00SENATE BILL NO. 268                                                                                                   
01 "An Act relating to mandatory 99-year terms of imprisonment for persons                                                 
02 convicted of certain murders."                                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 12.55.125(a) is amended to read:                                                                  
05  (a)  A defendant convicted of murder in the first degree shall be sentenced to                                        
06 a definite term of imprisonment of at least 20 years but not more than 99 years.  A                                     
07 defendant convicted of murder in the first degree shall be sentenced to a mandatory                                     
08 term of imprisonment of 99 years when                                                                                   
09   (1)  the defendant is convicted of the murder of a uniformed or                                                      
10 otherwise clearly identified peace officer, fire fighter, or correctional employee who                                  
11 was engaged in the performance of official duties at the time of the murder;                                            
12   (2)  the defendant has been previously convicted of                                                                  
13   (A)  murder in the first degree under AS 11.41.100 or former                                                        
14 AS 11.15.010 or 11.15.020;                                                                                              

01   (B)  murder in the second degree under AS 11.41.110 or former                                                       
02 AS 11.15.030; or                                                                                                        
03   (C)  homicide under the laws of another jurisdiction when the                                                       
04 offense of which the defendant was convicted contains elements similar to first                                         
05 degree murder under AS 11.41.100 or second degree murder under                                                          
06 AS 11.41.110; [OR]                                                                                                      
07   (3)  the court finds by clear and convincing evidence that the defendant                                             
08 subjected the murder victim to substantial physical torture ; or                                                       
09   (4)  the defendant is convicted of the murder of and personally                                                      
10 caused the death of a person, other than a participant, during a robbery .                                             
11    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section                            
12 to read:                                                                                                                
13  APPLICABILITY.  This Act applies to offenses committed on or after the effective                                       
14 date of this Act.