00 SENATE BILL NO. 3 01 "An Act relating to the crimes of murder, solicitation to commit murder in the 02 first degree, manslaughter, and criminally negligent homicide; relating to homicides 03 of children; and relating to the crime of interference with custody of a child or 04 incompetent person." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.31.110(c) is repealed and reenacted to read: 07 (c) Solicitation is 08 (1) an unclassified felony if the crime solicited is murder in the first 09 degree; 10 (2) a class A felony if the crime solicited is an unclassified felony other 11 than murder in the first degree; 12 (3) a class B felony if the crime solicited is a class A felony; 13 (4) a class C felony if the crime solicited is a class B felony; 14 (5) a class A misdemeanor if the crime solicited is a class C felony; 01 (6) a class B misdemeanor if the crime solicited is a class A or class 02 B misdemeanor. 03 * Sec. 2. AS 11.41.100(a) is amended to read: 04 (a) A person commits the crime of murder in the first degree if 05 (1) with intent to cause the death of another person, the person 06 (A) causes the death of any person; or 07 (B) compels or induces any person to commit suicide through 08 duress or deception; [OR] 09 (2) the person knowingly engages in conduct directed toward [, 10 UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE 11 VALUE OF HUMAN LIFE, IN A PATTERN OR PRACTICE OF ASSAULT OR 12 TORTURE OF] a child under the age of 16 and the person with criminal negligence 13 [, AND ONE OF THE ACTS OF ASSAULT OR TORTURE RESULTS IN THE 14 DEATH OF THE CHILD; FOR PURPOSES OF THIS PARAGRAPH, A PERSON 15 "ENGAGES IN A PATTERN OR PRACTICE OF ASSAULT OR TORTURE" IF 16 THE PERSON] inflicts serious physical injury on the [A] child by at least two 17 separate acts, and one of the acts results in the death of the child ; or 18 (3) acting alone or with one or more persons, the person commits 19 or attempts to commit a sexual offense or kidnapping against a child under 16 20 years of age and, in the course of or in furtherance of the offense or in immediate 21 flight from that offense, any person causes the death of the child; in this 22 paragraph, "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470 . 23 * Sec. 3. AS 11.41.110(a) is amended to read: 24 (a) A person commits the crime of murder in the second degree if 25 (1) with intent to cause serious physical injury to another person or 26 knowing that the conduct is substantially certain to cause death or serious physical 27 injury to another person, the person causes the death of any person; 28 (2) the person knowingly engages in conduct that results in the death 29 of another person under circumstances manifesting an extreme indifference to the value 30 of human life; 31 (3) under circumstances not amounting to murder in the first 01 degree under AS 11.41.100(a)(3), while acting either alone or with one or more 02 persons, the person commits or attempts to commit arson in the first degree, 03 kidnapping, sexual assault in the first degree, sexual assault in the second degree, 04 sexual abuse of a minor in the first degree, sexual abuse of a minor in the second 05 degree, burglary in the first degree, escape in the first or second degree, robbery in 06 any degree, or misconduct involving a controlled substance under AS 11.71.010(a), 07 11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1) or (2) and, in the course of or 08 in furtherance of that crime [,] or in immediate flight from that crime, any person 09 causes the death of a person other than one of the participants; [OR] 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 16 involving a child under the age of 16 that was 17 (A) in violation of AS 11.41; 18 (B) in violation of a law or ordinance in another jurisdiction 19 with elements similar to a crime 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. 4. AS 11.41.130(b) is amended to read: 23 (b) Criminally negligent homicide is a class B [C] felony. 24 * Sec. 5. AS 11.41.320(a) is amended to read: 25 (a) A person commits the crime of custodial interference in the first degree if 26 the person violates AS 11.41.330 and causes the child or incompetent person 27 [VICTIM] to be 28 (1) removed from the state ; or 29 (2) kept outside the state . 30 * Sec. 6. AS 12.55.125(b) is amended to read: 31 (b) A defendant convicted of murder in the second degree, attempted murder 01 in the first degree, solicitation to commit murder in the first degree, conspiracy to 02 commit murder in the first degree, kidnapping, or misconduct involving a controlled 03 substance in the first degree shall be sentenced to a definite term of imprisonment of 04 at least five years but not more than 99 years. A defendant convicted of murder in 05 the second degree shall be sentenced to a definite term of imprisonment of at least 06 20 years but not more than 99 years when the defendant is convicted of the 07 murder of a child under 16 years of age and the court finds by clear and 08 convincing evidence that the defendant (1) was a natural parent, a stepparent, an 09 adopted parent, a legal guardian, or a person occupying a position of authority 10 in relation to the child; or (2) caused the death of the child by committing a crime 11 against a person under AS 11.41.200 - 11.41.530. In this subsection, "legal 12 guardian" and "position of authority" have the meanings given in AS 11.41.470. 13 * Sec. 7. AS 12.55.125(c) is amended to read: 14 (c) A defendant convicted of a class A felony may be sentenced to a definite 15 term of imprisonment of not more than 20 years, and shall be sentenced to the 16 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 17 12.55.175: 18 (1) if the offense is a first felony conviction and does not involve 19 circumstances described in (2) of this subsection, five years; 20 (2) if the offense is a first felony conviction 21 (A) [,] other than for manslaughter [,] and the defendant 22 possessed a firearm, used a dangerous instrument, or caused serious physical 23 injury during the commission of the offense, or knowingly directed the conduct 24 constituting the offense at a uniformed or otherwise clearly identified peace 25 officer, fire fighter, correctional employee, emergency medical technician, 26 paramedic, ambulance attendant, or other emergency responder who was 27 engaged in the performance of official duties at the time of the offense, seven 28 years; 29 (B) for manslaughter and the conduct resulting in the 30 conviction was knowingly directed towards a child under the age of 16, 31 seven years; 01 (3) if the offense is a second felony conviction, 10 years; 02 (4) if the offense is a third felony conviction and the defendant is not 03 subject to sentencing under (l) of this section, 15 years. 04 * Sec. 8. AS 12.55.125(k) is amended to read: 05 (k) A first felony offender convicted of an offense for which a presumptive 06 term of imprisonment is not specified under this section 07 (1) may be sentenced to a term of unsuspended imprisonment that 08 exceeds the presumptive term for a second or third felony offender convicted of 09 the same crime if the offender is convicted of criminally negligent homicide and 10 the victim is a child under the age of 16; 11 (2) except as provided in (1) of this subsection, may not be sentenced 12 to a term of unsuspended imprisonment that exceeds the presumptive term for a second 13 felony offender convicted of the same crime unless the court finds by clear and 14 convincing evidence that an aggravating factor under AS 12.55.155(c) is present, or 15 that circumstances exist that would warrant a referral to the three-judge panel under 16 AS 12.55.165. 17 * Sec. 9. This Act applies to offenses committed on or after the effective date of this Act. 18 However, previous convictions refer to convictions occurring before, on, or after the effective 19 date of this Act.