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HB 312: "An Act relating to arrest without a warrant for assault in the fourth degree at a health care facility; and relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility."

00                             HOUSE BILL NO. 312                                                                          
01 "An Act relating to arrest without a warrant for assault in the fourth degree at a health                               
02 care facility; and relating to an aggravating factor at sentencing for a felony offense                                 
03 against a medical professional at a health care facility."                                                              
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 12.25.030(b) is amended to read:                                                                   
06            (b)  In addition to the authority granted by (a) of this section, a peace officer                            
07                 (1)  shall make an arrest under the circumstances described in                                          
08       AS 18.65.530;                                                                                                     
09                 (2)  without a warrant may arrest a person if the officer has probable                                  
10       cause to believe the person has, either in or outside the presence of the officer,                                
11                      (A)  committed a crime involving domestic violence, whether                                        
12            the crime is a felony or a misdemeanor; in this subparagraph, "crime involving                               
13            domestic violence" has the meaning given in AS 18.66.990;                                                    
14                      (B)  committed the crime of violating a protective order in                                        
01            violation of AS 11.56.740; or                                                                                
02                      (C)  violated a condition of release imposed under                                                 
03            AS 12.30.016(e) or 12.30.027;                                                                                
04                 (3)  without a warrant may arrest a person when the peace officer has                                   
05       probable cause for believing that the person has                                                                  
06                      (A)  committed a crime under or violated conditions imposed as                                     
07            part of the person's release before trial on misdemeanor charges brought under                               
08            AS 11.41.270;                                                                                                
09                      (B)  violated AS 04.16.050 or an ordinance with similar                                            
10 elements; however, unless there is a lawful reason for further detention, a                                             
11 person who is under 18 years of age and who has been arrested for violating                                             
12 AS 04.16.050 or an ordinance with similar elements shall be cited for the                                               
13            offense and released to the person's parent, guardian, or legal custodian; [OR]                              
14 (C)  violated conditions imposed as part of the person's release                                                        
15            under the provisions of AS 12.30; or                                                                     
16 (D)  violated AS 11.41.230 at a health care facility, and the                                                       
17            person                                                                                                   
18 (i)  was not seeking medical treatment at the facility;                                                             
19                 or                                                                                                  
20                           (ii) was stable for discharge.                                                          
21    * Sec. 2. AS 12.25.030 is amended by adding a new subsection to read:                                              
22 (e)  In this section, "health care facility" has the meaning given in                                                   
23       AS 18.07.111.                                                                                                     
24    * Sec. 3. AS 12.55.155(c) is amended to read:                                                                      
25 (c)  The following factors shall be considered by the sentencing court if proven                                        
26 in accordance with this section, and may allow imposition of a sentence above the                                       
27       presumptive range set out in AS 12.55.125:                                                                        
28 (1)  a person, other than an accomplice, sustained physical injury as a                                                 
29       direct result of the defendant's conduct;                                                                         
30 (2)  the defendant's conduct during the commission of the offense                                                       
31       manifested deliberate cruelty to another person;                                                                  
01                 (3)  the defendant was the leader of a group of three or more persons                                   
02       who participated in the offense;                                                                                  
03                 (4)  the defendant employed a dangerous instrument in furtherance of                                    
04       the offense;                                                                                                      
05 (5)  the defendant knew or reasonably should have known that the                                                        
06 victim of the offense was particularly vulnerable or incapable of resistance due to                                     
07 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or                                 
08 extreme youth or was for any other reason substantially incapable of exercising                                         
09       normal physical or mental powers of resistance;                                                                   
10 (6)  the defendant's conduct created a risk of imminent physical injury                                                 
11       to three or more persons, other than accomplices;                                                                 
12 (7)  a prior felony conviction considered for the purpose of invoking a                                                 
13 presumptive range under this chapter was of a more serious class of offense than the                                    
14       present offense;                                                                                                  
15 (8)  the defendant's prior criminal history includes conduct involving                                                  
16 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated                                     
17 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a                                 
18 combination of assaultive behavior and cruelty to animals proscribed under                                              
19 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior"                                   
20 means assault that is a felony under AS 11.41, or a similar provision in another                                        
21       jurisdiction;                                                                                                     
22 (9)  the defendant knew that the offense involved more than one victim;                                                 
23 (10)  the conduct constituting the offense was among the most serious                                                   
24       conduct included in the definition of the offense;                                                                
25 (11)  the defendant committed the offense under an agreement that the                                                   
26 defendant either pay or be paid for the commission of the offense, and the pecuniary                                    
27       incentive was beyond that inherent in the offense itself;                                                         
28 (12)  the defendant was on release under AS 12.30 for another felony                                                    
29 charge or conviction or for a misdemeanor charge or conviction having assault as a                                      
30       necessary element;                                                                                                
31 (13)  the defendant knowingly directed the conduct constituting the                                                     
01 offense at an active officer of the court or at an active or former judicial officer,                                   
02 prosecuting attorney, law enforcement officer, correctional employee, firefighter,                                      
03 emergency medical technician, paramedic, ambulance attendant, or other emergency                                        
04       responder during or because of the exercise of official duties;                                                 
05                 (14)  the defendant was a member of an organized group of five or                                       
06       more persons, and the offense was committed to further the criminal objectives of the                             
07       group;                                                                                                            
08                 (15)  the defendant has three or more prior felony convictions;                                         
09                 (16)  the defendant's criminal conduct was designed to obtain                                           
10 substantial pecuniary gain and the risk of prosecution and punishment for the conduct                                   
11       is slight;                                                                                                        
12 (17)  the offense was one of a continuing series of criminal offenses                                                   
13 committed in furtherance of illegal business activities from which the defendant                                        
14       derives a major portion of the defendant's income;                                                                
15                 (18)  the offense was a felony                                                                          
16 (A)  specified in AS 11.41 and was committed against a spouse,                                                          
17 a former spouse, or a member of the social unit made up of those living                                                 
18            together in the same dwelling as the defendant;                                                              
19 (B)  specified in AS 11.41.410 - 11.41.458 and the defendant                                                            
20 has engaged in the same or other conduct prohibited by a provision of                                                   
21            AS 11.41.410 - 11.41.460 involving the same or another victim;                                               
22 (C)  specified in AS 11.41 that is a crime involving domestic                                                           
23 violence and was committed in the physical presence or hearing of a child                                               
24 under 16 years of age who was, at the time of the offense, living within the                                            
25 residence of the victim, the residence of the perpetrator, or the residence where                                       
26            the crime involving domestic violence occurred;                                                              
27 (D)  specified in AS 11.41 and was committed against a person                                                           
28 with whom the defendant has a dating relationship or with whom the defendant                                            
29            has engaged in a sexual relationship; or                                                                     
30 (E)  specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and                                                          
31            the defendant was 10 or more years older than the victim;                                                    
01                 (19)  the defendant's prior criminal history includes an adjudication as a                              
02       delinquent for conduct that would have been a felony if committed by an adult;                                    
03                 (20)  the defendant was on furlough under AS 33.30 or on parole or                                      
04       probation for another felony charge or conviction that would be considered a prior                                
05       felony conviction under AS 12.55.145(a)(1)(B);                                                                    
06 (21)  the defendant has a criminal history of repeated instances of                                                     
07 conduct violative of criminal laws, whether punishable as felonies or misdemeanors,                                     
08 similar in nature to the offense for which the defendant is being sentenced under this                                  
09       section;                                                                                                          
10 (22)  the defendant knowingly directed the conduct constituting the                                                     
11 offense at a victim because of that person's race, sex, color, creed, physical or mental                                
12       disability, ancestry, or national origin;                                                                         
13 (23)  the defendant is convicted of an offense specified in AS 11.71 and                                                
14 (A)  the offense involved the delivery of a controlled substance                                                        
15 under circumstances manifesting an intent to distribute the substance as part of                                        
16            a commercial enterprise; or                                                                                  
17 (B)  at the time of the conduct resulting in the conviction, the                                                        
18 defendant was caring for or assisting in the care of a child under 10 years of                                          
19            age;                                                                                                         
20 (24)  the defendant is convicted of an offense specified in AS 11.71 and                                                
21       the offense involved the transportation of controlled substances into the state;                                  
22 (25)  the defendant is convicted of an offense specified in AS 11.71 and                                                
23       the offense involved large quantities of a controlled substance;                                                  
24 (26)  the defendant is convicted of an offense specified in AS 11.71 and                                                
25 the offense involved the distribution of a controlled substance that had been                                           
26       adulterated with a toxic substance;                                                                               
27                 (27)  the defendant, being 18 years of age or older,                                                    
28 (A)  is legally accountable under AS 11.16.110(2) for the                                                               
29 conduct of a person who, at the time the offense was committed, was under 18                                            
30            years of age and at least three years younger than the defendant; or                                         
31 (B)  is aided or abetted in planning or committing the offense by                                                       
01            a person who, at the time the offense was committed, was under 18 years of                                   
02            age and at least three years younger than the defendant;                                                     
03                 (28)  the victim of the offense is a person who provided testimony or                                   
04       evidence related to a prior offense committed by the defendant;                                                   
05                 (29)  the defendant committed the offense for the benefit of, at the                                    
06       direction of, or in association with a criminal street gang;                                                      
07 (30)  the defendant is convicted of an offense specified in AS 11.41.410                                                
08 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to                                  
09 the victim in furtherance of the offense with the intent to make the victim                                             
10 incapacitated; in this paragraph, "incapacitated" has the meaning given in                                              
11       AS 11.41.470;                                                                                                     
12 (31)  the defendant's prior criminal history includes convictions for five                                              
13 or more crimes in this or another jurisdiction that are class A misdemeanors under the                                  
14 law of this state, or having elements similar to a class A misdemeanor; two or more                                     
15 convictions arising out of a single continuous episode are considered a single                                          
16 conviction; however, an offense is not a part of a continuous episode if committed                                      
17 while attempting to escape or resist arrest or if it is an assault on a uniformed or                                    
18 otherwise clearly identified peace officer or correctional employee; notice and denial                                  
19       of convictions are governed by AS 12.55.145(b) - (d);                                                             
20 (32)  the offense is a violation of AS 11.41 or AS 11.46.400 and the                                                    
21 offense occurred on school grounds, on a school bus, at a school-sponsored event, or                                    
22 in the administrative offices of a school district if students are educated at that office;                             
23       in this paragraph,                                                                                                
24                      (A)  "school bus" has the meaning given in AS 11.71.900;                                           
25                      (B)  "school district" has the meaning given in AS 47.07.063;                                      
26                      (C)  "school grounds" has the meaning given in AS 11.71.900;                                       
27 (33)  the offense was a felony specified in AS 11.41.410 - 11.41.455,                                                   
28 the defendant had been previously diagnosed as having or having tested positive for                                     
29 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the                                        
30 victim to a risk or a fear that the offense could result in the transmission of HIV or                                  
31 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in                                                    
01       AS 18.15.310;                                                                                                     
02                 (34)  the defendant committed the offense on, or to affect persons or                                   
03       property on, the premises of a recognized shelter or facility providing services to                               
04       victims of domestic violence or sexual assault;                                                                   
05                 (35)  the defendant knowingly directed the conduct constituting the                                     
06       offense at a victim because that person was 65 years of age or older;                                         
07 (36)  the defendant committed the offense at a health care facility                                                 
08 and knowingly directed the conduct constituting the offense at a medical                                            
09 professional during or because of the medical professional's exercise of                                            
10       professional duties; in this paragraph                                                                        
11                      (A)  "health care facility" has the meaning given in                                           
12            AS 18.07.111;                                                                                            
13                      (B)  "medical professional" has the meaning given in                                           
14            AS 12.55.135(k).                                                                                         
15    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
16 read:                                                                                                                   
17       APPLICABILITY. (a) Section 1 of this Act applies to offenses committed before, on,                                
18 or after the effective date of sec. 1 of this Act for contacts with peace officers occurring on or                      
19 after the effective date of sec. 1 of this Act.                                                                         
20       (b)  Section 3 of this Act applies to offenses committed on or after the effective date of                        
21 sec. 3 of this Act.