HB 313: "An Act relating to mitigation at sentencing in a criminal case for a defendant found by the court to have been affected by combat-related post-traumatic stress disorder or combat-related traumatic brain injury."
00 HOUSE BILL NO. 313 01 "An Act relating to mitigation at sentencing in a criminal case for a defendant found by 02 the court to have been affected by combat-related post-traumatic stress disorder or 03 combat-related traumatic brain injury." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.55.155(d) is amended to read: 06 (d) 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 below the 08 presumptive range set out in AS 12.55.125: 09 (1) the offense was principally accomplished by another person, and 10 the defendant manifested extreme caution or sincere concern for the safety or well- 11 being of the victim; 12 (2) the defendant, although an accomplice, played only a minor role in 13 the commission of the offense; 14 (3) the defendant committed the offense under some degree of duress,
01 coercion, threat, or compulsion insufficient to constitute a complete defense, but that 02 significantly affected the defendant's conduct; 03 (4) the conduct of a youthful defendant was substantially influenced by 04 another person more mature than the defendant; 05 (5) the conduct of an aged defendant was substantially a product of 06 physical or mental infirmities resulting from the defendant's age; 07 (6) in a conviction for assault under AS 11.41.200 - 11.41.220, the 08 defendant acted with serious provocation from the victim; 09 (7) except in the case of a crime defined by AS 11.41.410 - 11.41.470, 10 the victim provoked the crime to a significant degree; 11 (8) before the defendant knew that the criminal conduct had been 12 discovered, the defendant fully compensated or made a good faith effort to fully 13 compensate the victim of the defendant's criminal conduct for any damage or injury 14 sustained; 15 (9) the conduct constituting the offense was among the least serious 16 conduct included in the definition of the offense; 17 (10) the defendant was motivated to commit the offense solely by an 18 overwhelming compulsion to provide for emergency necessities for the defendant's 19 immediate family; 20 (11) after commission of the offense for which the defendant is being 21 sentenced, the defendant assisted authorities to detect, apprehend, or prosecute other 22 persons who committed an offense; 23 (12) the facts surrounding the commission of the offense and any 24 previous offenses by the defendant establish that the harm caused by the defendant's 25 conduct is consistently minor and inconsistent with the imposition of a substantial 26 period of imprisonment; 27 (13) the defendant is convicted of an offense specified in AS 11.71 and 28 the offense involved small quantities of a controlled substance; 29 (14) the defendant is convicted of an offense specified in AS 11.71 and 30 the offense involved the distribution of a controlled substance, other than a schedule 31 IA controlled substance, to a personal acquaintance who is 19 years of age or older for
01 no profit; 02 (15) the defendant is convicted of an offense specified in AS 11.71 and 03 the offense involved the possession of a small amount of a controlled substance for 04 personal use in the defendant's home; 05 (16) in a conviction for assault or attempted assault or for homicide or 06 attempted homicide, the defendant acted in response to domestic violence perpetrated 07 by the victim against the defendant and the domestic violence consisted of aggravated 08 or repeated instances of assaultive behavior; 09 (17) except in the case of an offense defined by AS 11.41 or 10 AS 11.46.400, the defendant has been convicted of a class B or C felony, and, at the 11 time of sentencing, has successfully completed a court-ordered treatment program as 12 defined in AS 28.35.028 that was begun after the offense was committed; 13 (18) except in the case of an offense defined under AS 11.41 or 14 AS 11.46.400 or a defendant who has previously been convicted of a felony, the 15 defendant committed the offense while suffering from a mental disease or defect as 16 defined in AS 12.47.130 that was insufficient to constitute a complete defense but that 17 significantly affected the defendant's conduct; 18 (19) the defendant is convicted of an offense under AS 11.71, and the 19 defendant sought medical assistance for another person who was experiencing a drug 20 overdose contemporaneously with the commission of the offense; 21 (20) except in the case of an offense defined under AS 11.41 or 22 AS 11.46.400, the defendant committed the offense while suffering from a condition 23 diagnosed as a fetal alcohol spectrum disorder, the fetal alcohol spectrum disorder 24 substantially impaired the defendant's judgment, behavior, capacity to recognize 25 reality, or ability to cope with the ordinary demands of life, and the fetal alcohol 26 spectrum disorder, though insufficient to constitute a complete defense, significantly 27 affected the defendant's conduct; in this paragraph, "fetal alcohol spectrum disorder" 28 means a condition of impaired brain function in the range of permanent birth defects 29 caused by maternal consumption of alcohol during pregnancy; 30 (21) except in the case of an offense defined under AS 11.41 or 31 AS 11.46.400, the defendant committed the offense while suffering from a
01 condition diagnosed as combat-related post-traumatic stress disorder or combat- 02 related traumatic brain injury, the combat-related post-traumatic stress disorder 03 or combat-related traumatic brain injury substantially impaired the defendant's 04 judgment, behavior, capacity to recognize reality, or ability to cope with the 05 ordinary demands of life, and the combat-related post-traumatic stress disorder 06 or combat-related traumatic brain injury, though insufficient to constitute a 07 complete defense, significantly affected the defendant's conduct; in this 08 paragraph, "combat-related post-traumatic stress disorder or combat-related 09 traumatic brain injury" means post-traumatic stress disorder or traumatic brain 10 injury resulting from combat with an enemy of the United States in the line of 11 duty while on active duty as a member of the armed forces of the United States.