CSSB 194(JUD): "An Act relating to offenses associated with criminal street gangs, and to sentencing for those offenses; relating to the offenses of murder in the second degree, an unclassified felony, misconduct involving weapons in the first degree, a class A felony, and misconduct involving weapons in the third degree, a class C felony; and amending Rule 702(a), Alaska Rules of Evidence; and providing for an effective date."
00CS FOR SENATE BILL NO. 194(JUD) 01 "An Act relating to offenses associated with criminal street gangs, and to 02 sentencing for those offenses; relating to the offenses of murder in the second 03 degree, an unclassified felony, misconduct involving weapons in the first degree, 04 a class A felony, and misconduct involving weapons in the third degree, a class 05 C felony; and amending Rule 702(a), Alaska Rules of Evidence; and providing for 06 an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 11.41.110(a) is amended to read: 09 (a) A person commits the crime of murder in the second degree if 10 (1) with intent to cause serious physical injury to another person or 11 knowing that the conduct is substantially certain to cause death or serious physical injury 12 to another person, the person causes the death of any person; 13 (2) the person knowingly engages in conduct that results in the death of 14 another person under circumstances manifesting an extreme indifference to the value of
01 human life; [OR] 02 (3) acting either alone or with one or more persons, the person commits 03 or attempts to commit arson in the first degree, kidnapping, sexual assault in the first 04 degree, sexual assault in the second degree, burglary in the first degree, escape in the 05 first or second degree, [OR] robbery in any degree, or misconduct involving a 06 controlled substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 07 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime, or in 08 immediate flight from that crime, any person causes the death of a person other than one 09 of the participants; or 10 (4) acting with a criminal street gang, the person commits or 11 attempts to commit a crime that is a felony and, in the course of or in furtherance 12 of that crime or in immediate flight from that crime, any person causes the death 13 of a person other than one of the participants. 14 * Sec. 2. AS 11.61 is amended by adding new sections to article 1 to read: 15 Sec. 11.61.160. RECRUITING A GANG MEMBER IN THE FIRST DEGREE. 16 (a) A person commits the crime of recruiting a gang member in the first degree if the 17 person uses or threatens the use of force against a person or property to induce a person 18 to participate in a criminal street gang or to commit a crime on behalf of a criminal street 19 gang. 20 (b) Recruiting a gang member in the first degree is a class C felony. 21 Sec. 11.61.165. RECRUITING A GANG MEMBER IN THE SECOND 22 DEGREE. (a) A person commits the crime of recruiting a gang member in the second 23 degree if the person is 18 years of age or older and, without force or the threat of force, 24 encourages or recruits a person who is under 18 years of age and at least three years 25 younger than the offender to participate in a criminal street gang. 26 (b) Recruiting a gang member in the second degree is a class A misdemeanor. 27 * Sec. 3. AS 11.61.190(a) is amended to read: 28 (a) A person commits the crime of misconduct involving weapons in the first 29 degree if the person 30 (1) uses or attempts to use a firearm during the commission of an offense 31 under AS 11.71.010 - 11.71.040; or
01 (2) discharges a firearm from a propelled vehicle while the vehicle 02 is being operated and under circumstances manifesting substantial and unjustifiable 03 risk of physical injury to a person or damage to property. 04 * Sec. 4. AS 11.61.200(a) is amended to read: 05 (a) A person commits the crime of misconduct involving weapons in the third 06 degree if the person 07 (1) knowingly possesses a firearm capable of being concealed on one's 08 person after having been convicted of a felony or adjudicated a delinquent minor for 09 conduct that would constitute a felony if committed by an adult by a court of this state, 10 a court of the United States, or a court of another state or territory; 11 (2) knowingly sells or transfers a firearm capable of being concealed on 12 one's person to a person who has been convicted of a felony by a court of this state, a 13 court of the United States, or a court of another state or territory; 14 (3) manufactures, possesses, transports, sells, or transfers a prohibited 15 weapon; 16 (4) knowingly sells or transfers a firearm to another whose physical or 17 mental condition is substantially impaired as a result of the introduction of an 18 intoxicating liquor or controlled substance into that other person's body; 19 (5) removes, covers, alters, or destroys the manufacturer's serial number 20 on a firearm with intent to render the firearm untraceable; 21 (6) possesses a firearm on which the manufacturer's serial number has 22 been removed, covered, altered, or destroyed, knowing that the serial number has been 23 removed, covered, altered, or destroyed with the intent of rendering the firearm 24 untraceable; 25 (7) violates AS 11.46.320 and, during the violation, possesses on the 26 person a firearm when the person's physical or mental condition is impaired as a result 27 of the introduction of an intoxicating liquor or controlled substance into the person's 28 body; 29 (8) violates AS 11.46.320 or 11.46.330 by entering or remaining 30 unlawfully on premises or in a propelled vehicle in violation of a provision of an order 31 issued under AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the
01 person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; 02 (9) communicates in person with another in violation of AS 11.56.740 03 and, during the communication, possesses on the person a defensive weapon or a deadly 04 weapon, other than an ordinary pocketknife; 05 (10) resides in a dwelling knowing that there is a firearm capable of 06 being concealed on one's person or a prohibited weapon in the dwelling if the person has 07 been convicted of a felony by a court of this state, a court of the United States, or a 08 court of another state or territory, unless the person has written authorization to live in 09 a dwelling in which there is a concealable weapon described in this paragraph from a 10 court of competent jurisdiction or from the head of the law enforcement agency of the 11 community in which the dwelling is located; or 12 (11) discharges a firearm from a propelled vehicle while the vehicle is 13 being operated in circumstances other than described in AS 11.61.190(a)(2). 14 * Sec. 5. AS 11.81.900(b) is amended by adding a new paragraph to read: 15 (59) "criminal street gang" means a group of three or more persons 16 (A) who have in common a name or identifying sign, symbol, 17 tattoo or other physical marking, style of dress, or use of hand signs; and 18 (B) who, individually, jointly, or in combination, have committed 19 or attempted to commit, within the preceding three years, for the benefit of, at 20 the direction of, or in association with the group, two or more offenses under any 21 of, or any combination of, the following: 22 (i) AS 11.41; 23 (ii) AS 11.46; or 24 (iii) a felony offense. 25 * Sec. 6. AS 12.45 is amended by adding a new section to read: 26 Sec. 12.45.037. ADMISSIBILITY OF EXPERT TESTIMONY RELATING TO 27 CRIMINAL STREET GANG ACTIVITY. (a) In a criminal prosecution, expert 28 testimony is admissible to show, in regard to a specific criminal street gang or criminal 29 street gangs whose conduct is relevant to the case, 30 (1) common characteristics of persons who are members of the criminal 31 street gang or criminal street gangs;
01 (2) rivalries between specific criminal street gangs; 02 (3) common practices and operations of the criminal street gang or 03 criminal street gangs and the members of those gangs; 04 (4) social customs and behavior of members of the criminal street gang 05 or the criminal street gangs; 06 (5) terminology used by members of the criminal street gang or the 07 criminal street gangs; 08 (6) codes of conduct of the particular criminal street gang or criminal 09 street gangs; and 10 (7) the types of crimes that are likely to be committed by the particular 11 criminal street gang. 12 (b) In this section, "criminal street gang" has the meaning given in 13 AS 11.81.900(b). 14 * Sec. 7. AS 12.55.015(a) is amended to read: 15 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 16 sentence on a defendant convicted of an offense, may singly or in combination 17 (1) impose a 18 (A) fine when authorized by law and as provided in 19 AS 12.55.035; or 20 (B) [A] day fine when authorized by law and as provided in 21 AS 12.55.036, if the court does not impose a term of periodic or continuous 22 imprisonment or place the defendant on probation; 23 (2) order the defendant to be placed on probation under conditions 24 specified by the court that may include provision for active supervision; 25 (3) impose a definite term of periodic imprisonment; 26 (4) impose a definite term of continuous imprisonment; 27 (5) order the defendant to make restitution under AS 12.55.045; 28 (6) order the defendant to carry out a continuous or periodic program of 29 community work under AS 12.55.055; 30 (7) suspend execution of all or a portion of the sentence imposed under 31 AS 12.55.080;
01 (8) suspend imposition of sentence under AS 12.55.085; 02 (9) order the forfeiture to the commissioner of public safety of a deadly 03 weapon that was in the actual possession of or used by the defendant during the 04 commission of an offense described in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 05 (10) order the defendant, while incarcerated, to participate in or comply 06 with the treatment plan of a rehabilitation program that is related to the defendant's 07 offense or to the defendant's rehabilitation if the program is made available to the 08 defendant by the Department of Corrections; 09 (11) order the forfeiture to the state of a motor vehicle, weapon, 10 electronic communication device, or money or other valuables, used in or obtained 11 through an offense that was committed for the benefit of, at the direction of, or in 12 association with a criminal street gang. 13 * Sec. 8. AS 12.55 is amended by adding a new section to read: 14 Sec. 12.55.137. PENALTIES FOR GANG ACTIVITIES PUNISHABLE AS 15 MISDEMEANORS. (a) If a person commits an offense that would be a class B 16 misdemeanor and the person committed the offense for the benefit of, at the direction of, 17 or in association with a criminal street gang, the offense is a class A misdemeanor. 18 (b) If a person commits an offense that would be a class A misdemeanor and the 19 person committed the offense for the benefit of, at the direction of, or in association with 20 a criminal street gang, the offense is a class C felony. 21 * Sec. 9. AS 12.55.155(c) is amended by adding a new paragraph to read: 22 (29) the defendant committed the offense for the benefit of, at the 23 direction of, or in association with a criminal street gang. 24 * Sec. 10. AS 12.55.185 is amended by adding a new paragraph to read: 25 (14) "criminal street gang" has the meaning given in AS 11.81.900(b). 26 * Sec. 11. AS 12.45.037, added by sec. 6 of this Act, has the effect of amending Rule 702(a), 27 Alaska Rules of Evidence, to allow the admissibility of expert testimony to show criminal gang 28 characteristics, activity, and practices by a person having that specialized knowledge based on 29 the person's knowledge, skill, experience, training, or education. 30 * Sec. 12. APPLICABILITY. This Act applies to an act that occurs on or after the effective 31 date of this Act, except that references to previous offenses refer to acts occurring before, on,
01 or after the effective date of this Act. 02 * Sec. 13. This Act takes effect September 1, 1996.