SB 147: "An Act relating to misconduct involving a controlled substance in the second degree; and providing for an effective date."
00 SENATE BILL NO. 147 01 "An Act relating to misconduct involving a controlled substance in the second degree; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41.110(a) is amended to read: 05 (a) A person commits the crime of murder in the second degree if 06 (1) with intent to cause serious physical injury to another person or 07 knowing that the conduct is substantially certain to cause death or serious physical 08 injury to another person, the person causes the death of any person; 09 (2) the person knowingly engages in conduct that results in the death of 10 another person under circumstances manifesting an extreme indifference to the value 11 of human life; 12 (3) under circumstances not amounting to murder in the first degree 13 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 14 person commits or attempts to commit arson in the first degree, kidnapping, sexual
01 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 02 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 03 degree, escape in the first or second degree, robbery in any degree, or misconduct 04 involving a controlled substance under AS 11.71.010(a), 11.71.025, 11.71.030(a)(1), 05 (2), or (4)-(8), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that 06 crime or in immediate flight from that crime, any person causes the death of a person 07 other than one of the participants; 08 (4) acting with a criminal street gang, the person commits or attempts 09 to commit a crime that is a felony and, in the course of or in furtherance of that crime 10 or in immediate flight from that crime, any person causes the death of a person other 11 than one of the participants; or 12 (5) the person with criminal negligence causes the death of a child 13 under the age of 16, and the person has been previously convicted of a crime involving 14 a child under the age of 16 that was 15 (A) a felony violation of AS 11.41; 16 (B) in violation of a law or ordinance in another jurisdiction 17 with elements similar to a felony under AS 11.41; or 18 (C) an attempt, a solicitation, or a conspiracy to commit a crime 19 listed in (A) or (B) of this paragraph. 20 (b) Murder in the second degree is an unclassified felony and is punishable as 21 provided in AS 12.55. 22 * Sec. 2. AS 11.41.150(a) is amended to read: 23 (a) A person commits the crime of murder of an unborn child if the person 24 (1) with intent to cause the death of an unborn child or of another 25 person, causes the death of an unborn child; 26 (2) with intent to cause serious physical injury to an unborn child or to 27 another person or knowing that the conduct is substantially certain to cause death or 28 serious physical injury to an unborn child or to another person, causes the death of an 29 unborn child; 30 (3) while acting alone or with one or more persons, commits or 31 attempts to commit arson in the first degree, kidnapping, sexual assault in the first
01 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 02 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 03 first or second degree, robbery in any degree, or misconduct involving a controlled 04 substance under AS 11.71.010(a), 11.71.025, 11.71.030(a)(1), (2), or (4)-(8), or 05 11.71.040(a)(1) or (2), and, in the course of or in furtherance of that crime or in 06 immediate flight from that crime, any person causes the death of an unborn child; 07 (4) knowingly engages in conduct that results in the death of an unborn 08 child under circumstances manifesting an extreme indifference to the value of human 09 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 10 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 11 does not constitute conduct manifesting an extreme indifference to the value of human 12 life. 13 * Sec. 3. AS 11.71 is amended by adding a new section to read: 14 Sec. 11.71.025. Misconduct involving a controlled substance in the second 15 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 16 misconduct involving a controlled substance in the second degree if the person 17 manufactures or delivers, or possesses with intent to manufacture or deliver, 18 (1) one or more preparations, compounds, mixtures, or substances of 19 an aggregate weight of 25 grams or more containing a schedule IA controlled 20 substance; 21 (2) 50 or more tablets, ampules, or syrettes containing a schedule IA 22 controlled substance; 23 (3) one or more preparations, compounds, mixtures, or substances of 24 an aggregate weight of 50 grams or more containing a schedule IIA or IIIA controlled 25 substance; or 26 (4) 100 or more tablets, ampules, or syrettes containing a schedule IIA 27 or IIIA controlled substance. 28 (b) Misconduct involving a controlled substance in the second degree is a 29 class A felony. 30 * Sec. 4. AS 11.71.030(a) is amended to read: 31 (a) Except as authorized in AS 17.30, a person commits the crime of
01 misconduct involving a controlled substance in the third [SECOND] degree if the 02 person 03 (1) manufactures or delivers, or possesses with intent to manufacture 04 or deliver, 05 (A) one or more preparations, compounds, mixtures, or 06 substances of an aggregate weight of one gram or more containing a schedule 07 IA controlled substance; 08 (B) 25 or more tablets, ampules, or syrettes containing a 09 schedule IA controlled substance; 10 (C) one or more preparations, compounds, mixtures, or 11 substances of an aggregate weight of 2.5 grams or more containing a schedule 12 IIA or IIIA controlled substance; or 13 (D) 50 or more tablets, ampules, or syrettes containing a 14 schedule IIA or IIIA controlled substance; 15 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 16 substance to a person under 19 years of age who is at least three years younger than 17 the person delivering the substance; 18 (3) possesses any amount of a schedule IA or IIA controlled substance 19 (A) with reckless disregard that the possession occurs 20 (i) on or within 500 feet of school grounds; or 21 (ii) at or within 500 feet of a recreation or youth center; 22 or 23 (B) on a school bus; 24 (4) manufactures any material, compound, mixture, or preparation that 25 contains 26 (A) methamphetamine, or its salts, isomers, or salts of isomers; 27 or 28 (B) an immediate precursor of methamphetamine, or its salts, 29 isomers, or salts of isomers; 30 (5) possesses an immediate precursor of methamphetamine, or the 31 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,
01 with the intent to manufacture any material, compound, mixture, or preparation that 02 contains methamphetamine, or its salts, isomers, or salts of isomers; 03 (6) possesses a listed chemical with intent to manufacture any material, 04 compound, mixture, or preparation that contains 05 (A) methamphetamine, or its salts, isomers, or salts of isomers; 06 or 07 (B) an immediate precursor of methamphetamine, or its salts, 08 isomers, or salts of isomers; 09 (7) possesses methamphetamine in an organic solution with intent to 10 extract from it methamphetamine or its salts, isomers, or salts of isomers; or 11 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 12 delivers 13 (A) an immediate precursor of methamphetamine, or the salts, 14 isomers, or salts of isomers of the immediate precursor of methamphetamine, 15 to another person with reckless disregard that the precursor will be used to 16 manufacture any material, compound, mixture, or preparation that contains 17 methamphetamine, or its salts, isomers, or salts of isomers; or 18 (B) a listed chemical to another person with reckless disregard 19 that the listed chemical will be used to manufacture any material, compound, 20 mixture, or preparation that contains 21 (i) methamphetamine, or its salts, isomers, or salts of 22 isomers; 23 (ii) an immediate precursor of methamphetamine, or its 24 salts, isomers, or salts of isomers; or 25 (iii) methamphetamine or its salts, isomers, or salts of 26 isomers in an organic solution. 27 * Sec. 5. AS 11.71.030(d) is amended to read: 28 (d) Misconduct involving a controlled substance in the third [SECOND] 29 degree is a class B felony. 30 * Sec. 6. AS 11.71.040(a) is amended to read: 31 (a) Except as authorized in AS 17.30, a person commits the crime of
01 misconduct involving a controlled substance in the fourth [THIRD] degree if the 02 person 03 (1) manufactures or delivers any amount of a schedule IVA or VA 04 controlled substance or possesses any amount of a schedule IVA or VA controlled 05 substance with intent to manufacture or deliver; 06 (2) manufactures or delivers, or possesses with the intent to 07 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 08 of an aggregate weight of one ounce or more containing a schedule VIA controlled 09 substance; 10 (3) possesses any amount of a schedule IA controlled substance listed 11 in AS 11.71.140(e); 12 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 13 (A) with reckless disregard that the possession occurs 14 (i) on or within 500 feet of school grounds; or 15 (ii) at or within 500 feet of a recreation or youth center; 16 or 17 (B) on a school bus; 18 (5) knowingly keeps or maintains any store, shop, warehouse, 19 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 20 keeping or distributing controlled substances in violation of a felony offense under this 21 chapter or AS 17.30; 22 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 23 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 24 mark, imprint, or device of another or any likeness of any of these on a drug, drug 25 container, or labeling so as to render the drug a counterfeit substance; 26 (7) knowingly uses in the course of the manufacture or distribution of a 27 controlled substance a registration number that is fictitious, revoked, suspended, or 28 issued to another person; 29 (8) knowingly furnishes false or fraudulent information in or omits 30 material information from any application, report, record, or other document required 31 to be kept or filed under AS 17.30;
01 (9) obtains possession of a controlled substance by misrepresentation, 02 fraud, forgery, deception, or subterfuge; 03 (10) affixes a false or forged label to a package or other container 04 containing any controlled substance; or 05 (11) manufactures or delivers, or possesses with the intent to 06 manufacture or deliver, 07 (A) one or more preparations, compounds, mixtures, or 08 substances of an aggregate weight of less than one gram containing a schedule 09 IA controlled substance; 10 (B) less than 25 tablets, ampules, or syrettes containing a 11 schedule IA controlled substance; 12 (C) one or more preparations, compounds, mixtures, or 13 substances of an aggregate weight of less than 2.5 grams containing a schedule 14 IIA or IIIA controlled substance; or 15 (D) less than 50 tablets, ampules, or syrettes containing a 16 schedule IIA or IIIA controlled substance. 17 * Sec. 7. AS 11.71.040(d) is amended to read: 18 (d) Misconduct involving a controlled substance in the fourth [THIRD] 19 degree is a class C felony. 20 * Sec. 8. AS 11.71.050(a) is amended to read: 21 (a) Except as authorized in AS 17.30, a person commits the crime of 22 misconduct involving a controlled substance in the fifth [FOURTH] degree if the 23 person 24 (1) manufactures or delivers, or possesses with the intent to 25 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 26 of an aggregate weight of less than one ounce containing a schedule VIA controlled 27 substance; 28 (2) [REPEALED] 29 (3) fails to make, keep, or furnish any record, notification, order form, 30 statement, invoice, or information required under AS 17.30; or 31 (4) under circumstances not proscribed under AS 11.71.040(a)(3) or
01 11.71.060(a)(2)(B), possesses any amount of a schedule IA, IIA, IIIA, IVA, VA, or 02 VIA controlled substance. 03 * Sec. 9. AS 11.71.050(b) is amended to read: 04 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 05 degree is a class A misdemeanor. 06 * Sec. 10. AS 11.71.060(a) is amended to read: 07 (a) Except as authorized in AS 17.30, a person commits the crime of 08 misconduct involving a controlled substance in the sixth [FIFTH] degree if the person 09 (1) uses or displays any amount of a schedule VIA controlled 10 substance; 11 (2) possesses one or more preparations, compounds, mixtures, or 12 substances of an aggregate weight of 13 (A) less than one ounce containing a schedule VIA controlled 14 substance; 15 (B) six grams or less containing a schedule IIIA controlled 16 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 17 otherwise applied to tobacco, an herb, or another organic material; or 18 (3) refuses entry into a premise for an inspection authorized under 19 AS 17.30. 20 * Sec. 11. AS 11.71.060(b) is amended to read: 21 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 22 is a class B misdemeanor. 23 * Sec. 12. AS 12.55.135(n) is amended to read: 24 (n) A court sentencing a person convicted of misconduct involving a 25 controlled substance in the fifth [FOURTH] degree under AS 11.71.050(a)(4) or 26 misconduct involving a controlled substance in the sixth [FIFTH] degree under 27 AS 11.71.060(a)(2) may not impose 28 (1) a sentence of active imprisonment, unless the person has previously 29 been convicted more than once of an offense under AS 11.71 or a law of this or 30 another jurisdiction with elements substantially similar to an offense under AS 11.71; 31 or
01 (2) a sentence of suspended imprisonment greater than 02 (A) 30 days, if the defendant has not been previously convicted 03 of an offense under AS 11.71 or a law of this or another jurisdiction with 04 elements substantially similar to an offense under AS 11.71; or 05 (B) 180 days, if the person has been previously convicted of an 06 offense under AS 11.71 or a law of this or another jurisdiction with elements 07 substantially similar to an offense under AS 11.71. 08 * Sec. 13. AS 34.03.360(7) is amended to read: 09 (7) "illegal activity involving a controlled substance" means a violation 10 of AS 11.71.010(a), 11.71.025, 11.71.030(a)(1), (2), or (4) - (8), or 11.71.040(a)(1), 11 (2), or (5); 12 * Sec. 14. AS 47.12.315(a) is amended to read: 13 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 14 section, the department shall disclose information to the public, on request, concerning 15 a minor subject to this chapter who was at least 13 years of age at the time of 16 commission of 17 (1) a felony offense against a person under AS 11.41; 18 (2) arson in the first or second degree; 19 (3) burglary in the first degree; 20 (4) distribution of child pornography; 21 (5) sex trafficking in the first degree; 22 (6) misconduct involving a controlled substance in the first, [OR] 23 second, or third degrees involving distribution or possession with intent to deliver; or 24 (7) misconduct involving weapons in the first through fourth degrees. 25 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. This Act applies to offenses committed on or after the effective 28 date of this Act. 29 * Sec. 16. This Act is effective July 1, 2018.