evidence is a                                                                
15                 peace officer involved in the investigation; and                                                        
16 (ii)  the hearsay evidence consists of the statement and                                                                
17 observations made by another peace officer in the course of an                                                          
18                 investigation; and                                                                                      
19 (iii)  additional evidence is introduced to corroborate the                                                             
20                 statement.                                                                                              
21 (4)  If the testimony presented by a peace officer under paragraph (3) of                                               
22 this section is inaccurate because of intentional, grossly negligent, or negligent                                      
23 misstatements or omissions, then the court shall dismiss an indictment resulting from                                   
24 the testimony if the defendant shows that the inaccuracy prejudices substantial rights                                  
25       of the defendant.                                                                                                 
26 (5)  In this section "statement" means an oral or written assertion or                                                  
27       nonverbal conduct if the nonverbal conduct is intended as an assertion.                                           
28 (6)  When a prior conviction is an element of an offense [IN A                                                      
29 PROSECUTION FOR DRIVING WHILE INTOXICATED UNDER                                                                         
30 AS 28.35.030(N) OR FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST                                                             
31 UNDER AS 28.35.032(P)], hearsay evidence received through the Alaska Public                                             
01       Safety Information Network or from other government agencies of prior convictions                                 
02       [OF DRIVING WHILE INTOXICATED OR REFUSAL TO SUBMIT TO A                                                           
03       CHEMICAL TEST] may be presented to the grand jury.                                                                
04    * Sec. 51. AS 11.46.980(d), 11.46.982; AS 11.56.330(a)(3); AS 11.71.030(a)(1),                                     
05 11.71.030(a)(4), 11.71.030(a)(5), 11.71.030(a)(6), 11.71.030(a)(7), 11.71.030(a)(8),                                    
06 11.71.030(c), 11.71.030(e), 11.71.040(a)(11), 11.71.050(a)(4); AS 12.25.180(b)(3);                                      
07 AS 12.55.135(l), 12.55.135(m), 12.55.135(n), 12.55.135(o), 12.55.135(p), and                                            
08 12.55.145(a)(5) are repealed.                                                                                           
09    * Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to                         
10 read:                                                                                                                   
11       APPLICABILITY. (a) The following sections apply to offenses committed on or after                                 
12 the effective date of those sections:                                                                                   
13 (1)  AS 11.41.110(a), as amended by sec. 1 of this Act;                                                                 
14 (2)  AS 11.41.150(a), as amended by sec. 2 of this Act;                                                                 
15 (3)  AS 11.46.130(a), as amended by sec. 3 of this Act;                                                                 
16 (4)  AS 11.46.140(a), as amended by sec. 4 of this Act;                                                                 
17 (5)  AS 11.46.150(a), as amended by sec. 5 of this Act;                                                                 
18 (6)  AS 11.46.220(c), as amended by sec. 6 of this Act;                                                                 
19 (7)  AS 11.46.260(b), as amended by sec. 7 of this Act;                                                                 
20 (8)  AS 11.46.270(b), as amended by sec. 8 of this Act;                                                                 
21 (9)  AS 11.46.280(d), as amended by sec. 9 of this Act;                                                                 
22            (10)  AS 11.46.285(b), as amended by sec. 10 of this Act;                                                    
23            (11)  AS 11.46.295, as amended by sec. 11 of this Act;                                                       
24 (12)  AS 11.46.360(a), as amended by sec. 12 of this Act;                                                               
25 (13)  AS 11.46.482(a), as amended by sec. 13 of this Act;                                                               
26 (14)  AS 11.46.484(a), as amended by sec. 14 of this Act;                                                               
27 (15)  AS 11.46.486(a), as amended by sec. 15 of this Act;                                                               
28 (16)  AS 11.46.530(b), as amended by sec. 16 of this Act;                                                               
29 (17)  AS 11.46.620(d), as amended by sec. 17 of this Act;                                                               
30 (18)  AS 11.46.730(c), as amended by sec. 18 of this Act;                                                               
31 (19)  AS 11.56.310(a), as amended by sec. 19 of this Act;                                                               
01 (20)  AS 11.56.320(a), as amended by sec. 20 of this Act;                                                               
02 (21)  AS 11.56.730(a), as amended by sec. 21 of this Act;                                                               
03 (22)  AS 11.56.730(d), as amended by sec. 22 of this Act;                                                               
04 (23)  AS 11.56.757(b), as amended by sec. 23 of this Act;                                                               
05 (24)  AS 11.56.760(a), as amended by sec. 24 of this Act;                                                               
06            (25)  AS 11.56.760(d), enacted by sec. 26 of this Act;                                                       
07            (26)  AS 11.56.810(a), as repealed and reenacted by sec. 27 of this Act;                                     
08            (27)  AS 11.61.110(c), as amended by sec. 28 of this Act;                                                    
09            (28)  AS 11.71.021, enacted by sec. 29 of this Act;                                                          
10 (29)  AS 11.71.030(a), as amended by sec. 30 of this Act;                                                               
11 (30)  AS 11.71.030(d), as amended by sec. 31 of this Act;                                                               
12 (31)  AS 11.71.040(a), as amended by sec. 32 of this Act;                                                               
13 (32)  AS 11.71.040(d), as amended by sec. 33 of this Act;                                                               
14            (33)  AS 11.71.050, as amended by sec. 34 of this Act;                                                       
15            (34)  AS 11.71.060, as amended by sec. 35 of this Act;                                                       
16            (35)  AS 11.71.311(a), as amended by sec. 36 of this Act.                                                    
17       (b)  The following sections apply to sentences imposed on or after the effective date of                          
18 those sections for conduct occurring on or after the effective date of those sections:                                  
19            (1)  AS 12.55.125(c), as amended by sec. 38 of this Act;                                                     
20            (2)  AS 12.55.125(d), as amended by sec. 39 of this Act;                                                     
21            (3)  AS 12.55.125(e), as amended by sec. 40 of this Act;                                                     
22            (4)  AS 12.55.125(q), as amended by sec. 41 of this Act;                                                     
23            (5)  AS 12.55.135(a), as amended by sec. 42 of this Act;                                                     
24            (6)  AS 12.55.135(b), as amended by sec. 43 of this Act;                                                     
25            (7)  AS 12.55.135(q), enacted by sec. 44 of this Act;                                                        
26            (8)  AS 28.35.030(k), as amended by sec. 45 of this Act;                                                     
27            (9)  AS 28.35.032(o), as amended by sec. 46 of this Act.                                                     
28       (c)  AS 12.55.090(c), as amended by sec. 37 of this Act, applies to probation ordered                             
29 on or after the effective date of sec. 37 of this Act for conduct occurring on or after the                             
30 effective date of sec. 37 of this Act.                                                                                  
31    * Sec. 53.  The uncodified law of the State of Alaska is amended by adding a new section to                        
01 read:                                                                                                                   
02       RETROACTIVITY. AS 47.30.097(c), added by sec. 49 of this Act, is retroactive to                                   
03 October 1, 1981.                                                                                                        
04    * Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to                         
05 read:                                                                                                                   
06       CONDITIONAL EFFECT. Section 50 of this Act takes effect only if sec. 50 of this                                   
07 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                                   
08 Constitution of the State of Alaska.                                                                                    
09    * Sec. 55.  Sections 49 and 53 of this Act take effect immediately under AS 01.10.070(c).                          
10    * Sec. 56.  Except as provided in sec. 55 of this Act, this Act takes effect July 1, 2019.