HB 218: "An Act relating to the aggravating factor at felony sentencing of multiple prior misdemeanors when a prior misdemeanor involves an assault on a correctional employee."
00 HOUSE BILL NO. 218 01 "An Act relating to the aggravating factor at felony sentencing of multiple prior 02 misdemeanors when a prior misdemeanor involves an assault on a correctional 03 employee." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.55.155(c) is amended to read: 06 (c) The following factors shall be considered by the sentencing court if proven 07 in accordance with this section, and may allow imposition of a sentence above the 08 presumptive range set out in AS 12.55.125: 09 (1) a person, other than an accomplice, sustained physical injury as a 10 direct result of the defendant's conduct; 11 (2) the defendant's conduct during the commission of the offense 12 manifested deliberate cruelty to another person; 13 (3) the defendant was the leader of a group of three or more persons 14 who participated in the offense;
01 (4) the defendant employed a dangerous instrument in furtherance of 02 the offense; 03 (5) the defendant knew or reasonably should have known that the 04 victim of the offense was particularly vulnerable or incapable of resistance due to 05 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 06 extreme youth or was for any other reason substantially incapable of exercising 07 normal physical or mental powers of resistance; 08 (6) the defendant's conduct created a risk of imminent physical injury 09 to three or more persons, other than accomplices; 10 (7) a prior felony conviction considered for the purpose of invoking a 11 presumptive range under this chapter was of a more serious class of offense than the 12 present offense; 13 (8) the defendant's prior criminal history includes conduct involving 14 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 15 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 16 combination of assaultive behavior and cruelty to animals proscribed under 17 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 18 means assault that is a felony under AS 11.41, or a similar provision in another 19 jurisdiction; 20 (9) the defendant knew that the offense involved more than one victim; 21 (10) the conduct constituting the offense was among the most serious 22 conduct included in the definition of the offense; 23 (11) the defendant committed the offense under an agreement that the 24 defendant either pay or be paid for the commission of the offense, and the pecuniary 25 incentive was beyond that inherent in the offense itself; 26 (12) the defendant was on release under AS 12.30 for another felony 27 charge or conviction or for a misdemeanor charge or conviction having assault as a 28 necessary element; 29 (13) the defendant knowingly directed the conduct constituting the 30 offense at an active officer of the court or at an active or former judicial officer, 31 prosecuting attorney, law enforcement officer, correctional employee, firefighter,
01 emergency medical technician, paramedic, ambulance attendant, or other emergency 02 responder during or because of the exercise of official duties; 03 (14) the defendant was a member of an organized group of five or 04 more persons, and the offense was committed to further the criminal objectives of the 05 group; 06 (15) the defendant has three or more prior felony convictions; 07 (16) the defendant's criminal conduct was designed to obtain 08 substantial pecuniary gain and the risk of prosecution and punishment for the conduct 09 is slight; 10 (17) the offense was one of a continuing series of criminal offenses 11 committed in furtherance of illegal business activities from which the defendant 12 derives a major portion of the defendant's income; 13 (18) the offense was a felony 14 (A) specified in AS 11.41 and was committed against a spouse, 15 a former spouse, or a member of the social unit made up of those living 16 together in the same dwelling as the defendant; 17 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 18 has engaged in the same or other conduct prohibited by a provision of 19 AS 11.41.410 - 11.41.460 involving the same or another victim; 20 (C) specified in AS 11.41 that is a crime involving domestic 21 violence and was committed in the physical presence or hearing of a child 22 under 16 years of age who was, at the time of the offense, living within the 23 residence of the victim, the residence of the perpetrator, or the residence where 24 the crime involving domestic violence occurred; 25 (D) specified in AS 11.41 and was committed against a person 26 with whom the defendant has a dating relationship or with whom the defendant 27 has engaged in a sexual relationship; or 28 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 29 the defendant was 10 or more years older than the victim; 30 (19) the defendant's prior criminal history includes an adjudication as a 31 delinquent for conduct that would have been a felony if committed by an adult;
01 (20) the defendant was on furlough under AS 33.30 or on parole or 02 probation for another felony charge or conviction that would be considered a prior 03 felony conviction under AS 12.55.145(a)(1)(B); 04 (21) the defendant has a criminal history of repeated instances of 05 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 06 similar in nature to the offense for which the defendant is being sentenced under this 07 section; 08 (22) the defendant knowingly directed the conduct constituting the 09 offense at a victim because of that person's race, sex, color, creed, physical or mental 10 disability, ancestry, or national origin; 11 (23) the defendant is convicted of an offense specified in AS 11.71 and 12 (A) the offense involved the delivery of a controlled substance 13 under circumstances manifesting an intent to distribute the substance as part of 14 a commercial enterprise; or 15 (B) at the time of the conduct resulting in the conviction, the 16 defendant was caring for or assisting in the care of a child under 10 years of 17 age; 18 (24) the defendant is convicted of an offense specified in AS 11.71 and 19 the offense involved the transportation of controlled substances into the state; 20 (25) the defendant is convicted of an offense specified in AS 11.71 and 21 the offense involved large quantities of a controlled substance; 22 (26) the defendant is convicted of an offense specified in AS 11.71 and 23 the offense involved the distribution of a controlled substance that had been 24 adulterated with a toxic substance; 25 (27) the defendant, being 18 years of age or older, 26 (A) is legally accountable under AS 11.16.110(2) for the 27 conduct of a person who, at the time the offense was committed, was under 18 28 years of age and at least three years younger than the defendant; or 29 (B) is aided or abetted in planning or committing the offense by 30 a person who, at the time the offense was committed, was under 18 years of 31 age and at least three years younger than the defendant;
01 (28) the victim of the offense is a person who provided testimony or 02 evidence related to a prior offense committed by the defendant; 03 (29) the defendant committed the offense for the benefit of, at the 04 direction of, or in association with a criminal street gang; 05 (30) the defendant is convicted of an offense specified in AS 11.41.410 06 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 07 the victim in furtherance of the offense with the intent to make the victim 08 incapacitated; in this paragraph, "incapacitated" has the meaning given in 09 AS 11.41.470; 10 (31) the defendant's prior criminal history includes convictions for five 11 or more crimes in this or another jurisdiction that are class A misdemeanors under the 12 law of this state, or having elements similar to a class A misdemeanor; two or more 13 convictions arising out of a single continuous episode are considered a single 14 conviction; however, an offense is not a part of a continuous episode if committed 15 while attempting to escape or resist arrest or if it is an assault on [UPON] a uniformed 16 or otherwise clearly identified peace officer or correctional employee; notice and 17 denial of convictions are governed by AS 12.55.145(b), (c), and (d); 18 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 19 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 20 in the administrative offices of a school district if students are educated at that office; 21 in this paragraph, 22 (A) "school bus" has the meaning given in AS 11.71.900; 23 (B) "school district" has the meaning given in AS 47.07.063; 24 (C) "school grounds" has the meaning given in AS 11.71.900; 25 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 26 the defendant had been previously diagnosed as having or having tested positive for 27 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 28 victim to a risk or a fear that the offense could result in the transmission of HIV or 29 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 30 AS 18.15.310; 31 (34) the defendant committed the offense on, or to affect persons or
01 property on, the premises of a recognized shelter or facility providing services to 02 victims of domestic violence or sexual assault; 03 (35) the defendant knowingly directed the conduct constituting the 04 offense at a victim because that person was 65 years of age or older.