00 CS FOR HOUSE BILL NO. 307(FIN) 01 "An Act relating to penalizing certain misdemeanor domestic violence assaults as 02 felonies." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 INTENT. It is the intent of the legislature that, before accepting a plea, a court shall 07 make a factual finding that the defendant in a domestic violence case subject to an enhanced 08 penalty under AS 11.41.220(a)(5), added by sec. 2 of this Act, was the perpetrator of the 09 crime and not an innocent victim of domestic violence. 10  * Sec. 2. AS 11.41.220(a) is amended to read: 11 (a) A person commits the crime of assault in the third degree if that person 12 (1) recklessly 13 (A) places another person in fear of imminent serious physical 14 injury by means of a dangerous instrument; 01 (B) causes physical injury to another person by means of a 02 dangerous instrument; or 03 (C) while being 18 years of age or older 04 (i) causes physical injury to a child under 10 years of 05 age and the injury would cause a reasonable caregiver to seek medical 06 attention from a health care professional in the form of diagnosis or 07 treatment; 08 (ii) causes physical injury to a child under 10 years of 09 age on more than one occasion; 10 (2) with intent to place another person in fear of death or serious 11 physical injury to the person or the person's family member makes repeated threats to 12 cause death or serious physical injury to another person; 13 (3) while being 18 years of age or older, knowingly causes physical 14 injury to a child under 16 years of age but at least 10 years of age and the injury 15 reasonably requires medical treatment; [OR] 16 (4) with criminal negligence causes serious physical injury under 17 AS 11.81.900(b)(56)(B) to another person by means of a dangerous instrument; or  18 (5) commits a crime involving domestic violence that is a violation  19 of AS 11.41.230(a)(1) or (2) and, within the preceding 10 years, the person was  20 convicted on two or more separate occasions of crimes involving domestic  21 violence under  22 (A) AS 11.41.100 - 11.41.170;  23 (B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2),  24 11.41.280, or 11.41.282;  25 (C) AS 11.41.260 or 11.41.270;  26 (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or  27 (E) a law or ordinance of this or another jurisdiction with  28 elements similar to those of an offense described in (A) - (D) of this  29 paragraph. 30  * Sec. 3. AS 11.41.220 is amended by adding new subsections to read: 31 (e) In (a)(5) of this section, when considering whether a conviction has 01 occurred in the preceding 10 years, the date that sentence is imposed is the date that a 02 previous conviction has occurred. 03 (f) In (a)(5) of this section, when determining whether a person has committed 04 a crime involving domestic violence or has been previously convicted of crimes 05 involving domestic violence, "household member" means 06 (1) adults or minors who are current or former spouses; 07 (2) adults or minors who live together; 08 (3) adults or minors who are dating or who have dated; 09 (4) adults or minors who are engaged in or who have engaged in a 10 sexual relationship; 11 (5) adults or minors who are related or formerly related by marriage; 12 (6) persons who have a child of the relationship; and 13 (7) parents or children of a person in a relationship that is described in 14 (1) - (6) of this subsection. 15  * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. AS 11.41.220(a)(5), added by sec. 2 of this Act, applies to 18 offenses committed on or after the effective date of this Act. References to previous 19 convictions apply to convictions for offenses committed on or after the effective date of this 20 Act.