00 SENATE CS FOR CS FOR HOUSE BILL NO. 88(JUD) 01 "An Act relating to certain weapons offenses involving minors; relating to the definition 02 of 'recreation or youth center' for purposes of misconduct involving a controlled 03 substance; to aggravating factors in sentencing for certain offenses committed on school 04 grounds, on a school bus, at a school-sponsored event, or in administrative offices of a 05 school district; to mitigating factors in sentencing for a defendant's assistance to 06 authorities to detect, apprehend, or prosecute other persons who committed an offense; 07 and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09  * Section 1. AS 11.71.900(20) is amended to read: 10 (20) "recreation or youth center" means a building, structure, athletic 11 playing field, or playground 12 (A) run or created by a municipality or the state to provide 13 athletic, recreational, or leisure activities for minors; or  01 (B) operated by a public or private organization licensed to  02 provide shelter, training, or guidance for minors. 03  * Sec. 2. AS 12.55.155(c) is amended by adding a new paragraph to read: 04 (31) the offense is a violation of AS 11.41 or AS 11.46.400 and the 05 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 06 in the administrative offices of a school district if students are educated at that office; 07 in this paragraph, 08 (A) "school bus" has the meaning given in AS 11.71.900; 09 (B) "school district" has the meaning given in AS 47.07.063; 10 (C) "school grounds" has the meaning given in AS 11.71.900. 11  * Sec. 3. AS 12.55.155(d)(12) is amended to read: 12 (12) after commission of the offense for which the defendant is  13 being sentenced, the defendant assisted authorities to detect, apprehend, or prosecute 14 other persons who committed an offense; 15  * Sec. 4. AS 47.12.030(a) is amended to read: 16 (a) When a minor who was at least 16 years of age at the time of the offense is 17 charged by complaint, information, or indictment with an offense specified in this 18 subsection, this chapter and the Alaska Delinquency Rules do not apply to the offense 19 for which the minor is charged or to any additional offenses joinable to it under the 20 applicable rules of court governing criminal procedure. The minor shall be charged, 21 held, released on bail, prosecuted, sentenced, and incarcerated in the same manner as 22 an adult. If the minor is convicted of an offense other than an offense specified in this 23 subsection, the minor may attempt to prove, by a preponderance of the evidence, that 24 the minor is amenable to treatment under this chapter. If the court finds that the minor 25 is amenable to treatment under this chapter, the minor shall be treated as though the 26 charges had been heard under this chapter, and the court shall order disposition of the 27 charges of which the minor is convicted under AS 47.12.120(b). The provisions of 28 this subsection apply when the minor is charged by complaint, information, or 29 indictment with an offense 30 (1) that is an unclassified felony or a class A felony and the felony is a 31 crime against a person; 01 (2) of arson in the first degree; [OR] 02 (3) that is a class B felony and the felony is a crime against a person in 03 which the minor is alleged to have used a deadly weapon in the commission of the 04 offense and the minor was previously adjudicated as a delinquent or convicted as an 05 adult, in this or another jurisdiction, as a result of an offense that involved use of a 06 deadly weapon in the commission of a crime against a person or an offense in another 07 jurisdiction having elements substantially identical to those of a crime against a 08 person, and the previous offense was punishable as a felony; in this paragraph, "deadly 09 weapon" has the meaning given in AS 11.81.900(b); or  10 (4) that is misconduct involving weapons in the first degree under  11 (A) AS 11.61.190(a)(1); or  12 (B) AS 11.61.190(a)(2) when the firearm was discharged  13 under circumstances manifesting substantial and unjustifiable risk of  14 physical injury to a person.  15  * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. Sections 1 - 4 of this Act apply to acts committed on or after the 18 effective date of this Act. 19  * Sec. 6. This Act takes effect July 1, 2005.