00SENATE BILL NO. 264                                                                                                     
01 "An Act limiting the authority of courts to suspend the imposition of sentence                                          
02 in criminal cases."                                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 12.55.085(f) is amended to read:                                                                    
05  (f)  The court may not suspend the imposition of sentence of a person who                                             
06   (1)  is convicted of a crime against a person or arson in the first                                                 
07 degree [VIOLATION OF AS 11.41.410 - 11.41.455];                                                                        
08   (2)  uses a firearm in the commission of the offense for which the                                                   
09 person is convicted; or                                                                                                 
10   (3)  is convicted of a felony [VIOLATION OF AS 11.41.210 -                                                         
11 11.41.270 OR 11.41.510 - 11.41.530,] and the person has [, WITHIN THE 10 YEARS                                          
12 PRECEDING THE COMMISSION OF THE OFFENSE FOR WHICH THE PERSON                                                            
13 HAS BEEN CONVICTED,] one or more prior convictions for a felony [VIOLATION                                            
14 OF AS 11.41] or for a violation of a law in this or another jurisdiction having                                         

01 substantially similar elements to an offense defined as a felony in this state [IN                                    
02 AS 11.41]; for the purposes of this paragraph, a person shall be considered to have a                                   
03 prior conviction even if that conviction has been set aside under (e) of this section or                                
04 under the equivalent provision of the laws of another jurisdiction.                                                     
05    * Sec. 2.  AS 12.55.135(e) is amended to read:                                                                       
06  (e)  Except as provided in AS 12.55.055(f), if a defendant is sentenced under                                         
07   (1)  (c) or (d) [(c), (d), OR (f)] of this section,                                                                
08   (A) [(1)]  execution of sentence may not be suspended and                                                         
09 probation or parole may not be granted until the minimum term of                                                        
10 imprisonment has been served;                                                                                           
11   (B) [(2)  IMPOSITION OF A SENTENCE MAY NOT BE                                                                     
12 SUSPENDED EXCEPT UPON CONDITION THAT THE DEFENDANT BE                                                                   
13 IMPRISONED FOR NO LESS THAN THE MINIMUM TERM OF                                                                         
14 IMPRISONMENT PROVIDED IN THE SECTION; AND                                                                               
15   (3)]  the minimum term of imprisonment may not otherwise be reduced;                                                
16 and                                                                                                                     
17   (2)  (f) of this section,                                                                                            
18   (A)  execution of sentence may not be suspended and                                                                 
19 probation or parole may not be granted until the minimum term of                                                        
20 imprisonment has been served;                                                                                          
21   (B)  the minimum term of imprisonment may not otherwise                                                            
22 be reduced; and                                                                                                         
23   (C)  imposition of sentence may not be suspended except                                                             
24 upon condition that the defendant be imprisoned for no less than the                                                    
25 minimum term of imprisonment provided in the section.                                                                  
26    * Sec. 3.  APPLICABILITY.  This Act applies to offenses committed on or after the                                    
27 effective date of this Act.  References to prior convictions refer to convictions occurring                             
28 before, on, or after the effective date of this Act.