00                       CS FOR HOUSE BILL NO. 138(JUD)                                                                    
01 "An Act relating to penalties for cruelty to animals; and relating to aggravating factors                               
02 at sentencing involving assaultive behavior and cruelty to animals."                                                    
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.61.140(f) is amended to read:                                                                   
05            (f)  Except as provided in (g) of this section, cruelty to animals under (a)(2) or                       
06       (5) of this section is a class A misdemeanor. The court may also                                              
07                 (1)  require forfeiture of any animal affected to the state or to a                                     
08       custodian that supplies shelter, care, or medical treatment for the animal;                                       
09                 (2)  require the defendant to reimburse the state or a custodian for all                                
10       reasonable costs incurred in providing necessary shelter, care, veterinary attention, or                          
11       medical treatment for any animal affected;                                                                        
12                 (3)  prohibit or limit the defendant's ownership, possession, or custody                                
13       of animals for up to 10 years.                                                                                    
14    * Sec. 2. AS 11.61.140(g) is amended to read:                                                                      
01            (g)  Cruelty to animals under (a)(1), (3), or (4) of this section is a class C                           
02       felony. Cruelty to animals is also a class C felony if the person is convicted under                          
03       (a)(2) or (5) of this section and [IF] the person has been previously convicted on one                    
04       [TWO] or more separate occasions within 10 years of the date of the present offense                               
05       of a crime under this section, AS 11.61.145(a)(1) or (2), or a law or ordinance of                                
06       another jurisdiction having elements similar to those offenses. For a conviction                              
07       under this subsection, the [THE] court may also                                                               
08                 (1)  require forfeiture of any animal affected to the state or to a                                     
09       custodian that supplies shelter, care, or medical treatment for the animal;                                       
10                 (2)  require the defendant to reimburse the state or a custodian for all                                
11       reasonable costs incurred in providing necessary shelter, care, veterinary attention, or                          
12       medical treatment for any animal affected;                                                                        
13                 (3)  prohibit or limit the defendant's ownership, possession, or custody                                
14       of animals for up to 10 years.                                                                                    
15    * Sec. 3. AS 12.55.155(c)(8) is amended to read:                                                                   
16                 (8)  the defendant's prior criminal history includes conduct involving                                  
17       aggravated assaultive behavior, [OR] repeated instances of assaultive behavior,                           
18       repeated instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and                              
19       (3) - (5), or a combination of assaultive behavior and cruelty to animals                                     
20       proscribed under AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated                             
21       assaultive behavior" means assault that is a felony under AS 11.41, or a similar                                  
22       provision in another jurisdiction;                                                                              
23    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
24 read:                                                                                                                   
25       APPLICABILITY. The changes to penalties under AS 11.61.140(f) and (g), made by                                    
26 secs. 1 and 2 of this Act, and to aggravating factors at sentencing under AS 12.55.155(c)(8),                           
27 made by sec. 3 of this Act, apply to offenses occurring on or after the effective date of this                          
28 Act.