SB 70: "An Act defining the offenses of unlawful discharge of a firearm; and relating to the commission of those offenses by minors."
00SENATE BILL NO. 70 01 "An Act defining the offenses of unlawful discharge of a firearm; and relating 02 to the commission of those offenses by minors." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.61.200(e) is amended to read: 05 (e) The provisions of (a)(3) [AND (11)] of this section do not apply to a peace 06 officer acting within the scope and authority of the officer's employment. 07 * Sec. 2. AS 11.61 is amended by adding new sections to read: 08 Sec. 11.61.300. Unlawful discharge of a firearm in the first degree. (a) 09 A person commits the crime of unlawful discharge of a firearm in the first degree if 10 the person discharges a firearm from a propelled vehicle while the vehicle is being 11 operated and under circumstances manifesting substantial and unjustifiable risk of 12 physical injury to a person or damage to property. 13 (b) Unlawful discharge of a firearm in the first degree is a class A felony. 14 Sec. 11.61.310. Unlawful discharge of a firearm in the second degree. (a)
01 A person commits the crime of unlawful discharge of a firearm in the second degree 02 if the person discharges a firearm at or in the direction of a building with reckless 03 disregard for a risk that the building is occupied. 04 (b) Unlawful discharge of a firearm in the second degree is a class B felony. 05 Sec. 11.61.320. Unlawful discharge of a firearm in the third degree. (a) 06 A person commits the crime of unlawful discharge of a firearm in the third degree if 07 the person discharges a firearm from a propelled vehicle while the vehicle is being 08 operated in circumstances other than described in AS 11.61.300. 09 (b) Unlawful discharge of a firearm in the third degree is a class C felony. 10 Sec. 11.61.330. Unlawful discharge of a firearm in the fourth degree. (a) 11 A person commits the crime of unlawful discharge of a firearm in the fourth degree 12 if the person discharges a firearm 13 (1) at or in the direction of a building, other than a dwelling; 14 (2) from, on, or across a highway; or 15 (3) with reckless disregard for a risk of physical injury to a person or 16 damage to property. 17 (b) Unlawful discharge of a firearm in the fourth degree is a class A 18 misdemeanor. 19 * Sec. 3. AS 12.55.185(8) is amended to read: 20 (8) "most serious felony" means 21 (A) arson in the first degree, unlawful discharge of a firearm 22 in the first degree under AS 11.61.300, promoting prostitution in the first 23 degree under AS 11.66.110(a)(2), or any unclassified or class A felony 24 prescribed under AS 11.41; or 25 (B) an attempt, or conspiracy to commit, or criminal solicitation 26 under AS 11.31.110 of, an unclassified felony prescribed under AS 11.41; 27 * Sec. 4. AS 18.65.705(4) is amended to read: 28 (4) has not been convicted, within the five years immediately preceding 29 the application, of, and is not currently charged under a complaint, information, 30 indictment, or presentment with any of the following misdemeanor offenses or similar 31 laws of another jurisdiction:
01 (A) AS 11.41.230, 11.41.250, 11.41.270; 02 (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484; 03 (C) AS 11.51.130; 04 (D) AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380, 05 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 06 11.56.805; 07 (E) AS 11.61.110, 11.61.120, 11.61.210, former 08 AS 11.61.210(a)(2) or (3), 11.61.220, 11.61.240, 11.61.330; 09 (F) AS 11.71.050, 11.71.060; or 10 (G) a crime involving domestic violence as defined in 11 AS 18.66.990; 12 * Sec. 5. AS 47.12.030(a) is amended to read: 13 (a) When a minor who was at least 16 years of age at the time of the offense 14 is arraigned on a charge for an offense specified in this subsection, this chapter and 15 the Alaska Delinquency Rules do not apply to the offense for which the minor is 16 arraigned or to any additional offenses joinable to it under the applicable rules of court 17 governing criminal procedure. The minor shall be charged, prosecuted, and sentenced 18 in the superior court in the same manner as an adult unless the minor is convicted of 19 some offense other than an offense specified in this subsection, in which event the 20 minor may attempt to prove, by a preponderance of the evidence, that the minor is 21 amenable to treatment under this chapter. If the court finds that the minor is amenable 22 to treatment under this chapter, the minor shall be treated as though the charges had 23 been heard under this chapter, and the court shall order disposition of the charges of 24 which the minor is convicted under AS 47.12.120(b). The provisions of this 25 subsection apply when the minor is arraigned on a charge 26 (1) that is an unclassified felony or a class A felony and the felony is 27 a crime against a person; [OR] 28 (2) of arson in the first degree; or 29 (3) of unlawful discharge of a firearm in the first or second degree. 30 * Sec. 6. AS 47.12.100(c) is amended to read: 31 (c) For purposes of making a determination under this section,
01 (1) the standard of proof is by a preponderance of the evidence; and 02 (2) the burden of proof that a minor is not amenable to treatment under 03 this chapter is on the state; however, if the petition filed under AS 47.12.040 seeking 04 to have the court declare a minor a delinquent is based on the minor's alleged 05 commission of an offense that is an unclassified felony or class A felony and that is 06 a crime against a person, or that is unlawful use of a firearm in the first or second 07 degree or the minor 08 (A) is rebuttably presumed not to be amenable to treatment 09 under this chapter; and 10 (B) has the burden of proof of showing that the minor is 11 amenable to treatment under this chapter. 12 * Sec. 7. AS 11.61.190(a)(2), 11.61.200(a)(11), 11.61.200(d), 11.61.210(a)(2), and 13 11.61.210(a)(3) are repealed.