CSHB 337(JUD): "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs."
00CS FOR HOUSE BILL NO. 337(JUD) 01 "An Act relating to the possession of controlled substances within 500 feet of 02 recreation and youth centers; and permitting municipalities to install `drug-free 03 recreation and youth center zone' signs." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.71.030(a) is amended to read: 06 (a) Except as authorized in AS 17.30, a person commits the crime of 07 misconduct involving a controlled substance in the third degree if the person 08 (1) manufactures or delivers any amount of a schedule IIA or IIIA 09 controlled substance or possesses any amount of a schedule IIA or IIIA controlled 10 substance with intent to manufacture or deliver; 11 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 12 substance to a person under 19 years of age who is at least three years younger than 13 the person delivering the substance; or 14 (3) possesses any amount of a schedule IA or IIA controlled substance
01 (A) with reckless disregard that the possession occurs 02 (i) on or within 500 feet of school grounds; or 03 (ii) at or within 500 feet of a recreation or youth 04 center; or 05 (B) on a school bus. 06 * Sec. 2. AS 11.71.030(b) is amended to read: 07 (b) It is an affirmative defense to a prosecution under (a)(3)(A) of this section 08 that the prohibited conduct took place entirely within a private residence located within 09 500 feet of the school grounds or recreation or youth center, and that the prohibited 10 conduct did not involve distributing, dispensing, or possessing with the intent to 11 distribute or dispense a controlled substance for profit. Nothing in this subsection 12 precludes a prosecution under any other provision of this section or any other section 13 of this chapter. 14 * Sec. 3. AS 11.71.040(a) is amended to read: 15 (a) Except as authorized in AS 17.30, a person commits the crime of 16 misconduct involving a controlled substance in the fourth degree if the person 17 (1) manufactures or delivers any amount of a schedule IVA or VA 18 controlled substance or possesses any amount of a schedule IVA or VA controlled 19 substance with intent to manufacture or deliver; 20 (2) manufactures or delivers, or possesses with the intent to 21 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 22 of an aggregate weight of one ounce or more containing a schedule VIA controlled 23 substance; 24 (3) possesses 25 (A) any amount of a schedule IA or IIA controlled substance; 26 (B) 25 or more tablets, ampules, or syrettes containing a 27 schedule IIIA or IVA controlled substance; 28 (C) one or more preparations, compounds, mixtures, or 29 substances of an aggregate weight of three grams or more containing a 30 schedule IIIA or IVA controlled substance; 31 (D) 50 or more tablets, ampules, or syrettes containing a
01 schedule VA controlled substance; 02 (E) one or more preparations, compounds, mixtures, or 03 substances of an aggregate weight of six grams or more containing a schedule 04 VA controlled substance; or 05 (F) one or more preparations, compounds, mixtures, or 06 substances of an aggregate weight of one pound or more containing a schedule 07 VIA controlled substance; 08 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 09 (A) with reckless disregard that the possession occurs 10 (i) on or within 500 feet of school grounds; or 11 (ii) at or within 500 feet of a recreation or youth 12 center; or 13 (B) on a school bus; 14 (5) knowingly keeps or maintains any store, shop, warehouse, dwelling, 15 building, vehicle, boat, aircraft, or other structure or place which is used for keeping 16 or distributing controlled substances in violation of a felony offense under this chapter 17 or AS 17.30; 18 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 19 thing which prints, imprints, or reproduces a trademark, trade name, or other 20 identifying mark, imprint, or device of another or any likeness of any of these upon 21 a drug, drug container, or labeling so as to render the drug a counterfeit substance; 22 (7) knowingly uses in the course of the manufacture or distribution of 23 a controlled substance a registration number which is fictitious, revoked, suspended, 24 or issued to another person; 25 (8) knowingly furnishes false or fraudulent information in or omits 26 material information from any application, report, record, or other document required 27 to be kept or filed under AS 17.30; 28 (9) obtains possession of a controlled substance by misrepresentation, 29 fraud, forgery, deception or subterfuge; or 30 (10) affixes a false or forged label to a package or other container 31 containing any controlled substance.
01 * Sec. 4. AS 11.71.040(b) is amended to read: 02 (b) It is an affirmative defense to a prosecution under (a)(4)(A) of this section 03 that the prohibited conduct took place entirely within a private residence located within 04 500 feet of the school grounds or recreation or youth center. Nothing in this 05 subsection precludes a prosecution under any other provision of this section or any 06 other section of this chapter. 07 * Sec. 5. AS 11.71.900 is amended by adding a new paragraph to read: 08 (30) "recreation or youth center" means a building, structure, athletic 09 playing field, or playground run or created by a municipality or the state to provide 10 athletic, recreational, or leisure activities for minors. 11 * Sec. 6. AS 28.01.010(d) is amended to read: 12 (d) A municipality shall erect necessary official traffic control devices on 13 streets and highways within its jurisdiction that as far as practicable conform to the 14 current edition of the Alaska Traffic Manual prepared by the Department of 15 Transportation and Public Facilities. The municipality 16 (1) shall post a sign indicating that the school is a "drug-free school 17 zone" at each location in which it has installed a sign identifying the location of a 18 school; 19 (2) may post a sign prominently at each recreation and youth 20 center indicating that the center is a "drug-free recreation and youth center 21 zone"; in this paragraph, "recreation or youth center" has the meaning given in 22 AS 11.71.900.