CSSB 66(JUD): "An Act relating to imitation controlled substances; and providing for an effective date."
00 CS FOR SENATE BILL NO. 66(JUD) 01 "An Act relating to imitation controlled substances; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.73.010(b) is amended to read: 05 (b) Except as provided in AS 11.73.030, a person who violates this section 06 commits a 07 (1) class A misdemeanor; or 08 (2) class C felony if, within the preceding 10 years, the person has 09 been convicted two or more times of a crime under AS 11.71 or this chapter, or a 10 law or ordinance of another jurisdiction with elements similar to a crime under 11 AS 11.71 or this chapter. 12 * Sec. 2. AS 11.73.030(b) is amended to read: 13 (b) A person who violates this section commits a 14 (1) class C felony; or
01 (2) class B felony if, within the preceding 10 years, the person has 02 been convicted two or more times of a crime under AS 11.71 or this chapter, or a 03 law or ordinance of another jurisdiction with elements similar to a crime under 04 AS 11.71 or this chapter. 05 * Sec. 3. AS 11.73.040(b) is amended to read: 06 (b) A person who violates this section commits a 07 (1) class A misdemeanor; or 08 (2) class C felony if, within the preceding 10 years, the person has 09 been convicted two or more times of a crime under AS 11.71 or this chapter, or a 10 law or ordinance of another jurisdiction with elements similar to a crime under 11 AS 11.71 or this chapter. 12 * Sec. 4. AS 11.73.099(3) is amended to read: 13 (3) "imitation controlled substance" means a substance 14 [CONTAINING EPHEDRINE, EPHEDRINE SULFATE, PSEUDOEPHEDRINE, 15 PSEUDOEPHEDRINE HYDROCHLORIDE, PHENYLPROPANOLAMINE, 16 CAFFEINE, THEOPHYLLINE, LIDOCAINE, PROCAINE, TETRACAINE, 17 DYCLONINE, ACETAMINOPHEN, SALICYLAMIDE, DOXYLAMINE, 18 DIPHENHYDRAMINE, PHENIRAMINE, CHLORPHENIRAMINE, OR 19 PYRILAMINE, OR THEIR SALTS,] that is not a controlled substance [,] and that, by 20 dosage unit appearance (including color, shape, size, and markings) and by 21 representations, would lead a reasonable person to believe that the substance is a 22 controlled substance; the term "representations," ["REPRESENTATIONS",] as used 23 in this paragraph, includes 24 (A) statements made by an owner or by anyone else in control 25 of the substance concerning the nature of the substance [,] or its use or effect; 26 (B) statements made to the recipient that the substance may be 27 resold for inordinate profit; 28 (C) whether the substance is packaged in a manner normally 29 used for controlled substances; 30 (D) evasive tactics or actions used by the owner or person in 31 control of the substance to avoid detection by law enforcement authorities;
01 (E) the storage, packaging, presentation, display of, or 02 reference to a controlled substance with, near, or in connection with the 03 activity involving the imitation controlled substance; 04 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. This Act applies to offenses committed on or after the effective 07 date of this Act. References to previous convictions in AS 11.73.010, 11.73.030, and 08 11.73.040, as amended by secs. 1 - 3 of this Act, include convictions occurring before, on, or 09 after the effective date of this Act. 10 * Sec. 6. AS 11.73.020 is repealed. 11 * Sec. 7. This Act takes effect July 1, 2014.