HB 56: "An Act relating to the crimes of murder, manslaughter, and criminally negligent homicide of children and other victims."
00HOUSE BILL NO. 56 01 "An Act relating to the crimes of murder, manslaughter, and criminally 02 negligent homicide of children and other victims." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41.100(a) is amended to read: 05 (a) A person commits the crime of murder in the first degree if 06 (1) with intent to cause the death of another person, the person 07 (A) causes the death of any person; or 08 (B) compels or induces any person to commit suicide through 09 duress or deception; [OR] 10 (2) the person knowingly engages in conduct directed toward [, 11 UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE 12 VALUE OF HUMAN LIFE, IN A PATTERN OR PRACTICE OF ASSAULT OR 13 TORTURE OF] a child under the age of 16 and the person with criminal negligence 14 [, AND ONE OF THE ACTS OF ASSAULT OR TORTURE RESULTS IN THE
01 DEATH OF THE CHILD; FOR PURPOSES OF THIS PARAGRAPH, A PERSON 02 "ENGAGES IN A PATTERN OR PRACTICE OF ASSAULT OR TORTURE" IF 03 THE PERSON] inflicts serious physical injury on [TO] the child by at least two 04 separate acts, and one of the acts results in the death of the child ; or 05 (3) acting alone or with one or more persons, the person commits 06 or attempts to commit a sexual offense or kidnapping against a child under 16 07 years of age and, in the course of or in furtherance of the offense or in immediate 08 flight from that offense, any person causes the death of the child; in this 09 paragraph, "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470 . 10 * Sec. 2. AS 11.41.110(a) is amended to read: 11 (a) A person commits the crime of murder in the second degree if 12 (1) with intent to cause serious physical injury to another person or 13 knowing that the conduct is substantially certain to cause death or serious physical 14 injury to another person, the person causes the death of any person; 15 (2) the person knowingly engages in conduct that results in the death 16 of another person under circumstances manifesting an extreme indifference to the value 17 of human life; 18 (3) under circumstances not constituting murder in the first degree 19 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 20 person commits or attempts to commit arson in the first degree, kidnapping, sexual 21 assault in the first degree, sexual assault in the second degree, sexual abuse of a 22 minor in the first degree, sexual abuse of a minor in the second degree, burglary 23 in the first degree, escape in the first or second degree, robbery in any degree, or 24 misconduct involving a controlled substance under AS 11.71.010(a), 11.71.020(a), 25 11.71.030(a)(1) or (2), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance 26 of that crime [,] or in immediate flight from that crime, any person causes the death 27 of a person other than one of the participants; [OR] 28 (4) acting with a criminal street gang, the person commits or attempts 29 to commit a crime that is a felony and, in the course of or in furtherance of that crime 30 or in immediate flight from that crime, any person causes the death of a person other 31 than one of the participants ; or
01 (5) the person with criminal negligence causes the death of a child 02 under the age of 16, and the person has been previously convicted of a crime in 03 which the victim was a child under the age of 16 and which was 04 (A) in violation of AS 11.41; 05 (B) in violation of a law or ordinance in another jurisdiction 06 with elements similar to a crime under AS 11.41; or 07 (C) an attempt, a solicitation, or a conspiracy to commit a 08 crime listed in (A) or (B) of this paragraph . 09 * Sec. 3. AS 11.41.130(b) is amended to read: 10 (b) Criminally negligent homicide is a class B [C] felony. 11 * Sec. 4. AS 12.55.125(b) is amended to read: 12 (b) A defendant convicted of murder in the second degree, attempted murder 13 in the first degree, conspiracy to commit murder in the first degree, kidnapping, or 14 misconduct involving a controlled substance in the first degree shall be sentenced to 15 a definite term of imprisonment of at least five years but not more than 99 years. A 16 defendant convicted of murder in the second degree shall be sentenced to a 17 definite term of imprisonment of at least 20 years but not more than 99 years if 18 the defendant is convicted of the murder of a child under 16 years of age and the 19 court finds by clear and convincing evidence that the defendant either was a 20 natural parent, a stepparent, an adoptive parent, a legal guardian, or a person 21 occupying a position of authority in relation to the child, or caused the death of 22 the child by committing a crime against a person under AS 11.41.200 - 11.41.530. 23 In this subsection, 24 (1) "legal guardian" has the meaning given in AS 11.41.470; 25 (2) "position of authority" has the meaning given in AS 11.41.470. 26 * Sec. 5. AS 12.55.125(c) is amended to read: 27 (c) A defendant convicted of a class A felony may be sentenced to a definite 28 term of imprisonment of not more than 20 years, and shall be sentenced to the 29 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 30 12.55.175: 31 (1) if the offense is a first felony conviction and does not involve
01 circumstances described in (2) of this subsection, five years; 02 (2) if the offense is a first felony conviction 03 (A) [,] other than for manslaughter [,] and the defendant 04 possessed a firearm, used a dangerous instrument, or caused serious physical 05 injury during the commission of the offense, or knowingly directed the conduct 06 constituting the offense at a uniformed or otherwise clearly identified peace 07 officer, fire fighter, correctional employee, emergency medical technician, 08 paramedic, ambulance attendant, or other emergency responder who was 09 engaged in the performance of official duties at the time of the offense, seven 10 years; 11 (B) for manslaughter and the conduct resulting in the 12 conviction was knowingly directed toward a child under the age of 16, 13 seven years; 14 (3) if the offense is a second felony conviction, 10 years; 15 (4) if the offense is a third felony conviction and the defendant is not 16 subject to sentencing under (1) of this section, 15 years. 17 * Sec. 6. AS 12.55.125(k) is amended to read: 18 (k) A first felony offender convicted of an offense for which a presumptive 19 term of imprisonment is not specified under this section 20 (1) may be sentenced to a term of unsuspended imprisonment that 21 exceeds the presumptive term for a second or third felony offender convicted of 22 the same crime if the offender is convicted of criminally negligent homicide and 23 the victim is a child under the age of 16; 24 (2) except as provided in (1) of this subsection, may not be sentenced 25 to a term of unsuspended imprisonment that exceeds the presumptive term for a second 26 felony offender convicted of the same crime unless the court finds by clear and 27 convincing evidence that an aggravating factor under AS 12.55.155(c) is present, or 28 that circumstances exist that would warrant a referral to the three-judge panel under 29 AS 12.55.165. 30 * Sec. 7. APPLICABILITY. (a) This Act applies to an offense added or changed by this 31 Act that was committed on or after the effective date of this Act.
01 (b) References to "previously convicted" in this Act apply to all convictions occurring 02 before, on, or after the effective date of this Act.