CSHB 180(JUD): "An Act relating to the possession, manufacture, use, display, or delivery of controlled substances while children are present."
00CS FOR HOUSE BILL NO. 180(JUD) 01 "An Act relating to the possession, manufacture, use, display, or delivery of 02 controlled substances while children are present." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.51.100(a) is amended to read: 05 (a) A person commits the crime of endangering the welfare of a child in the 06 first degree if, being a parent, guardian, or other person legally charged with the care 07 of a child under 16 years of age, the person 08 (1) intentionally deserts the child in a place under circumstances 09 creating a substantial risk of physical injury to the child; 10 (2) leaves the child with another person who is not a parent, guardian, 11 or lawful custodian of the child knowing that the person 12 (A) is registered or required to register as a sex offender under 13 AS 12.63 or a law or ordinance in another jurisdiction with similar 14 requirements;
01 (B) has been charged by complaint, information, or indictment 02 with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 03 jurisdiction with similar elements; or 04 (C) has been charged by complaint, information, or indictment 05 with an attempt, solicitation, or conspiracy to commit a crime described in (B) 06 of this paragraph; [OR] 07 (3) leaves the child with another person knowing that the person has 08 previously physically mistreated or had sexual contact with any child, and the other 09 person causes physical injury or engages in sexual contact with the child ; or 10 (4) allows the child to enter or remain in 11 (A) a dwelling or vehicle knowing that a controlled 12 substance is being unlawfully used, manufactured, displayed, or delivered 13 in the dwelling or vehicle; 14 (B) the immediate physical presence of the unlawful use, 15 manufacture, display, or delivery of a controlled substance knowing that 16 the unlawful use, manufacture, display, or delivery is occurring . 17 * Sec. 2. AS 11.51.100 is amended by adding a new subsection to read: 18 (e) Endangering the welfare of a child in the first degree under (a)(4) of this 19 section is a class A misdemeanor. 20 * Sec. 3. AS 11.51.110(a) is amended to read: 21 (a) A person commits the crime of endangering the welfare of a child in the 22 second degree if the person, while caring for a child under 10 years of age, 23 [(1) CAUSES OR ALLOWS THE CHILD TO ENTER OR REMAIN 24 IN A DWELLING OR VEHICLE IN WHICH A CONTROLLED SUBSTANCE IS 25 STORED IN VIOLATION OF AS 11.71; OR 26 (2)] is impaired by an intoxicant, whether or not prescribed for the 27 person under AS 17.30, and there is no third person who is at least 12 years of age 28 and not impaired by an intoxicant present to care for the child. 29 * Sec. 4. AS 11.51.130(a) is amended to read: 30 (a) A person commits the crime of contributing to the delinquency of a minor 31 if, being 19 years of age or older or being under 19 years of age and having the
01 disabilities of minority removed for general purposes under AS 09.55.590, the person 02 aids, induces, causes, or encourages a child 03 (1) under 18 years of age to do any act prohibited by state law unless 04 the child's disabilities of minority have been removed for general purposes under 05 AS 09.55.590; 06 (2) under 18 years of age to enter or remain in the immediate physical 07 presence of [SAME ROOM IN A BUILDING WHERE] the 08 (A) unlawful possession [SALE] of a controlled substance 09 knowing that the unlawful possession is occurring, [DRUG OCCURS] unless 10 the child's disabilities of minority have been removed for general purposes 11 under AS 09.55.590; or 12 (B) unlawful manufacture, use, display, or delivery of a 13 controlled substance with reckless disregard that the unlawful 14 manufacture, use, display, or delivery is occurring, unless the child's 15 disabilities of minority have been removed for general purposes under 16 AS 09.55.590 ; 17 (3) under 16 years of age to be repeatedly absent from school, without 18 just cause; or 19 (4) under 18 years of age to be absent from the custody of a parent, 20 guardian, or custodian without the permission of the parent, guardian, or custodian or 21 without the knowledge of the parent, guardian, or custodian, unless the child's 22 disabilities of minority have been removed for general purposes under AS 09.55.590 23 or the person has immunity under AS 47.10.350 or 47.10.398(a); it is an affirmative 24 defense to a prosecution under this paragraph that, at the time of the alleged offense, 25 the defendant 26 (A) reasonably believed that the child was in danger of physical 27 injury or in need of temporary shelter; and 28 (B) within 12 hours after taking the actions comprising the 29 alleged offense, notified a peace officer, a law enforcement agency, or the 30 Department of Health and Social Services of the name of the child and the 31 child's location.