HB 127: "An Act setting presumptive terms of imprisonment for certain defendants convicted of certain crimes who possessed a firearm during the commission of the crime; setting a mandatory term of imprisonment for a defendant convicted of assault in the fourth degree who possessed a firearm during the commission of the offense."
00HOUSE BILL NO. 127 01 "An Act setting presumptive terms of imprisonment for certain defendants 02 convicted of certain crimes who possessed a firearm during the commission of the 03 crime; setting a mandatory term of imprisonment for a defendant convicted of 04 assault in the fourth degree who possessed a firearm during the commission of 05 the offense." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 12.55.125(d) is amended to read: 08 (d) A defendant convicted of a class B felony may be sentenced to a definite 09 term of imprisonment of not more than 10 years, and shall be sentenced to the 10 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 11 12.55.175: 12 (1) if the offense is a second felony conviction, four years; 13 (2) if the offense is a third felony conviction, six years; 14 (3) if the offense is a first felony conviction, and the defendant
01 possessed a firearm during the commission of the offense or knowingly directed the 02 conduct constituting the offense at a uniformed or otherwise clearly identified peace 03 officer, fire fighter, correctional officer, emergency medical technician, paramedic, 04 ambulance attendant, or other emergency responder who was engaged in the 05 performance of official duties at the time of the offense, two years. 06 * Sec. 2. AS 12.55.125(e) is amended to read: 07 (e) A defendant convicted of a class C felony may be sentenced to a definite 08 term of imprisonment of not more than five years, and shall be sentenced to the 09 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 10 12.55.175: 11 (1) if the offense is a second felony conviction, two years; 12 (2) if the offense is a third felony conviction, three years; 13 (3) if the offense is a first felony conviction, and the defendant 14 possessed a firearm during the commission of the offense or knowingly directed the 15 conduct constituting the offense at a uniformed or otherwise clearly identified peace 16 officer, fire fighter, correctional officer, emergency medical technician, paramedic, 17 ambulance attendant, or other emergency responder who was engaged in the 18 performance of official duties at the time of the offense, one year; 19 (4) if the offense is a first felony conviction, and the defendant violated 20 AS 08.54.520(a)(7) - (10), one year. 21 * Sec. 3. AS 12.55.135(d) is amended to read: 22 (d) A defendant convicted of assault in the fourth degree (1) upon a uniformed 23 or otherwise clearly identified peace officer, fire fighter, correctional officer, 24 emergency medical technician, paramedic, ambulance attendant, or other emergency 25 responder who was engaged in the performance of official duties at the time of the 26 assault or (2) who possessed a firearm during the commission of the offense, shall 27 be sentenced to a minimum term of imprisonment of 30 days.