SSSB 125: "An Act increasing fines and imposing, and relating to, surcharges for certain criminal offenses."
00SPONSOR SUBSTITUTE FOR SENATE BILL NO. 125 01 "An Act increasing fines and imposing, and relating to, surcharges for certain 02 criminal offenses." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55.035(b) is amended to read: 05 (b) Except as provided in AS 12.55.036, upon conviction of an offense, a 06 defendant who is not an organization may be sentenced to pay, unless otherwise 07 specified in the provision of law defining the offense, a fine of no more than 08 (1) $500,000 [$75,000] for murder in the first or second degree, 09 attempted murder in the first degree, sexual assault in the first degree, sexual abuse of 10 a minor in the first degree, kidnapping, or misconduct involving a controlled substance 11 in the first degree; 12 (2) $250,000 [$50,000] for a class A felony, $100,000 for a class [,] 13 B felony, or $50,000 for a class C felony; 14 (3) $5,000 for a class A misdemeanor;
01 (4) $1,000 for a class B misdemeanor; 02 (5) $300 for a violation. 03 * Sec. 2. AS 12.55.035(c) is amended to read: 04 (c) Except as provided in AS 12.55.036, upon conviction of an offense, a 05 defendant that is an organization may be sentenced to pay a fine not exceeding the 06 greater of 07 (1) an amount that is 08 (A) $1,000,000 [$500,000] for a felony offense or for a 09 misdemeanor offense that results in death; 10 (B) $200,000 for a class A misdemeanor offense that does not 11 result in death; 12 (C) $25,000 for a class B misdemeanor offense that does not 13 result in death; 14 (D) $10,000 for a violation; 15 (2) three [TWO] times the pecuniary gain realized by the defendant as 16 a result of the offense; or 17 (3) three [TWO] times the pecuniary damage or loss caused by the 18 defendant to another, or to the property of another, as a result of the offense. 19 * Sec. 3. AS 12.55.039(a) is amended to read: 20 (a) In addition to any fine or other penalty or surcharge or other cost 21 prescribed by law, a defendant who pleads guilty or nolo contendere to, forfeits bail 22 for, or is convicted of a violation of a vehicle or traffic offense under AS 28, a 23 regulation adopted under AS 28, or a municipal ordinance under AS 28.01.010 shall 24 be assessed a law enforcement training surcharge of 25 (1) $10 if the violation is for other than a violation of AS 28.15.291, 26 AS 28.33.030, 28.33.031, AS 28.35.030, 28.35.032, 28.35.040, 28.35.060, or a 27 comparable municipal ordinance; or 28 (2) $25 if the violation is a violation of AS 28.15.291, AS 28.33.030, 29 28.33.031, AS 28.35.030, 28.35.032, 28.35.040, 28.35.060, or a comparable municipal 30 ordinance. 31 * Sec. 4. AS 12.55 is amended by adding a new section to read:
01 Sec. 12.55.041. CRIME VICTIMS' SURCHARGE FOR FELONY AND 02 MISDEMEANOR CONVICTIONS. (a) In addition to a fine or other penalty 03 or a surcharge or other cost prescribed by law, a defendant who pleads guilty or 04 nolo contendere to, forfeits bail for, or is convicted of a felony or misdemeanor 05 under the laws of this state shall be assessed a crime victims' surcharge of 06 (1) $50 if the matter is a misdemeanor; 07 (2) $100 if the matter is a felony other than a felony listed in (3) 08 of this subsection; and 09 (3) $200 if the matter is a felony under AS 11.41 or is arson in the 10 first degree under AS 11.46.400. 11 (b) A court may not fail to impose the surcharge required under this 12 section. The surcharge may not be waived, deferred, or suspended. A court may 13 allow a defendant, who is unable to pay the surcharge required to be imposed 14 under this section, to perform community work under AS 12.55.055(c) in lieu of 15 the surcharge. 16 (c) The surcharge shall be paid within 10 days of imposition or such 17 shorter period of time as ordered by the court. Failure to pay the surcharge is 18 punishable as contempt of court. Proceedings to collect the surcharge may be 19 instituted by the state or by the court on its own motion. 20 (d) Money collected under this section shall be deposited into the general 21 fund and accounted for under AS 37.05.142. The legislature may appropriate the 22 annual estimated balance in the account maintained under this section to the crime 23 victim compensation fund under AS 18.67.162, for the operation of the Violent Crimes 24 Compensation Board, or for another public purpose. Nothing in this subsection creates 25 a dedicated fund. 26 * Sec. 5. APPLICABILITY. The amendments made by this Act apply to offenses 27 committed on or after the effective date of this Act.