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 AS 12.55.027(d) is repealed and reenacted to read: 27 (d) A court may not grant credit against a sentence of imprisonment for time 28 spent in a private residence or under electronic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).