HB 425: "An Act relating to offenses or juvenile delinquency acts involving the victim's race, sex, color, creed, physical or mental disability, sexual orientation, ancestry, or national origin; relating to sentencing, informal adjustment, and adjudication for those offenses and acts; relating to diversity tolerance programs; relating to a civil cause of action for certain acts involving discriminatory harassment; and providing for an effective date."
00 HOUSE BILL NO. 425 01 "An Act relating to offenses or juvenile delinquency acts involving the victim's race, sex, 02 color, creed, physical or mental disability, sexual orientation, ancestry, or national 03 origin; relating to sentencing, informal adjustment, and adjudication for those offenses 04 and acts; relating to diversity tolerance programs; relating to a civil cause of action for 05 certain acts involving discriminatory harassment; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 09.55 is amended by adding a new section to read: 08 Sec. 09.55.670. Discriminatory harassment action. (a) An individual may 09 maintain a civil action for discriminatory harassment against another, or against the 10 parent or legal guardian of a minor, who has caused physical injury to the individual, 11 or damage to the property of the individual, with the intent to intimidate or harass the 12 individual because of the individual's actual or perceived race, sex, color, creed, 13 physical or mental disability, sexual orientation, ancestry, or national origin.
01 (b) An action may not be maintained under this section against 02 (1) the state, an agency or instrumentality of the state, or a political 03 subdivision of the state; 04 (2) an agent, officer, or employee of an entity described in (1) of this 05 subsection; 06 (3) an individual working in or responsible for the operation under 07 AS 47 of a foster, receiving, or detention home or children's institution, regarding the 08 acts of an unemancipated minor in the charge or custody of the home or institution; or 09 (4) an employee of or a volunteer with a nonprofit corporation that 10 designates shelters for runaways under AS 47.10.392 - 47.10.399, regarding the acts of 11 a minor sheltered in a shelter for runaways, as defined in AS 47.10.399. 12 (c) Compensatory and punitive damages may be awarded to a prevailing 13 claimant in an action brought under this section. An award of damages against the 14 parent or legal guardian of a minor under this section must be based upon the reckless 15 conduct of the parent or legal guardian having actual care and custody of the minor. 16 (d) An award of damages under this section does not preclude an individual 17 from seeking other remedies available under other law. 18 * Sec. 2. AS 11.76 is amended by adding a new section to read: 19 Sec. 11.76.200. Motivation by prejudice, bias, or hatred. (a) A person 20 commits the crime of motivation by prejudice, bias, or hatred if the person commits a 21 crime in this title and the person knowingly directed the conduct constituting the crime 22 at the victim of the crime because of the victim's actual or perceived race, sex, color, 23 creed, physical or mental disability, sexual orientation, ancestry, or national origin. 24 (b) Motivation by prejudice, bias, or hatred is a 25 (1) class A misdemeanor if the crime committed is a class B 26 misdemeanor; 27 (2) class C felony if the crime committed is a class A misdemeanor; 28 (3) class B felony if the crime committed is a class C felony; 29 (4) class A felony if the crime committed is a class B felony; 30 (5) unclassified felony if the crime committed is a class A felony or 31 unclassified felony.
01 * Sec. 3. AS 11.81.250(a) is amended to read: 02 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 03 title, except murder in the first and second degree, attempted murder in the first 04 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 05 in the first degree, sexual assault in the first degree, sexual abuse of a minor in the first 06 degree, misconduct involving a controlled substance in the first degree, a class A 07 felony when motivated by prejudice, bias, or hatred, and kidnapping, are classified 08 on the basis of their seriousness, according to the type of injury characteristically 09 caused or risked by commission of the offense and the culpability of the offender. 10 Except for murder in the first and second degree, attempted murder in the first degree, 11 solicitation to commit murder in the first degree, conspiracy to commit murder in the 12 first degree, sexual assault in the first degree, sexual abuse of a minor in the first 13 degree, misconduct involving a controlled substance in the first degree, a class A 14 felony when motivated by prejudice, bias, or hatred, and kidnapping, the offenses 15 in this title are classified into the following categories: 16 (1) class A felonies, which characteristically involve conduct resulting 17 in serious physical injury or a substantial risk of serious physical injury to a person; 18 (2) class B felonies, which characteristically involve conduct resulting 19 in less severe violence against a person than class A felonies, aggravated offenses 20 against property interests, or aggravated offenses against public administration or 21 order; 22 (3) class C felonies, which characteristically involve conduct serious 23 enough to deserve felony classification but not serious enough to be classified as A or 24 B felonies; 25 (4) class A misdemeanors, which characteristically involve less severe 26 violence against a person, less serious offenses against property interests, less serious 27 offenses against public administration or order, or less serious offenses against public 28 health and decency than felonies; 29 (5) class B misdemeanors, which characteristically involve a minor 30 risk of physical injury to a person, minor offenses against property interests, minor 31 offenses against public administration or order, or minor offenses against public health
01 and decency; 02 (6) violations, which characteristically involve conduct inappropriate 03 to an orderly society but which do not denote criminality in their commission. 04 * Sec. 4. AS 11.81.250(b) is amended to read: 05 (b) The classification of each felony defined in this title, except murder in the 06 first and second degree, attempted murder in the first degree, solicitation to commit 07 murder in the first degree, conspiracy to commit murder in the first degree, sexual 08 assault in the first degree, sexual abuse of a minor in the first degree, misconduct 09 involving a controlled substance in the first degree, a class A felony when motivated 10 by prejudice, bias, or hatred, and kidnapping, is designated in the section defining it. 11 A felony under Alaska law defined outside this title for which no penalty is 12 specifically provided is a class C felony. 13 * Sec. 5. AS 12.55.085(f) is amended to read: 14 (f) The court may not suspend the imposition of sentence of a person who 15 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 16 - 11.41.320, 11.41.410 - 11.41.530, [OR] AS 11.46.400, or AS 11.76.200; 17 (2) uses a firearm in the commission of the offense for which the 18 person is convicted; [OR] 19 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 20 and the person has one or more prior convictions for a misdemeanor violation of 21 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 22 having substantially similar elements to an offense defined as a misdemeanor in 23 AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall 24 be considered to have a prior conviction even if that conviction has been set aside 25 under (e) of this section or under the equivalent provision of the laws of another 26 jurisdiction; or 27 (4) is convicted of an offense and knowingly directed the conduct 28 constituting the offense at a victim because of that person's actual or perceived 29 race, sex, color, creed, physical or mental disability, sexual orientation, ancestry, 30 or national origin. 31 * Sec. 6. AS 12.55.125(b) is amended to read:
01 (b) A defendant convicted of attempted murder in the first degree, solicitation 02 to commit murder in the first degree, conspiracy to commit murder in the first degree, 03 kidnapping, a class A felony when motivated by prejudice, bias, or hatred, or 04 misconduct involving a controlled substance in the first degree shall be sentenced to a 05 definite term of imprisonment of at least five years but not more than 99 years. A 06 defendant convicted of murder in the second degree shall be sentenced to a definite 07 term of imprisonment of at least 10 years but not more than 99 years. A defendant 08 convicted of murder in the second degree shall be sentenced to a definite term of 09 imprisonment of at least 20 years but not more than 99 years when the defendant is 10 convicted of the murder of a child under 16 years of age and the court finds by clear 11 and convincing evidence that the defendant (1) was a natural parent, a stepparent, an 12 adopted parent, a legal guardian, or a person occupying a position of authority in 13 relation to the child; or (2) caused the death of the child by committing a crime against 14 a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 15 "position of authority" have the meanings given in AS 11.41.470. 16 * Sec. 7. AS 12.55.135(i) is amended to read: 17 (i) If a defendant is sentenced under (g) or (k) of this section, 18 (1) execution of sentence may not be suspended and probation or 19 parole may not be granted until the minimum term of imprisonment has been served; 20 (2) imposition of sentence may not be suspended; 21 (3) the minimum term of imprisonment may not otherwise be reduced. 22 * Sec. 8. AS 12.55.135(j) is amended by adding a new paragraph to read: 23 (3) "hate crime" means the defendant knowingly directed the conduct 24 constituting the offense at a victim because of that person's actual or perceived race, 25 sex, color, creed, physical or mental disability, sexual orientation, ancestry, or national 26 origin. 27 * Sec. 9. AS 12.55.135 is amended by adding a new subsection to read: 28 (k) If a defendant is convicted of an offense other than a violation of 29 AS 11.76.200 and the court finds by clear and convincing evidence that the defendant 30 has committed a misdemeanor hate crime, the court shall sentence the defendant 31 (1) to a minimum term of imprisonment of 60 days if the defendant
01 violated AS 11.41.230(a)(1) or (2) or 11.41.270; 02 (2) to a minimum term of imprisonment of 30 days if the defendant 03 violated AS 11.41.230(a)(3) or 11.41.250; 04 (3) to a minimum term of imprisonment of 10 days if the defendant 05 violated AS 11.61.110 or 11.61.120; or 06 (4) as a worst offender if the defendant violated any other provision of 07 AS 11 that is punishable as a misdemeanor and that is not described in (1) - (3) of this 08 subsection. 09 * Sec. 10. AS 12.55.155(c)(22) is amended to read: 10 (22) the defendant knowingly directed the conduct constituting the 11 offense at a victim because of that person's actual or perceived race, sex, color, creed, 12 physical or mental disability, sexual orientation, ancestry, or national origin; 13 * Sec. 11. AS 44.28.020 is amended by adding a new subsection to read: 14 (d) The department shall develop a diversity tolerance program for offenders 15 who have been convicted of a crime that was motivated by the victim's actual or 16 perceived race, sex, color, creed, physical or mental disability, sexual orientation, 17 ancestry, or national origin and require those offenders in the custody of the 18 department to participate in the program. 19 * Sec. 12. AS 44.41.020(c) is amended to read: 20 (c) The department shall 21 (1) establish, and may require state and local law enforcement agencies 22 to use, standardized methods of collecting and recording law enforcement and crime 23 statistics; 24 (2) require state and local law enforcement agencies to separately 25 record and report crimes that are motivated by the victim's actual or perceived 26 race, sex, color, creed, physical or mental disability, sexual orientation, ancestry, 27 or national origin. 28 * Sec. 13. AS 47.12.060(b) is amended to read: 29 (b) When the department or the entity selected by it decides to make an 30 informal adjustment of a matter under (a)(2) of this section, that informal adjustment 31 (1) must be made with the agreement or consent of the minor and the
01 minor's parents or guardian to the terms and conditions of the adjustment; 02 (2) must give the minor's foster parent an opportunity to be heard 03 before the informal adjustment is made; 04 (3) must include notice that informal action to adjust a matter is not 05 successfully completed unless, among other factors that the department or the entity 06 selected by it considers, as to the victim of the act of the minor that is the basis of the 07 delinquency allegation, the minor pays restitution in the amount set by the department 08 or the entity selected by it or agrees as a term or condition set by the department or the 09 entity selected by it to pay the restitution; 10 (4) for a violation of habitual minor consuming or in possession or 11 control under AS 04.16.050(d) must include an agreement that the minor perform 96 12 hours of community work, provide that the minor's driver's license or permit, privilege 13 to drive, or privilege to obtain a license be revoked for six months, and provide that 14 the driver's license or permit, privilege to drive, or privilege to obtain a license be 15 revoked for an additional six months if the informal adjustment is not successful 16 because the minor has failed to perform community work as ordered, or has failed to 17 submit to evaluation or successfully complete the education or treatment 18 recommended; the department or an entity selected by the department shall notify the 19 agency responsible for issuing driver's licenses of an informal adjustment under this 20 paragraph or of an unsuccessful adjustment described in this paragraph; 21 (5) of an offense described in AS 28.15.185(a)(1) must include an 22 agreement that the minor's driver's license or permit, privilege to drive, or privilege to 23 obtain a license be revoked as provided in AS 28.15.185(b); the department or an 24 entity selected by the department shall notify the agency responsible for issuing 25 driver's licenses of an informal adjustment under this paragraph; 26 (6) must, if there is reason to believe that the minor knowingly 27 directed the conduct constituting a delinquent act at a victim because of that 28 person's actual or perceived race, sex, color, creed, physical or mental disability, 29 sexual orientation, ancestry, or national origin, 30 (A) require the minor to perform a minimum of 100 hours 31 of community work service; and
01 (B) include a referral to a diversity tolerance program or 02 otherwise provide the minor and the minor's parents or guardian with the 03 opportunity to develop respect for the ethnic, cultural, and personal 04 diversity of all persons of the state. 05 * Sec. 14. AS 47.12.120(b) is amended to read: 06 (b) If the minor is not subject to (j) of this section and the court finds that the 07 minor is delinquent, it shall 08 (1) order the minor committed to the department for a period of time 09 not to exceed two years or in any event extend past the day the minor becomes 19 10 years of age, except that the department may petition for and the court may grant in a 11 hearing (A) two-year extensions of commitment that do not extend beyond the minor's 12 19th birthday if the extension is in the best interests of the minor and the public; and 13 (B) an additional one-year period of supervision past age 19 if continued supervision 14 is in the best interests of the person and the person consents to it; the department shall 15 place the minor in the juvenile facility that the department considers appropriate and 16 that may include a juvenile correctional school, juvenile work camp, treatment facility, 17 detention home, or detention facility; the minor may be released from placement or 18 detention and placed on probation on order of the court and may also be released by 19 the department, in its discretion, under AS 47.12.260; 20 (2) order the minor placed on probation, to be supervised by the 21 department, and released to the minor's parents, guardian, or a suitable person; if the 22 court orders the minor placed on probation, it may specify the terms and conditions of 23 probation; the probation may be for a period of time not to exceed two years and in no 24 event to extend past the day the minor becomes 19 years of age, except that the 25 department may petition for and the court may grant in a hearing 26 (A) two-year extensions of supervision that do not extend 27 beyond the minor's 19th birthday if the extension is in the best interests of the 28 minor and the public; and 29 (B) an additional one-year period of supervision past age 19 if 30 the continued supervision is in the best interests of the person and the person 31 consents to it;
01 (3) order the minor committed to the custody of the department and 02 placed on probation, to be supervised by the department and released to the minor's 03 parents, guardian, other suitable person, or suitable nondetention setting such as with a 04 relative or in a foster home or residential child care facility, whichever the department 05 considers appropriate to implement the treatment plan of the predisposition report; if 06 the court orders the minor placed on probation, it may specify the terms and conditions 07 of probation; the department may transfer the minor, in the minor's best interests, from 08 one of the probationary placement settings listed in this paragraph to another, and the 09 minor, the minor's parents or guardian, the minor's foster parent, and the minor's 10 attorney are entitled to reasonable notice of the transfer; the probation may be for a 11 period of time not to exceed two years and in no event to extend past the day the 12 minor becomes 19 years of age, except that the department may petition for and the 13 court may grant in a hearing 14 (A) two-year extensions of commitment that do not extend 15 beyond the minor's 19th birthday if the extension is in the best interests of the 16 minor and the public; and 17 (B) an additional one-year period of supervision past age 19 if 18 the continued supervision is in the best interests of the person and the person 19 consents to it; 20 (4) order the minor and the minor's parent to make suitable restitution 21 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 22 under this paragraph, 23 (A) except as provided in (B) of this paragraph, the court may 24 not refuse to make an order of restitution to benefit the victim of the act of the 25 minor that is the basis of the delinquency adjudication; under this 26 subparagraph, the court may require the minor to use the services of a 27 community dispute resolution center that has been recognized by the 28 commissioner under AS 47.12.450(b) to resolve any dispute between the minor 29 and the victim of the minor's offense as to the amount of or manner of payment 30 of the restitution; 31 (B) the court may not order payment of restitution by the parent
01 of a minor who is a runaway or missing minor for an act of the minor that was 02 committed by the minor after the parent has made a report to a law 03 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 04 away or is missing; for purposes of this subparagraph, "runaway or missing 05 minor" means a minor who a parent reasonably believes is absent from the 06 minor's residence for the purpose of evading the parent or who is otherwise 07 missing from the minor's usual place of abode without the consent of the 08 parent; and 09 (C) at the request of the department, the Department of Law, 10 the victims' advocate, or on its own motion, the court shall, at any time, order 11 the minor and the minor's parent, if applicable, to submit financial information 12 on a form approved by the Alaska Court System to the court, the department, 13 and the Department of Law for the purpose of establishing the amount of 14 restitution or enforcing an order of restitution under AS 47.12.170; the form 15 must include a warning that submission of incomplete or inaccurate 16 information is punishable as unsworn falsification under AS 11.56.210; 17 (5) order the minor committed to the department for placement in an 18 adventure-based education program established under AS 47.21.020 with conditions 19 the court considers appropriate concerning release upon satisfactory completion of the 20 program or commitment under (1) of this subsection if the program is not satisfactorily 21 completed; 22 (6) in addition to an order under (1) - (5) of this subsection, order the 23 minor to perform community service; for purposes of this paragraph, "community 24 service" includes work 25 (A) on a project identified in AS 33.30.901; or 26 (B) that, on the recommendation of the city council or 27 traditional village council, would benefit persons within the city or village who 28 are elderly or disabled; or 29 (7) in addition to an order under (1) - (6) of this subsection, order the 30 minor's parent or guardian to comply with orders made under AS 47.12.155, including 31 participation in treatment under AS 47.12.155(b)(1);
01 (8) in addition to an order under (1) - (5) and (7) of this subsection, 02 if the court finds by clear and convincing evidence that the minor knowingly 03 directed the conduct constituting a delinquent act at a victim because of that 04 person's actual or perceived race, sex, color, creed, physical or mental disability, 05 sexual orientation, ancestry, or national origin, 06 (A) order the minor to perform a minimum of 100 hours of 07 community work service; and 08 (B) carefully assess the plan proposed by the department 09 under AS 47.12.130 to ensure that the plan adequately provides the minor 10 and the minor's parents or guardian with the opportunity to develop 11 respect for the ethnic, cultural, and personal diversity of all persons of the 12 state. 13 * Sec. 15. AS 47.12 is amended by adding a new section to article 5 to read: 14 Sec. 47.12.970. Diversity tolerance program. The department shall develop 15 and implement, or designate, in cooperation with other state, local, tribal, and 16 nonprofit public service agencies, a diversity tolerance program that provides 17 resources for developing respect for ethnic, cultural, and personal diversity, and that is 18 designed for persons under 18 years of age who have been referred to the program 19 under this chapter in connection with conduct by a minor that is motivated by a 20 person's actual or perceived race, sex, color, creed, physical or mental disability, 21 sexual orientation, ancestry, or national origin. 22 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. This Act applies to offenses or acts committed on or after the 25 effective date of this Act. 26 * Sec. 17. This Act takes effect immediately under AS 01.10.070(c).