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CSSSSB 12(JUD): "An Act relating to crime and criminal procedure; relating to assault; relating to credit toward a sentence of imprisonment for time spent in a treatment program or under electronic monitoring; and providing for an effective date."

00           CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 12(JUD)                                                         
01 "An Act relating to crime and criminal procedure; relating to assault; relating to credit                               
02 toward a sentence of imprisonment for time spent in a treatment program or under                                        
03 electronic monitoring; and providing for an effective date."                                                            
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 11.41.200(a) is amended to read:                                                                   
06            (a)  A person commits the crime of assault in the first degree if                                            
07                 (1)  that person recklessly causes serious physical injury to another by                                
08       means of a dangerous instrument;                                                                                  
09                 (2)  with intent to cause serious physical injury to another, the person                                
10       causes serious physical injury to any person;                                                                     
11                 (3)  the person knowingly engages in conduct that results in serious                                    
12       physical injury to another under circumstances manifesting extreme indifference to the                            
13       value of human life; [OR]                                                                                         
14                 (4)  that person recklessly causes serious physical injury to another by                                
01       repeated assaults using a dangerous instrument, even if each assault individually does                            
02       not cause serious physical injury; or                                                                         
03                 (5)  that person knowingly causes another to become unconscious                                     
04       by means of a dangerous instrument; in this paragraph, "dangerous instrument"                                 
05       has the meaning given in AS 11.81.900(b)(15)(B).                                                              
06    * Sec. 2. AS 11.81.900(b)(60) is amended to read:                                                                  
07                 (60)  "sexual contact" means                                                                            
08                      (A)  the defendant's                                                                               
09                           (i)  knowingly touching, directly or through clothing, the                                    
10                 victim's genitals, anus, or female breast; [OR]                                                         
11 (ii)  knowingly causing the victim to touch, directly or                                                                
12 through clothing, the defendant's or victim's genitals, anus, or female                                                 
13                 breast; or                                                                                          
14 (iii)  knowingly causing the victim to come into                                                                    
15                 contact with semen;                                                                                 
16                      (B)  but "sexual contact" does not include acts                                                    
17 (i)  that may reasonably be construed to be normal                                                                      
18 caretaker responsibilities for a child, interactions with a child, or                                                   
19                 affection for a child;                                                                                  
20 (ii)  performed for the purpose of administering a                                                                      
21 recognized and lawful form of treatment that is reasonably adapted to                                                   
22                 promoting the physical or mental health of the person being treated; or                                 
23 (iii)  that are a necessary part of a search of a person                                                                
24 committed to the custody of the Department of Corrections or the                                                        
25                 Department of Health and Social Services;                                                               
26    * Sec. 3. AS 12.55.027(d) is repealed and reenacted to read:                                                       
27 (d)  A court may not grant credit against a sentence of imprisonment for time                                           
28       spent in a private residence or under electronic monitoring.                                                      
29    * Sec. 4. AS 12.55.027(e) is amended to read:                                                                      
30 (e)  If a defendant intends to claim credit toward a sentence of imprisonment                                           
31 for time spent in a treatment program [OR UNDER ELECTRONIC MONITORING]                                                  
01 either as a condition of probation or as a condition of bail release after a petition to                                
02 revoke probation has been filed, the defendant shall file notice with the court and the                                 
03 prosecutor 10 days before the disposition hearing. The notice shall include the amount                                  
04 of time the defendant is claiming. The defendant must prove by a preponderance of the                                   
05 evidence that the credit claimed meets the requirements of this section. A court may                                    
06 not consider, except for good cause, a request for credit made under this subsection                                    
07       more than 90 days after the disposition hearing.                                                                  
08    * Sec. 5. AS 12.55.125(c) is amended to read:                                                                      
09 (c)  Except as provided in (i) of this section, a defendant convicted of a class A                                      
10 felony may be sentenced to a definite term of imprisonment of not more than 20 years,                                   
11 and shall be sentenced to a definite term within the following presumptive ranges,                                      
12       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
13 (1)  if the offense is a first felony conviction and does not involve                                                   
14       circumstances described in (2) or (5) of this subsection, three to six years;                                 
15                 (2)  if the offense is a first felony conviction and the defendant                                      
16 (A)  possessed a firearm, used a dangerous instrument, or                                                               
17 caused serious physical injury or death during the commission of the offense,                                           
18            five to nine years; or                                                                                       
19 (B)  knowingly directed the conduct constituting the offense at a                                                       
20 uniformed or otherwise clearly identified peace officer, firefighter, correctional                                      
21 employee, emergency medical technician, paramedic, ambulance attendant, or                                              
22 other emergency responder who was engaged in the performance of official                                                
23            duties at the time of the offense, seven to 11 years;                                                        
24 (3)  if the offense is a second felony conviction and does not involve                                              
25       circumstances described in (5) of this subsection, eight to 12 years;                                         
26 (4)  if the offense is a third felony conviction, does not involve                                                  
27 circumstances described in (5) of this subsection, and the defendant is not subject to                              
28       sentencing under (l) of this section, 13 to 20 years;                                                         
29 (5)  if the defendant violated AS 11.41.200 and the defendant used a                                                
30       dangerous instrument as defined in AS 11.81.900(b)(15)(B) and                                                 
31 (A)  the offense is a first felony conviction, five to seven                                                        
01            years;                                                                                                   
02                      (B)  the offense is a second felony conviction, nine to 13                                     
03            years;                                                                                                   
04                      (C)  the offense is a third felony conviction, 14 to 20 years.                                 
05    * Sec. 6. AS 12.55.125(d) is amended to read:                                                                      
06 (d)  Except as provided in (i) of this section, a defendant convicted of a class B                                      
07 felony may be sentenced to a definite term of imprisonment of not more than 10 years,                                   
08 and shall be sentenced to a definite term within the following presumptive ranges,                                      
09       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
10 (1)  if the offense is a first felony conviction and does not involve                                                   
11 circumstances described in (2) or (5) of this subsection, zero to two years; a defendant                            
12 sentenced under this paragraph may, if the court finds it appropriate, be granted a                                     
13       suspended imposition of sentence under AS 12.55.085;                                                              
14 (2)  if the offense is a first felony conviction, the defendant violated                                                
15       AS 11.41.130, and the victim was                                                                                  
16                      (A)  a child under 16 years of age, two to four years; or                                          
17                      (B)  was 16 years of age or older, one to three years;                                             
18 (3)  if the offense is a second felony conviction and does not involve                                              
19       circumstances described in (5) of this subsection, two to five years;                                         
20 (4)  if the offense is a third felony conviction and does not involve                                               
21       circumstances described in (5) of this subsection, four to 10 years;                                      
22 (5)  if the defendant violated AS 11.41.210 and the defendant used a                                                
23       dangerous instrument as defined in AS 11.81.900(b)(15)(B) and                                                 
24 (A)  the offense is a first felony conviction, one to three                                                         
25            years;                                                                                                   
26 (B)  the offense is a second felony conviction, four to six                                                         
27            years;                                                                                                   
28 (C)  the offense is a third felony conviction, seven to 10                                                          
29            years.                                                                                                   
30    * Sec. 7. AS 12.55.125(e) is amended to read:                                                                      
31 (e)  Except as provided in (i) of this section, a defendant convicted of a class C                                      
01 felony may be sentenced to a definite term of imprisonment of not more than five                                        
02 years, and shall be sentenced to a definite term within the following presumptive                                       
03       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
04 (1)  if the offense is a first felony conviction and does not involve                                                   
05 circumstances described in (4) or (5) of this subsection, zero to two years; a defendant                            
06 sentenced under this paragraph may, if the court finds it appropriate, be granted a                                     
07 suspended imposition of sentence under AS 12.55.085, and the court may, as a                                            
08 condition of probation under AS 12.55.086, require the defendant to serve an active                                     
09       term of imprisonment within the range specified in this paragraph;                                                
10 (2)  if the offense is a second felony conviction and does not involve                                              
11       circumstances described in (5) of this section, one to four years;                                            
12 (3)  if the offense is a third felony conviction and does not involve                                               
13       circumstances described in (5) of this section, two to five years;                                            
14 (4)  if the offense is a first felony conviction, and the defendant violated                                            
15       AS 08.54.720(a)(15), one to two years;                                                                        
16 (5)  if the defendant violated AS 11.41.220 and the defendant used a                                                
17       dangerous instrument as defined in AS 11.81.900(b)(15)(B) and                                                 
18 (A)  the offense is a first felony conviction, one to three                                                         
19            years;                                                                                                   
20 (B)  the offense is a second felony conviction, two to five                                                         
21            years;                                                                                                   
22 (C)  the offense is a third felony conviction, three to five                                                        
23            years.                                                                                                   
24    * Sec. 8. AS 12.55.125(i) is amended to read:                                                                      
25            (i)  A defendant convicted of                                                                                
26 (1)  sexual assault in the first degree, sexual abuse of a minor in the                                                 
27 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be                                    
28 sentenced to a definite term of imprisonment of not more than 99 years and shall be                                     
29 sentenced to a definite term within the following presumptive ranges, subject to                                        
30       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
31 (A)  if the offense is a first felony conviction, the offense does                                                      
01            not involve circumstances described in (B) of this paragraph, and the victim                                 
02            was                                                                                                          
03                           (i)  less than 13 years of age, 25 to 35 years;                                               
04                           (ii)  13 years of age or older, 20 to 30 years;                                               
05                      (B)  if the offense is a first felony conviction and the defendant                                 
06            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
07            injury during the commission of the offense, 25 to 35 years;                                                 
08                      (C)  if the offense is a second felony conviction and does not                                     
09            involve circumstances described in (D) of this paragraph, 30 to 40 years;                                    
10 (D)  if the offense is a second felony conviction and the                                                               
11            defendant has a prior conviction for a sexual felony, 35 to 45 years;                                        
12 (E)  if the offense is a third felony conviction and the defendant                                                      
13 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40                                     
14            to 60 years;                                                                                                 
15 (F)  if the offense is a third felony conviction, the defendant is                                                      
16 not subject to sentencing under (l) of this section, and the defendant has two                                          
17            prior convictions for sexual felonies, 99 years;                                                             
18 (2)  unlawful exploitation of a minor under AS 11.41.455(c)(2), online                                                  
19 enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to                                 
20 commit sexual assault in the first degree, sexual abuse of a minor in the first degree, or                              
21 sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a                                      
22 definite term of imprisonment of not more than 99 years and shall be sentenced to a                                     
23 definite term within the following presumptive ranges, subject to adjustment as                                         
24       provided in AS 12.55.155 - 12.55.175:                                                                             
25 (A)  if the offense is a first felony conviction, the offense does                                                      
26 not involve circumstances described in (B) of this paragraph, and the victim                                            
27            was                                                                                                          
28                           (i)  under 13 years of age, 20 to 30 years;                                                   
29                           (ii)  13 years of age or older, 15 to 30 years;                                               
30 (B)  if the offense is a first felony conviction and the defendant                                                      
31 possessed a firearm, used a dangerous instrument, or caused serious physical                                            
01            injury during the commission of the offense, 25 to 35 years;                                                 
02                      (C)  if the offense is a second felony conviction and does not                                     
03            involve circumstances described in (D) of this paragraph, 25 to 35 years;                                    
04                      (D)  if the offense is a second felony conviction and the                                          
05            defendant has a prior conviction for a sexual felony, 30 to 40 years;                                        
06                      (E)  if the offense is a third felony conviction, the offense does                                 
07            not involve circumstances described in (F) of this paragraph, and the defendant                              
08            is not subject to sentencing under (l) of this section, 35 to 50 years;                                      
09                      (F)  if the offense is a third felony conviction, the defendant is                                 
10 not subject to sentencing under (l) of this section, and the defendant has two                                          
11            prior convictions for sexual felonies, 99 years;                                                             
12 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                                
13 second degree, online enticement of a minor under AS 11.41.452(d), unlawful                                             
14 exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography                                  
15 under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not                                     
16 more than 99 years and shall be sentenced to a definite term within the following                                       
17       presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
18 (A)  if the offense is a first felony conviction and does not                                                       
19            involve circumstances described in (F) of this paragraph, five to 15 years;                              
20 (B)  if the offense is a second felony conviction and does not                                                          
21            involve circumstances described in (C) of this paragraph, 10 to 25 years;                                    
22 (C)  if the offense is a second felony conviction and the                                                               
23            defendant has a prior conviction for a sexual felony, 15 to 30 years;                                        
24 (D)  if the offense is a third felony conviction and does not                                                           
25            involve circumstances described in (E) of this paragraph, 20 to 35 years;                                    
26 (E)  if the offense is a third felony conviction and the defendant                                                      
27            has two prior convictions for sexual felonies, 99 years;                                                     
28 (F)  if the offense is a first felony conviction and the                                                            
29 defendant possessed a firearm, used a dangerous instrument, or caused                                               
30 serious physical injury during the commission of the offense, 10 to 25                                              
31            years;                                                                                                   
01 (4)  sexual assault in the third degree, incest, indecent exposure in the                                               
02 first degree, possession of child pornography, distribution of child pornography under                                  
03 AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in                                 
04 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation                                  
05 of a minor, or distribution of child pornography, may be sentenced to a definite term                                   
06 of imprisonment of not more than 99 years and shall be sentenced to a definite term                                     
07 within the following presumptive ranges, subject to adjustment as provided in                                           
08       AS 12.55.155 - 12.55.175:                                                                                         
09 (A)  if the offense is a first felony conviction and does not                                                       
10            involve circumstances described in (F) of this paragraph, two to 12 years;                               
11 (B)  if the offense is a second felony conviction and does not                                                          
12            involve circumstances described in (C) of this paragraph, eight to 15 years;                                 
13 (C)  if the offense is a second felony conviction and the                                                               
14            defendant has a prior conviction for a sexual felony, 12 to 20 years;                                        
15 (D)  if the offense is a third felony conviction and does not                                                           
16            involve circumstances described in (E) of this paragraph, 15 to 25 years;                                    
17 (E)  if the offense is a third felony conviction and the defendant                                                      
18            has two prior convictions for sexual felonies, 99 years;                                                 
19 (F)  if the offense is a first felony conviction and the                                                            
20 defendant possessed a firearm, used a dangerous instrument, or caused                                               
21 serious physical injury during the commission of the offense, seven to 12                                           
22            years.                                                                                                   
23    * Sec. 9. AS 12.61.015 is amended by adding a new subsection to read:                                              
24 (d)  The prosecuting attorney shall make a reasonable effort to confer with the                                         
25 victim of a sexual felony as defined under AS 12.55.185, ask the victim or the victim's                                 
26 legal guardian whether the victim is in agreement with a proposed plea agreement, and                                   
27 record whether the victim is in agreement with the proposed plea agreement before                                       
28 entering into the plea agreement. Nothing in this subsection requires the victim to                                     
29 provide a response regarding the plea agreement or requires the prosecuting attorney                                    
30       to be bound by the victim's response regarding the plea agreement.                                                
31    * Sec. 10. AS 12.55.027(g) is repealed.                                                                            
01    * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to                         
02 read:                                                                                                                   
03 APPLICABILITY. AS 11.41.200(a), as amended by sec. 1 of this Act,                                                       
04 AS 11.81.900(b)(60), as amended by sec. 2 of this Act, AS 12.55.027(d), as repealed and                                 
05 reenacted by sec. 3 of this Act, AS 12.55.027(e), as amended by sec. 4 of this Act,                                     
06 AS 12.55.125(c), as amended by sec. 5 of this Act, AS 12.55.125(d), as amended by sec. 6 of                             
07 this Act, AS 12.55.125(e), as amended by sec. 7 of this Act, AS 12.55.125(i), as amended by                             
08 sec. 8 of this Act, AS 12.61.015(d), enacted by sec. 9 of this Act, and the repeal of                                   
09 AS 12.55.027(g) by sec. 10 of this Act apply to offenses committed on or after the effective                            
10 date of this Act.                                                                                                       
11    * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).