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.