00 CS FOR HOUSE BILL NO. 77(FIN) 01 "An Act making the theft of mail or an article within mail theft in the second degree." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03  * Section 1. AS 11.46.130(a) is amended to read: 04 (a) A person commits the crime of theft in the second degree if the person 05 commits theft as defined in AS 11.46.100 and 06 (1) the value of the property or services is $750 or more but less than 07 $25,000; 08 (2) the property is a firearm or explosive; 09 (3) the property is taken from the person of another; 10 (4) the property is taken from a vessel and is vessel safety or survival 11 equipment; 12 (5) the property is taken from an aircraft and the property is aircraft 13 safety or survival equipment; 14 (6) the value of the property is $250 or more but less than $750 and, 15 within the preceding five years, the person has been convicted and sentenced on two 01 or more separate occasions in this or another jurisdiction of 02 (A) an offense under AS 11.46.120, or an offense under 03 another law or ordinance with similar elements; 04 (B) a crime set out in this subsection or an offense under 05 another law or ordinance with similar elements; 06 (C) an offense under AS 11.46.140(a)(1), or an offense under 07 another law or ordinance with similar elements; or 08 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 09 offense under another law or ordinance with similar elements; [OR] 10 (7) the property is an access device or identification document; or  11 (8) the property is mail or an article within mail.  12  * Sec. 2. AS 11.46.130(b) is amended by adding new paragraphs to read: 13 (5) "authorized depository" means a mailbox, letter box, post office 14 box, or rural box used by postal customers for the deposit of outgoing mail or used by 15 the United States Postal Service or a private mail delivery company for the delivery of 16 incoming mail; 17 (6) "juvenile detention facility" and "juvenile treatment facility" have 18 the meanings given in AS 47.12.990; 19 (7) "mail" means a letter, a card, a parcel, or material that 20 (A) is sent or delivered by means of the United States Postal 21 Service or a private mail delivery company; 22 (B) has postage affixed to it by the postal customer, the United 23 States Postal Service, or a private mail delivery company or has been accepted 24 for delivery by the United States Postal Service or a private mail delivery 25 company; and 26 (C) is placed in an authorized depository or mail receptacle or 27 given to an employee of the United States Postal Service or a private mail 28 delivery company for delivery; 29 (8) "mail receptacle" means a location used by the United States Postal 30 Service, a private mail delivery company, or a postal customer for the placement of 31 outgoing mail or the receipt of incoming mail; 01 (9) "postage" means a United States Postal Service stamp, permit 02 imprint, meter strip, or other authorized indication of prepayment for services 03 provided or authorized by the United States Postal Service or a private mail delivery 04 company for the collection and delivery of mail. 05  * Sec. 3. AS 11.46.130 is amended by adding a new subsection to read: 06 (d) The provisions of (a)(8) of this section do not apply to an act carried out in 07 accordance with the official duties of an employee charged with the operation of a 08 juvenile treatment facility, juvenile detention facility, or correctional facility. 09  * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. AS 11.46.130, as amended by secs. 1 - 3 of this Act, applies to 12 offenses committed on or after the effective date of this Act.