00CS FOR SENATE BILL NO. 70(JUD)                                                                                          
01 "An Act relating to the discharge of firearms at or in the direction of buildings                                       
02 and dwellings."                                                                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  INTENT.  It is the legislature's intent that the offense of misconduct involving                       
05 weapons in the second degree under AS 11.61.195(a)(3)(A)(i), enacted in sec. 2 of this Act,                             
06 does not require that a defendant act intentionally, knowingly, recklessly, or with criminal or                         
07 civil negligence as to the element of the offense that the building was occupied at the time                            
08 of the discharge of the firearm.  The legislature intends to dispense with the requirement of                           
09 a culpable mental state and to apply strict liability as to that element.  See, Noblit v. State,                        
10 808 P.2d 280 (Alaska App. 1991).                                                                                        
11    * Sec. 2.   AS 11.61.195(a) is amended to read:                                                                      
12  (a)  A person commits the crime of misconduct involving weapons in the                                                
13 second degree if the person knowingly                                                                                   
14   (1)  possesses a firearm during the commission of an offense under                                                   

01 AS 11.71.010 - 11.71.040; [OR]                                                                                          
02   (2)  violates AS 11.61.200(a)(1) and is within the grounds of or on a                                                
03 parking lot immediately adjacent to                                                                                     
04   (A)  a public or private preschool, elementary, junior high, or                                                     
05 secondary school without the permission of the chief administrative officer of                                          
06 the school or district or the designee of the chief administrative officer; or                                          
07   (B)  a center, other than a private residence, licensed under                                                       
08 AS 47.33 or AS 47.35 or recognized by the federal government for the care of                                            
09 children; or                                                                                                           
10   (3)  discharges a firearm at or in the direction of                                                                  
11   (A)  a building                                                                                                     
12   (i)  and the building is occupied; or                                                                              
13   (ii)  with reckless disregard for a risk of damage to                                                              
14 property or a risk of physical injury to a person; or                                                                   
15   (B)  a dwelling.                                                                                                   
16    * Sec. 3.  AS 11.61.210(a)(3) is amended to read:                                                                    
17   (3)  discharges a firearm with reckless disregard for a risk of damage                                               
18 to property or a risk of physical injury to a person under circumstances other than                                    
19 those described in AS 11.61.195(a)(3)(A)(ii);