00                   CS FOR SENATE BILL NO. 135(JUD)(efd am)                                                              
01 "An Act relating to the crimes of assault and custodial interference; and providing for                                 
02 an effective date."                                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 11.41.220(a) is amended to read:                                                                  
05            (a)  A person commits the crime of assault in the third degree if that person                                
06                 (1)  recklessly                                                                                         
07                      (A)  places another person in fear of imminent serious physical                                    
08            injury by means of a dangerous instrument;                                                                   
09                      (B)  causes physical injury to another person by means of a                                        
10            dangerous instrument; or                                                                                     
11                      (C)  while being 18 years of age or older                                                          
12                           (i)  causes physical injury to a child under 10 years of                                      
13                 age and the injury would cause a reasonable caregiver to seek                                       
14                 medical attention from a health care professional in the form of                                    

01                 diagnosis or treatment [REASONABLY REQUIRES MEDICAL                                                 
02                 TREATMENT];                                                                                             
03                           (ii)  causes physical injury to a child under 10 years of                                     
04                 age on more than one occasion;                                                                          
05                 (2)  with intent to place another person in fear of death or serious                                    
06       physical injury to the person or the person's family member makes repeated threats to                             
07       cause death or serious physical injury to another person;                                                         
08                 (3)  while being 18 years of age or older, knowingly causes physical                                    
09       injury to a child under 16 years of age but at least 10 years of age and the injury                               
10       reasonably requires medical treatment; or                                                                         
11                 (4)  with criminal negligence causes serious physical injury under                                      
12       AS 11.81.900(b)(55)(B) to another person by means of a dangerous instrument.                                      
13    * Sec. 2.  AS 11.41.330 is amended by adding a new subsection to read:                                             
14            (c)  The affirmative defense of necessity under AS 11.81.320 does not apply to                               
15       a prosecution for custodial interference under (a) of this section if the protracted                              
16       period for which the person held the child or incompetent person exceeded the shorter                             
17       of the following:                                                                                                 
18                 (1)  24 hours; or                                                                                       
19                 (2)  the time necessary to report to a peace officer or social service                                  
20       agency that the child or incompetent person has been abused, neglected, or is in                                  
21       imminent physical danger.                                                                                         
22    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).