00                      CS FOR HOUSE BILL NO. 408(JUD)                                                                    
01 "An Act relating to misconduct involving weapons."                                                                      
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 11.61.200(b) is amended to read:                                                                   
04            (b)  The provisions of [IT IS AN AFFIRMATIVE DEFENSE TO A                                                
05       PROSECUTION]                                                                                                      
06                 (1)  [UNDER] (a)(1) of this section do not apply to a person if                                     
07       [THAT]                                                                                                            
08                      (A)  the person convicted of the prior offense on which the                                        
09            action is based received a pardon for that conviction;                                                       
10                      (B)  the underlying conviction upon which the action is based                                      
11            has been set aside under AS 12.55.085 or as a result of post-conviction                                      
12            proceedings; or                                                                                              
13                      (C)  a period of 10 years or more has elapsed between the date                                     
14            of the person's unconditional discharge on the prior offense or adjudication of                              
15            juvenile delinquency and the date of the violation of (a)(1) of this section, and                            

01            the prior conviction or adjudication of juvenile delinquency did not result from                             
02            a violation of AS 11.41 or of a similar law of the United States or of another                               
03            state or territory;                                                                                          
04                 (2)  [UNDER] (a)(2) or (10) of this section do not apply to a person if                             
05       [THAT]                                                                                                            
06                      (A)  the person convicted of the prior offense on which the                                        
07            action is based received a pardon for that conviction;                                                       
08                      (B)  the underlying conviction upon which the action is based                                      
09            has been set aside under AS 12.55.085 or as a result of post-conviction                                      
10            proceedings; or                                                                                              
11                      (C)  a period of 10 years or more has elapsed between the date                                     
12            of the person's unconditional discharge on the prior offense and the date of the                             
13            violation of (a)(2) or (10) of this section, and the prior conviction did not result                         
14            from a violation of AS 11.41 or of a similar law of the United States or of                                  
15            another state or territory.                                                                                  
16    * Sec. 2. AS 11.61.200(a)(12), 11.61.200(f), and 11.61.200(g) are repealed.