CSSB 32(STA): "An Act relating to criminal law and procedure; relating to electronic monitoring; relating to controlled substances; relating to probation; relating to driving while license canceled; relating to arrest; relating to sentencing; relating to sentencing for driving under the influence and refusal; relating to reports of involuntary commitment; amending Rule 6(r)(6), Alaska Rules of Criminal Procedure; and providing for an effective date."
00 CS FOR SENATE BILL NO. 32(STA) 01 "An Act relating to criminal law and procedure; relating to electronic monitoring; 02 relating to controlled substances; relating to probation; relating to driving while license 03 canceled; relating to arrest; relating to sentencing; relating to sentencing for driving 04 under the influence and refusal; relating to reports of involuntary commitment; 05 amending Rule 6(r)(6), Alaska Rules of Criminal Procedure; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 11.41.110(a) is amended to read: 09 (a) A person commits the crime of murder in the second degree if 10 (1) with intent to cause serious physical injury to another person or 11 knowing that the conduct is substantially certain to cause death or serious physical 12 injury to another person, the person causes the death of any person; 13 (2) the person knowingly engages in conduct that results in the death 14 of another person under circumstances manifesting an extreme indifference to the
01 value of human life; 02 (3) under circumstances not amounting to murder in the first degree 03 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 04 person commits or attempts to commit arson in the first degree, kidnapping, sexual 05 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 06 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 07 degree, escape in the first or second degree, robbery in any degree, or misconduct 08 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 09 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2) 10 and, in the course of or in furtherance of that crime or in immediate flight from that 11 crime, any person causes the death of a person other than one of the participants; 12 (4) acting with a criminal street gang, the person commits or attempts 13 to commit a crime that is a felony and, in the course of or in furtherance of that crime 14 or in immediate flight from that crime, any person causes the death of a person other 15 than one of the participants; or 16 (5) the person with criminal negligence causes the death of a child 17 under the age of 16, and the person has been previously convicted of a crime involving 18 a child under the age of 16 that was 19 (A) a felony violation of AS 11.41; 20 (B) in violation of a law or ordinance in another jurisdiction 21 with elements similar to a felony under AS 11.41; or 22 (C) an attempt, a solicitation, or a conspiracy to commit a 23 crime listed in (A) or (B) of this paragraph. 24 * Sec. 2. AS 11.41.150(a) is amended to read: 25 (a) A person commits the crime of murder of an unborn child if the person 26 (1) with intent to cause the death of an unborn child or of another 27 person, causes the death of an unborn child; 28 (2) with intent to cause serious physical injury to an unborn child or to 29 another person or knowing that the conduct is substantially certain to cause death or 30 serious physical injury to an unborn child or to another person, causes the death of an 31 unborn child;
01 (3) while acting alone or with one or more persons, commits or 02 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 03 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 04 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 05 first or second degree, robbery in any degree, or misconduct involving a controlled 06 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) 07 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or 08 in furtherance of that crime or in immediate flight from that crime, any person causes 09 the death of an unborn child; 10 (4) knowingly engages in conduct that results in the death of an unborn 11 child under circumstances manifesting an extreme indifference to the value of human 12 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 13 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 14 does not constitute conduct manifesting an extreme indifference to the value of human 15 life. 16 * Sec. 3. AS 11.46.130(a) is amended to read: 17 (a) A person commits the crime of theft in the second degree if the person 18 commits theft as defined in AS 11.46.100 and 19 (1) the value of the property or services [, ADJUSTED FOR 20 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 21 $25,000; 22 (2) the property is a firearm or explosive; 23 (3) the property is taken from the person of another; 24 (4) the property is taken from a vessel and is vessel safety or survival 25 equipment; 26 (5) the property is taken from an aircraft and the property is aircraft 27 safety or survival equipment; 28 (6) the value of the property [, ADJUSTED FOR INFLATION AS 29 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the 30 preceding five years, the person has been convicted and sentenced on two or more 31 separate occasions in this or another jurisdiction of
01 (A) an offense under AS 11.46.120, or an offense under 02 another law or ordinance with similar elements; 03 (B) a crime set out in this subsection or an offense under 04 another law or ordinance with similar elements; 05 (C) an offense under AS 11.46.140(a)(1), or an offense under 06 another law or ordinance with similar elements; or 07 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 08 offense under another law or ordinance with similar elements; or 09 (7) the property is an access device. 10 * Sec. 4. AS 11.46.140(a) is amended to read: 11 (a) A person commits the crime of theft in the third degree if the person 12 commits theft as defined in AS 11.46.100 and 13 (1) the value of the property or services [, ADJUSTED FOR 14 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 15 or 16 (2) [REPEALED] 17 (3) [REPEALED] 18 (4) the value of the property is less than $250 and, within the preceding 19 five years, the person has been convicted and sentenced on three or more separate 20 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 21 offense under another law or ordinance with similar elements. 22 * Sec. 5. AS 11.46.150(a) is amended to read: 23 (a) A person commits the crime of theft in the fourth degree if the person 24 commits theft as defined in AS 11.46.100 and the value of the property or services [, 25 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 26 * Sec. 6. AS 11.46.220(c) is amended to read: 27 (c) Concealment of merchandise is 28 (1) a class C felony if 29 (A) the merchandise is a firearm; 30 (B) the value of the merchandise [, ADJUSTED FOR 31 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or
01 (C) the value of the merchandise [, ADJUSTED FOR 02 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 03 $750 and, within the preceding five years, the person has been convicted and 04 sentenced on two or more separate occasions in this or another jurisdiction of 05 (i) the offense of concealment of merchandise under 06 this paragraph or (2)(A) of this subsection, or an offense under another 07 law or ordinance with similar elements; or 08 (ii) an offense under AS 11.46.120, 11.46.130, or 09 11.46.140(a)(1), or an offense under another law or ordinance with 10 similar elements; 11 (2) a class A misdemeanor if 12 (A) the value of the merchandise [, ADJUSTED FOR 13 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 14 $750; or 15 (B) [REPEALED] 16 (C) the value of the merchandise is less than $250 and, within 17 the preceding five years, the person has been convicted and sentenced on three 18 or more separate occasions of the offense of concealment of merchandise or 19 theft in any degree, or an offense under another law or ordinance with similar 20 elements; 21 (3) a class B misdemeanor if the value of the merchandise [, 22 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 23 * Sec. 7. AS 11.46.260(b) is amended to read: 24 (b) Removal of identification marks is 25 (1) a class C felony if the value of the property on which the serial 26 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 27 PROVIDED IN AS 11.46.982,] is $750 or more; 28 (2) a class A misdemeanor if the value of the property on which the 29 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 30 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 31 (3) a class B misdemeanor if the value of the property on which the
01 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 02 PROVIDED IN AS 11.46.982,] is less than $250. 03 * Sec. 8. AS 11.46.270(b) is amended to read: 04 (b) Unlawful possession is 05 (1) a class C felony if the value of the property on which the serial 06 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 07 PROVIDED IN AS 11.46.982,] is $750 or more; 08 (2) a class A misdemeanor if the value of the property on which the 09 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 10 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 11 (3) a class B misdemeanor if the value of the property on which the 12 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 13 PROVIDED IN AS 11.46.982,] is less than $250. 14 * Sec. 9. AS 11.46.280(d) is amended to read: 15 (d) Issuing a bad check is 16 (1) a class B felony if the face amount of the check is $25,000 or more; 17 (2) a class C felony if the face amount of the check [, ADJUSTED 18 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 19 $25,000; 20 (3) a class A misdemeanor if the face amount of the check [, 21 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more 22 but less than $750; 23 (4) a class B misdemeanor if the face amount of the check [, 24 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 25 * Sec. 10. AS 11.46.285(b) is amended to read: 26 (b) Fraudulent use of an access device is 27 (1) a class B felony if the value of the property or services obtained is 28 $25,000 or more; 29 (2) a class C felony if the value of the property or services obtained [, 30 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more 31 but less than $25,000;
01 (3) a class A misdemeanor if the value of the property or services 02 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 03 than $750. 04 * Sec. 11. AS 11.46.295 is amended to read: 05 Sec. 11.46.295. Prior convictions. For purposes of considering prior 06 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 07 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 08 AS 11.46.220(c), 09 (1) a conviction for an offense under another law or ordinance with 10 similar elements is a conviction of an offense having elements similar to those of an 11 offense defined as such under Alaska law at the time the offense was committed; 12 (2) a conviction for an offense under Alaska law where the value of the 13 property or services for the offense was lower than the value of property or services 14 for the offense under current Alaska law is a prior conviction for that offense; and 15 (3) the court shall consider the date of a prior conviction as occurring 16 on the date that sentence is imposed for the prior offense. 17 * Sec. 12. AS 11.46.360(a) is amended to read: 18 (a) A person commits the crime of vehicle theft in the first degree if, having 19 no right to do so or any reasonable ground to believe the person has such a right, the 20 person drives, tows away, or takes 21 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 22 of another; 23 (2) the propelled vehicle of another and 24 (A) the vehicle or any other property of another is damaged in a 25 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 26 AS 11.46.982,] of $750 or more; 27 (B) the owner incurs reasonable expenses as a result of the loss 28 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 29 PROVIDED IN AS 11.46.982,] of $750 or more; or 30 (C) the owner is deprived of the use of the vehicle for seven 31 days or more;
01 (3) the propelled vehicle of another and the vehicle is marked as a 02 police or emergency vehicle; or 03 (4) the propelled vehicle of another and, within the preceding seven 04 years, the person was convicted under 05 (A) this section or AS 11.46.365; 06 (B) former AS 11.46.482(a)(4) or (5); 07 (C) former AS 11.46.484(a)(2); 08 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 09 of a propelled vehicle; or 10 (E) a law or ordinance of this or another jurisdiction with 11 elements substantially similar to those of an offense described in (A) - (D) of 12 this paragraph. 13 * Sec. 13. AS 11.46.482(a) is amended to read: 14 (a) A person commits the crime of criminal mischief in the third degree if, 15 having no right to do so or any reasonable ground to believe the person has such a 16 right, 17 (1) with intent to damage property of another, the person damages 18 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 19 IN AS 11.46.982,] of $750 or more; 20 (2) the person recklessly creates a risk of damage in an amount 21 exceeding $100,000 to property of another by the use of widely dangerous means; or 22 (3) the person knowingly 23 (A) defaces, damages, or desecrates a cemetery or the contents 24 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 25 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 26 memorial appears to be abandoned, lost, or neglected; 27 (B) removes human remains or associated burial artifacts from 28 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 29 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 30 * Sec. 14. AS 11.46.484(a) is amended to read: 31 (a) A person commits the crime of criminal mischief in the fourth degree if,
01 having no right to do so or any reasonable ground to believe the person has such a 02 right, 03 (1) with intent to damage property of another, the person damages 04 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 05 IN AS 11.46.982,] of $250 or more but less than $750; 06 (2) the person tampers with a fire protection device in a building that is 07 a public place; 08 (3) the person knowingly accesses a computer, computer system, 09 computer program, computer network, or part of a computer system or network; 10 (4) the person uses a device to descramble an electronic signal that has 11 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 12 device is used only to descramble signals received directly from a satellite or unless 13 the person owned the device before September 18, 1984; or 14 (5) the person knowingly removes, relocates, defaces, alters, obscures, 15 shoots at, destroys, or otherwise tampers with an official traffic control device or 16 damages the work on a highway under construction. 17 * Sec. 15. AS 11.46.486(a) is amended to read: 18 (a) A person commits the crime of criminal mischief in the fifth degree if, 19 having no right to do so or any reasonable ground to believe the person has such a 20 right, 21 (1) with reckless disregard for the risk of harm to or loss of the 22 property or with intent to cause substantial inconvenience to another, the person 23 tampers with property of another; 24 (2) with intent to damage property of another, the person damages 25 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 26 IN AS 11.46.982,] less than $250; or 27 (3) the person rides in a propelled vehicle and, with criminal 28 negligence, disregards the fact that it has been stolen or that it is being used in 29 violation of AS 11.46.360 or 11.46.365(a)(1). 30 * Sec. 16. AS 11.46.530(b) is amended to read: 31 (b) Criminal simulation is
01 (1) a class C felony if the value of what the object purports to represent 02 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or 03 more; 04 (2) a class A misdemeanor if the value of what the object purports to 05 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 06 $250 or more but less than $750; 07 (3) a class B misdemeanor if the value of what the object purports to 08 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 09 than $250. 10 * Sec. 17. AS 11.46.620(d) is amended to read: 11 (d) Misapplication of property is 12 (1) a class C felony if the value of the property misapplied [, 13 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; 14 (2) a class A misdemeanor if the value of the property misapplied [, 15 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750. 16 * Sec. 18. AS 11.46.730(c) is amended to read: 17 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 18 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR 19 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the 20 defendant's conduct, in which case defrauding secured creditors is 21 (1) a class B felony if the loss is $25,000 or more; 22 (2) a class C felony if the loss [, ADJUSTED FOR INFLATION AS 23 PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000. 24 * Sec. 19. AS 11.56.310(a) is amended to read: 25 (a) One commits the crime of escape in the second degree if, without lawful 26 authority, one 27 (1) removes oneself from 28 (A) a secure correctional facility while under official detention 29 for a misdemeanor; 30 (B) official detention for a felony or for extradition; or 31 (C) official detention and, during the escape or at any time
01 before being restored to official detention, one possesses on or about oneself a 02 firearm; 03 (2) violates AS 11.56.335 or 11.56.340 and, during the time of the 04 unlawful evasion or at any time before being restored to official detention, one 05 possesses on or about oneself a firearm; or 06 (3) while under official detention for a felony, 07 (A) removes, tampers with, or disables the electronic 08 monitoring equipment; [,] or 09 (B) without prior authorization, leaves one's residence or 10 other place designated by the commissioner of corrections or the 11 commissioner of health and social services for [THE] service by electronic 12 monitoring [OF OFFICIAL DETENTION FOR A FELONY]. 13 * Sec. 20. AS 11.56.320(a) is amended to read: 14 (a) One commits the crime of escape in the third degree if one 15 (1) removes oneself from official detention during any lawful 16 movement or activity incident to confinement within a correctional facility for a 17 misdemeanor; [OR] 18 (2) violates AS 11.56.335 or 11.56.340 and leaves or attempts to leave 19 the state; 20 (3) while under official detention for a misdemeanor, 21 (A) removes, tampers with, or disables the electronic 22 monitoring equipment; or 23 (B) without prior authorization, leaves one's residence or 24 other place designated by the commissioner of corrections or the 25 commissioner of health and social services for service by electronic 26 monitoring; or 27 (4) while on release under AS 12.30, 28 (A) removes, tampers with, or disables the electronic 29 monitoring equipment; or 30 (B) without prior authorization, leaves one's residence or 31 other place designated by a judicial officer as a condition of release.
01 * Sec. 21. AS 11.56.730(a) is amended to read: 02 (a) A person commits the crime [OFFENSE] of failure to appear if the person 03 (1) is released under the provisions of AS 12.30; 04 (2) knows that the person is required to appear before a court or 05 judicial officer at the time and place of a scheduled hearing; and 06 (3) with criminal negligence does not appear before the court or 07 judicial officer at the time and place of the scheduled hearing. 08 * Sec. 22. AS 11.56.730(d) is amended to read: 09 (d) Failure to appear is a 10 (1) class C felony if the person was released in connection with a 11 charge of a felony or while awaiting sentence or appeal after conviction of a felony 12 [AND THE PERSON 13 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 14 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 15 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 16 HEARING; OR 17 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 18 SCHEDULED HEARING TO AVOID PROSECUTION]; 19 (2) class A misdemeanor if the person was released in connection with 20 a 21 (A) charge of a misdemeanor, while awaiting sentence or 22 appeal after conviction of a misdemeanor; or 23 (B) [, OR IN CONNECTION WITH A] requirement to appear 24 as a material witness in a criminal proceeding [, AND THE PERSON 25 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 26 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 27 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 28 HEARING; OR 29 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 30 SCHEDULED HEARING TO AVOID PROSECUTION; OR 31 (3) VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000].
01 * Sec. 23. AS 11.56.757(b) is amended to read: 02 (b) Violation of condition of release is a 03 (1) class A misdemeanor if the person is released from a charge or 04 conviction of a felony; 05 (2) class B misdemeanor if the person is released from a charge or 06 conviction of a misdemeanor. 07 * Sec. 24. AS 11.56.810(a) is amended to read: 08 (a) A person commits the crime of terroristic threatening in the second degree 09 if the person makes a threat that 10 (1) places [KNOWINGLY MAKES A FALSE REPORT THAT A 11 CIRCUMSTANCE (1) DANGEROUS TO HUMAN LIFE EXISTS OR IS ABOUT 12 TO EXIST AND (A)] a person [IS PLACED] in reasonable fear of serious physical 13 injury to any person with reckless disregard that the threat may cause 14 (A) the [; (B) CAUSES] evacuation of or initiation of an 15 emergency protocol for a building, public place or area, business premises, or 16 mode of public transportation; 17 (B) [(C) CAUSES] serious public inconvenience; or 18 (C) the public or a substantial group of the public to be in 19 fear of serious physical injury [(D) THE REPORT CLAIMS THAT A 20 BACTERIOLOGICAL, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 21 SUBSTANCE THAT IS CAPABLE OF CAUSING SERIOUS PHYSICAL 22 INJURY HAS BEEN SENT OR IS PRESENT IN A BUILDING, PUBLIC 23 PLACE OR AREA, BUSINESS PREMISES, OR MODE OF PUBLIC 24 TRANSPORTATION]; or 25 (2) causes any person to reasonably believe that a circumstance 26 exists or is about to exist that is dangerous to the proper or safe functioning of an oil or 27 gas pipeline or supporting facility, utility, or transportation or cargo facility; in this 28 paragraph, "oil or gas pipeline or supporting facility" and "utility" have the meanings 29 given in AS 11.46.495. 30 * Sec. 25. AS 11.61.110(c) is amended to read: 31 (c) Disorderly conduct is a class B misdemeanor and is punishable as
01 authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall 02 be for a definite term of not more than 10 days. 03 * Sec. 26. AS 11.71 is amended by adding a new section to read: 04 Sec. 11.71.021. Misconduct involving a controlled substance in the second 05 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 06 misconduct involving a controlled substance in the second degree if the person 07 (1) manufactures or delivers any amount of a schedule IA controlled 08 substance or possesses any amount of a schedule IA controlled substance with intent 09 to manufacture or deliver; 10 (2) manufactures any material, compound, mixture, or preparation that 11 contains 12 (A) methamphetamine, or its salts, isomers, or salts of isomers; 13 or 14 (B) an immediate precursor of methamphetamine, or its salts, 15 isomers, or salts of isomers; 16 (3) possesses an immediate precursor of methamphetamine, or the 17 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 18 with the intent to manufacture any material, compound, mixture, or preparation that 19 contains methamphetamine, or its salts, isomers, or salts of isomers; 20 (4) possesses a listed chemical with intent to manufacture any material, 21 compound, mixture, or preparation that contains 22 (A) methamphetamine, or its salts, isomers, or salts of isomers; 23 or 24 (B) an immediate precursor of methamphetamine, or its salts, 25 isomers, or salts of isomers; 26 (5) possesses methamphetamine in an organic solution with intent to 27 extract from it methamphetamine or its salts, isomers, or salts of isomers; or 28 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 29 delivers 30 (A) an immediate precursor of methamphetamine, or the salts, 31 isomers, or salts of isomers of the immediate precursor of methamphetamine,
01 to another person with reckless disregard that the precursor will be used to 02 manufacture any material, compound, mixture, or preparation that contains 03 methamphetamine, or its salts, isomers, or salts of isomers; or 04 (B) a listed chemical to another person with reckless disregard 05 that the listed chemical will be used to manufacture any material, compound, 06 mixture, or preparation that contains 07 (i) methamphetamine, or its salts, isomers, or salts of 08 isomers; 09 (ii) an immediate precursor of methamphetamine, or its 10 salts, isomers, or salts of isomers; or 11 (iii) methamphetamine or its salts, isomers, or salts of 12 isomers in an organic solution. 13 (b) In a prosecution under (a) of this section, possession of more than six 14 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 15 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 16 the person intended to use the listed chemicals to manufacture, to aid or abet another 17 person to manufacture, or to deliver to another person who intends to manufacture 18 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 19 of methamphetamine or its immediate precursors. The prima facie evidence described 20 in this subsection does not apply to a person who possesses 21 (1) the listed chemicals ephedrine, pseudoephedrine, 22 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 23 (A) and the listed chemical was dispensed to the person under a 24 valid prescription; or 25 (B) in the ordinary course of a legitimate business, or an 26 employee of a legitimate business, as a 27 (i) retailer or as a wholesaler; 28 (ii) wholesale drug distributor licensed by the Board of 29 Pharmacy; 30 (iii) manufacturer of drug products licensed by the 31 Board of Pharmacy;
01 (iv) pharmacist licensed by the Board of Pharmacy; or 02 (v) health care professional licensed by the state; or 03 (2) less than 24 grams of ephedrine, pseudoephedrine, 04 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 05 kept in a locked storage area on the premises of a legitimate business or nonprofit 06 organization operating a camp, lodge, school, day care center, treatment center, or 07 other organized group activity, and the location or nature of the activity, or the age of 08 the participants, makes it impractical for the participants in the activity to obtain 09 medicinal products. 10 (c) In this section, "listed chemical" means a chemical described under 11 AS 11.71.200. 12 (d) Misconduct involving a controlled substance in the second degree is a 13 class A felony. 14 * Sec. 27. AS 11.71.030(a) is amended to read: 15 (a) Except as authorized in AS 17.30, a person commits the crime of 16 misconduct involving a controlled substance in the third [SECOND] degree if the 17 person 18 (1) manufactures or delivers, or possesses with intent to manufacture 19 or deliver, 20 (A) one or more preparations, compounds, mixtures, or 21 substances of an aggregate weight of one gram or more containing a schedule 22 IA controlled substance; 23 (B) 25 or more tablets, ampules, or syrettes containing a 24 schedule IA controlled substance; 25 (C) one or more preparations, compounds, mixtures, or 26 substances of an aggregate weight of 2.5 grams or more containing a schedule 27 IIA or IIIA controlled substance; or 28 (D) 50 or more tablets, ampules, or syrettes containing a 29 schedule IIA or IIIA controlled substance; 30 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 31 substance to a person under 19 years of age who is at least three years younger than
01 the person delivering the substance; 02 (3) possesses any amount of a schedule IA or IIA controlled substance 03 (A) with reckless disregard that the possession occurs 04 (i) on or within 500 feet of school grounds; or 05 (ii) at or within 500 feet of a recreation or youth center; 06 or 07 (B) on a school bus; 08 (4) manufactures any material, compound, mixture, or preparation that 09 contains 10 (A) methamphetamine, or its salts, isomers, or salts of isomers; 11 or 12 (B) an immediate precursor of methamphetamine, or its salts, 13 isomers, or salts of isomers; 14 (5) possesses an immediate precursor of methamphetamine, or the 15 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 16 with the intent to manufacture any material, compound, mixture, or preparation that 17 contains methamphetamine, or its salts, isomers, or salts of isomers; 18 (6) possesses a listed chemical with intent to manufacture any material, 19 compound, mixture, or preparation that contains 20 (A) methamphetamine, or its salts, isomers, or salts of isomers; 21 or 22 (B) an immediate precursor of methamphetamine, or its salts, 23 isomers, or salts of isomers; 24 (7) possesses methamphetamine in an organic solution with intent to 25 extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR] 26 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 27 delivers 28 (A) an immediate precursor of methamphetamine, or the salts, 29 isomers, or salts of isomers of the immediate precursor of methamphetamine, 30 to another person with reckless disregard that the precursor will be used to 31 manufacture any material, compound, mixture, or preparation that contains
01 methamphetamine, or its salts, isomers, or salts of isomers; or 02 (B) a listed chemical to another person with reckless disregard 03 that the listed chemical will be used to manufacture any material, compound, 04 mixture, or preparation that contains 05 (i) methamphetamine, or its salts, isomers, or salts of 06 isomers; 07 (ii) an immediate precursor of methamphetamine, or its 08 salts, isomers, or salts of isomers; or 09 (iii) methamphetamine or its salts, isomers, or salts of 10 isomers in an organic solution; or 11 (9) under circumstances not proscribed under AS 11.71.021(a)(2) - 12 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled 13 substance or possesses any amount of a schedule IIA or IIIA controlled substance 14 with intent to manufacture or deliver. 15 * Sec. 28. AS 11.71.030(d) is amended to read: 16 (d) Misconduct involving a controlled substance in the third [SECOND] 17 degree is a class B felony. 18 * Sec. 29. AS 11.71.040(a) is amended to read: 19 (a) Except as authorized in AS 03.05, AS 17.30, and AS 17.38 [AS 17.30], a 20 person commits the crime of misconduct involving a controlled substance in the 21 fourth [THIRD] degree if the person 22 (1) manufactures or delivers any amount of a schedule IVA or VA 23 controlled substance or possesses any amount of a schedule IVA or VA controlled 24 substance with intent to manufacture or deliver; 25 (2) manufactures or delivers, or possesses with the intent to 26 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 27 of an aggregate weight of one ounce or more containing a schedule VIA controlled 28 substance; 29 (3) possesses 30 (A) any amount of a 31 (i) schedule IA controlled substance [LISTED IN
01 AS 11.71.140(e)]; 02 (ii) IIA controlled substance except a controlled 03 substance listed in AS 11.71.150(e)(11) - (15); 04 (B) 25 or more tablets, ampules, or syrettes containing a 05 schedule IIIA or IVA controlled substance; 06 (C) one or more preparations, compounds, mixtures, or 07 substances of an aggregate weight of 08 (i) three grams or more containing a schedule IIIA 09 or IVA controlled substance except a controlled substance in a 10 form listed in (ii) of this subparagraph; 11 (ii) 12 grams or more containing a schedule IIIA 12 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 13 sprayed on or otherwise applied to tobacco, an herb, or another 14 organic material; or 15 (iii) 500 milligrams or more of a schedule IIA 16 controlled substance listed in AS 11.71.150(e)(11) - (15); 17 (D) 50 or more tablets, ampules, or syrettes containing a 18 schedule VA controlled substance; 19 (E) one or more preparations, compounds, mixtures, or 20 substances of an aggregate weight of six grams or more containing a 21 schedule VA controlled substance; 22 (F) one or more preparations, compounds, mixtures, or 23 substances of an aggregate weight of four ounces or more containing a 24 schedule VIA controlled substance; or 25 (G) 25 or more plants of the genus cannabis; 26 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 27 (A) with reckless disregard that the possession occurs 28 (i) on or within 500 feet of school grounds; or 29 (ii) at or within 500 feet of a recreation or youth center; 30 or 31 (B) on a school bus;
01 (5) knowingly keeps or maintains any store, shop, warehouse, 02 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 03 keeping or distributing controlled substances in violation of a felony offense under this 04 chapter or AS 17.30; 05 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 06 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 07 mark, imprint, or device of another or any likeness of any of these on a drug, drug 08 container, or labeling so as to render the drug a counterfeit substance; 09 (7) knowingly uses in the course of the manufacture or distribution of a 10 controlled substance a registration number that is fictitious, revoked, suspended, or 11 issued to another person; 12 (8) knowingly furnishes false or fraudulent information in or omits 13 material information from any application, report, record, or other document required 14 to be kept or filed under AS 17.30; 15 (9) obtains possession of a controlled substance by misrepresentation, 16 fraud, forgery, deception, or subterfuge; 17 (10) affixes a false or forged label to a package or other container 18 containing any controlled substance; or 19 (11) manufactures or delivers, or possesses with the intent to 20 manufacture or deliver, 21 (A) one or more preparations, compounds, mixtures, or 22 substances of an aggregate weight of less than one gram containing a schedule 23 IA controlled substance; 24 (B) less than 25 tablets, ampules, or syrettes containing a 25 schedule IA controlled substance; 26 (C) one or more preparations, compounds, mixtures, or 27 substances of an aggregate weight of less than 2.5 grams containing a schedule 28 IIA or IIIA controlled substance; or 29 (D) less than 50 tablets, ampules, or syrettes containing a 30 schedule IIA or IIIA controlled substance. 31 * Sec. 30. AS 11.71.040(d) is amended to read:
01 (d) Misconduct involving a controlled substance in the fourth [THIRD] 02 degree is a class C felony. 03 * Sec. 31. AS 11.71.050 is amended to read: 04 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth 05 [FOURTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person 06 commits the crime of misconduct involving a controlled substance in the fifth 07 [FOURTH] degree if the person 08 (1) manufactures or delivers, or possesses with the intent to 09 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 10 of an aggregate weight of less than one ounce containing a schedule VIA controlled 11 substance; 12 (2) [REPEALED] 13 (3) fails to make, keep, or furnish any record, notification, order form, 14 statement, invoice, or information required under AS 17.30; [OR] 15 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 16 11.71.040(a)(3), 11.71.040(a)(4), or 11.71.060(a)(2), possesses any amount of a 17 schedule IA, IIA, IIIA, IVA, VA, or VIA controlled substance; or 18 (5) possesses 19 (A) less than 25 tablets, ampules, or syrettes containing a 20 schedule IIIA or IVA controlled substance; 21 (B) one or more preparations, compounds, mixtures, or 22 substances of an aggregate weight of less than 23 (i) three grams containing a schedule IIIA or IVA 24 controlled substance except a controlled substance in a form listed 25 in (ii) of this subparagraph; 26 (ii) 12 grams but more than six grams containing a 27 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - 28 (16) that has been sprayed on or otherwise applied to tobacco, an 29 herb, or another organic material; or 30 (iii) 500 milligrams containing a schedule IIA 31 controlled substance listed in AS 11.71.150(e)(11) - (15);
01 (C) less than 50 tablets, ampules, or syrettes containing a 02 schedule VA controlled substance; 03 (D) one or more preparations, compounds, mixtures, or 04 substances of an aggregate weight of less than six grams containing a 05 schedule VA controlled substance; or 06 (E) one or more preparations, compounds, mixtures, or 07 substances of an aggregate weight of one ounce or more containing a 08 schedule VIA controlled substance. 09 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 10 degree is a class A misdemeanor. 11 * Sec. 32. AS 11.71.060 is amended to read: 12 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth 13 [FIFTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person 14 commits the crime of misconduct involving a controlled substance in the sixth 15 [FIFTH] degree if the person 16 (1) uses or displays any amount of a schedule VIA controlled 17 substance; 18 (2) possesses one or more preparations, compounds, mixtures, or 19 substances of an aggregate weight of 20 (A) less than one ounce containing a schedule VIA controlled 21 substance; 22 (B) six grams or less containing a schedule IIIA controlled 23 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 24 otherwise applied to tobacco, an herb, or another organic material; or 25 (3) refuses entry into a premise for an inspection authorized under 26 AS 17.30. 27 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 28 is a class B misdemeanor. 29 * Sec. 33. AS 11.71.311(a) is amended to read: 30 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 31 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) if
01 that person 02 (1) sought, in good faith, medical or law enforcement assistance for 03 another person who the person reasonably believed was experiencing a drug overdose 04 and 05 (A) the evidence supporting the prosecution for an offense 06 under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(5) 07 [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) was obtained or discovered as a 08 result of the person seeking medical or law enforcement assistance; 09 (B) the person remained at the scene with the other person until 10 medical or law enforcement assistance arrived; and 11 (C) the person cooperated with medical or law enforcement 12 personnel, including by providing identification; 13 (2) was experiencing a drug overdose and sought medical assistance, 14 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 15 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) 16 was obtained as a result of the overdose and the need for medical assistance. 17 * Sec. 34. AS 12.55.090(c) is amended to read: 18 (c) The period of probation, together with any extension, may not exceed 19 (1) 25 [15] years for a felony sex offense; or 20 (2) 10 years for any other offense [AN UNCLASSIFIED FELONY 21 UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION; 22 (3) FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1) 23 OR (2) OF THIS SUBSECTION; 24 (4) THREE YEARS FOR A MISDEMEANOR OFFENSE 25 (A) UNDER AS 11.41; 26 (B) THAT IS A CRIME INVOLVING DOMESTIC 27 VIOLENCE; OR 28 (C) THAT IS A SEX OFFENSE, AS THAT TERM IS 29 DEFINED IN AS 12.63.100; 30 (5) TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER 31 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN
01 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A 02 SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR 03 (6) ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF 04 THIS SUBSECTION]. 05 * Sec. 35. AS 12.55.125(c) is amended to read: 06 (c) Except as provided in (i) of this section, a defendant convicted of a class A 07 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 08 and shall be sentenced to a definite term within the following presumptive ranges, 09 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 10 (1) if the offense is a first felony conviction and does not involve 11 circumstances described in (2) of this subsection, five [THREE] to eight [SIX] years; 12 (2) if the offense is a first felony conviction 13 (A) and the defendant 14 [(A)] possessed a firearm, used a dangerous instrument, or 15 caused serious physical injury or death during the commission of the offense, 16 [FIVE TO NINE YEARS;] or 17 [(B)] knowingly directed the conduct constituting the offense at 18 a uniformed or otherwise clearly identified peace officer, firefighter, 19 correctional employee, emergency medical technician, paramedic, ambulance 20 attendant, or other emergency responder who was engaged in the performance 21 of official duties at the time of the offense, seven to 11 years; 22 (B) and the conviction is for manufacturing related to 23 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 24 (i) the manufacturing occurred in a building with 25 reckless disregard that the building was used as a permanent or 26 temporary home or place of lodging for one or more children 27 under 18 years of age or the building was a place frequented by 28 children; or 29 (ii) in the course of manufacturing or in preparation 30 for manufacturing, the defendant obtained the assistance of one or 31 more children under 18 years of age or one or more children were
01 present; 02 (3) if the offense is a second felony conviction, 10 [EIGHT] to 14 [12] 03 years; 04 (4) if the offense is a third felony conviction and the defendant is not 05 subject to sentencing under (l) of this section, 15 [13] to 20 years. 06 * Sec. 36. AS 12.55.125(d) is amended to read: 07 (d) Except as provided in (i) of this section, a defendant convicted of a class B 08 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 09 and shall be sentenced to a definite term within the following presumptive ranges, 10 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 11 (1) if the offense is a first felony conviction and does not involve 12 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years; 13 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 14 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 15 probation under AS 12.55.086, the defendant is required to serve an active term 16 of imprisonment within the range specified in this paragraph, unless the court 17 finds that a mitigation factor under AS 12.55.155 applies; 18 (2) if the offense is a first felony conviction, 19 (A) the defendant violated AS 11.41.130, and the victim was 20 [(A)] a child under 16 years of age, two to four years; [OR] 21 (B) two to four years if the conviction is for attempt, 22 solicitation, or conspiracy to manufacture related to methamphetamine 23 under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 24 (i) the attempted manufacturing occurred, or the 25 solicited or conspired offense was to have occurred, in a building 26 with reckless disregard that the building was used as a permanent 27 or temporary home or place of lodging for one or more children 28 under 18 years of age or the building was a place frequented by 29 children; or 30 (ii) in the course of an attempt to manufacture, the 31 defendant obtained the assistance of one or more children under 18
01 years of age or one or more children were present [WAS 16 YEARS 02 OF AGE OR OLDER, ONE TO THREE YEARS]; 03 (3) if the offense is a second felony conviction, four [TWO] to seven 04 [FIVE] years; 05 (4) if the offense is a third felony conviction, six [FOUR] to 10 years. 06 * Sec. 37. AS 12.55.125(e) is amended to read: 07 (e) Except as provided in (i) of this section, a defendant convicted of a class C 08 felony may be sentenced to a definite term of imprisonment of not more than five 09 years, and shall be sentenced to a definite term within the following presumptive 10 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 11 (1) if the offense is a first felony conviction and does not involve 12 circumstances described in (4) of this subsection, zero to two years; a defendant 13 sentenced under this paragraph may, if the court finds it appropriate, be granted a 14 suspended imposition of sentence under AS 12.55.085, and the court may, as a 15 condition of probation under AS 12.55.086, require the defendant to serve an active 16 term of imprisonment within the range specified in this paragraph; 17 (2) if the offense is a second felony conviction, two [ONE] to four 18 years; 19 (3) if the offense is a third felony conviction, three [TWO] to five 20 years; 21 (4) if the offense is a first felony conviction, and the defendant violated 22 AS 08.54.720(a)(15), one to two years. 23 * Sec. 38. AS 12.55.125(q) is amended to read: 24 (q) Other than for convictions subject to a mandatory 99-year sentence, the 25 court shall impose, in addition to an active term of imprisonment imposed under (i) of 26 this section, a minimum period of (1) suspended imprisonment of five years and a 27 minimum period of probation supervision of 15 years for conviction of an unclassified 28 felony, (2) suspended imprisonment of three years and a minimum period of probation 29 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended 30 imprisonment of two years and a minimum period of probation supervision of five 31 years for conviction of a class C felony. The period of probation is in addition to any
01 sentence received under (i) of this section and may not be suspended or reduced. 02 Upon a defendant's release from confinement in a correctional facility, the 03 defendant is subject to the probation requirement under this subsection and shall 04 submit and comply with the terms and requirements of the probation. 05 * Sec. 39. AS 12.55.135(a) is amended to read: 06 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 07 definite term of imprisonment of not more than 08 [(1)] one year [, IF THE 09 (A) CONVICTION IS FOR A CRIME WITH A 10 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE 11 IMPRISONMENT; 12 (B) TRIER OF FACT FINDS THE AGGRAVATING 13 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS 14 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE 15 DEFINITION OF THE OFFENSE; 16 (C) DEFENDANT HAS PAST CRIMINAL CONVICTIONS 17 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS 18 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE 19 OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED; 20 (D) CONVICTION IS FOR AN ASSAULT IN THE FOURTH 21 DEGREE UNDER AS 11.41.230; OR 22 (E) CONVICTION IS FOR A VIOLATION OF 23 (i) AS 11.41.427; 24 (ii) AS 11.41.440; 25 (iii) AS 11.41.460, IF THE INDECENT EXPOSURE 26 IS BEFORE A PERSON UNDER 16 YEARS OF AGE; 27 (iv) AS 11.61.116(c)(2); OR 28 (v) AS 11.61.118(a)(2); 29 (2) 30 DAYS]. 30 * Sec. 40. AS 12.55.135(b) is amended to read: 31 (b) A defendant convicted of a class B misdemeanor may be sentenced to a
01 definite term of imprisonment of not more than 90 02 [(1) 10] days unless otherwise specified in the provision of law 03 defining the offense [OR IN THIS SECTION; 04 (2) 90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF 05 (A) AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS 06 OF AGE OR OLDER; OR 07 (B) AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF 08 AGE OR OLDER; OR 09 (3) FIVE DAYS IF THE CONVICTION IS FOR A VIOLATION OF 10 AS 11.56.757]. 11 * Sec. 41. AS 28.15.291(a) is amended to read: 12 (a) A person commits the crime of driving while license canceled, suspended, 13 revoked, or in violation of a limitation if the person drives [(1)] a motor vehicle on a 14 highway or vehicular way or area at a time when that person's driver's license, 15 privilege to drive, or privilege to obtain a license has been canceled, suspended, or 16 revoked in this or [UNDER CIRCUMSTANCES DESCRIBED IN AS 28.15.181(c) 17 OR A SIMILAR LAW IN] another jurisdiction, [; (2) A MOTOR VEHICLE ON A 18 HIGHWAY OR VEHICULAR WAY OR AREA AT A TIME WHEN THAT 19 PERSON'S DRIVER'S LICENSE, PRIVILEGE TO DRIVE, OR PRIVILEGE TO 20 OBTAIN A LICENSE HAS BEEN CANCELED, SUSPENDED, OR REVOKED 21 UNDER CIRCUMSTANCES OTHER THAN THOSE DESCRIBED IN (1) OF THIS 22 SUBSECTION;] or the person drives [(3)] in violation of a limitation placed on that 23 person's license or privilege to drive in this or another jurisdiction. 24 * Sec. 42. AS 28.15.291(b) is amended to read: 25 (b) Driving while license canceled, suspended, revoked, or in violation of a 26 limitation is 27 [(1)] a class A misdemeanor [IF THE PERSON VIOLATES (a)(1) OF 28 THIS SECTION]; upon conviction, the court shall impose a minimum sentence of 29 imprisonment of not less than 10 days 30 (1) [(A)] with 10 days suspended if the person has not been previously 31 convicted under (a) [(a)(1)] of this section or a similar law of another jurisdiction; or
01 (2) [(B)] if the person has been previously convicted under (a) [(a)(1)] 02 of this section or a similar law in another jurisdiction [; 03 (2) AN INFRACTION IF THE PERSON VIOLATES (a)(2) OR (3) 04 OF THIS SECTION]. 05 * Sec. 43. AS 28.35.030(k) is amended to read: 06 (k) Imprisonment required under (b)(1)(A) of this section shall be served at a 07 community residential center or by electronic monitoring at a private residence 08 under AS 33.30.065. If a community residential center or electronic monitoring at a 09 private residence is not available, imprisonment required under (b)(1)(A) of this 10 section may [SHALL] be served at another appropriate place [A PRIVATE 11 RESIDENCE BY OTHER MEANS] determined by the commissioner of corrections. 12 [A PERSON WHO IS SERVING A SENTENCE OF IMPRISONMENT REQUIRED 13 UNDER (b)(1)(A) OF THIS SECTION BY ELECTRONIC MONITORING AT A 14 PRIVATE RESIDENCE MAY NOT BE SUBJECT TO A SEARCH OF THE 15 PERSON'S DWELLING BY A PEACE OFFICER OR A PERSON REQUIRED TO 16 ADMINISTER THE ELECTRONIC MONITORING UNDER AS 33.30.065(a), 17 EXCEPT UPON PROBABLE CAUSE.] Imprisonment required under (b)(1)(B) - (F) 18 of this section may be served at a community residential center or at a private 19 residence if approved by the commissioner of corrections. Imprisonment served at a 20 private residence must include electronic monitoring under AS 33.30.065 [OR, IF 21 ELECTRONIC MONITORING IS NOT AVAILABLE, BY OTHER MEANS AS 22 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of 23 imprisonment resulting from the sentence imposed under (b)(1) of this section shall be 24 paid to the state by the person being sentenced. The cost of imprisonment required to 25 be paid under this subsection may not exceed $2,000. Upon the person's conviction, 26 the court shall include the costs of imprisonment as a part of the judgment of 27 conviction. Except for reimbursement from a permanent fund dividend as provided in 28 this subsection, payment of the cost of imprisonment is not required if the court 29 determines the person is indigent. For costs of imprisonment that are not paid by the 30 person as required by this subsection, the state shall seek reimbursement from the 31 person's permanent fund dividend as provided under AS 43.23.140. A person
01 sentenced under (b)(1)(B) of this section shall perform at least 160 hours of 02 community service work, as required by the director of the community residential 03 center or other appropriate place, or as required by the commissioner of corrections if 04 the sentence is being served at a private residence. In this subsection, "appropriate 05 place" means a facility with 24-hour on-site staff supervision that is specifically 06 adapted to provide a residence, and includes a correctional center, residential treatment 07 facility, hospital, halfway house, group home, work farm, work camp, or other place 08 that provides varying levels of restriction. 09 * Sec. 44. AS 28.35.032(o) is amended to read: 10 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 11 community residential center or by electronic monitoring at a private residence 12 [BY ELECTRONIC MONITORING] under AS 33.30.065. If a community 13 residential center or electronic monitoring at a private residence is not available, 14 imprisonment required under (g)(1)(A) of this section may [SHALL] be served at 15 another appropriate place [A PRIVATE RESIDENCE BY OTHER MEANS AS] 16 determined by the commissioner of corrections. [A PERSON WHO IS SERVING A 17 SENTENCE OF IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS 18 SECTION BY ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY 19 NOT BE SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A 20 PEACE OFFICER OR A PERSON REQUIRED TO ADMINISTER THE 21 ELECTRONIC MONITORING UNDER AS 33.30.065(a), EXCEPT UPON 22 PROBABLE CAUSE.] Imprisonment required under (g)(1)(B) - (F) of this section 23 may be served at a community residential center or at a private residence if approved 24 by the commissioner of corrections. Imprisonment served at a private residence must 25 include electronic monitoring under AS 33.30.065 [OR, IF ELECTRONIC 26 MONITORING IS NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS 27 AS DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of 28 imprisonment resulting from the sentence imposed under (g)(1) of this section shall be 29 paid to the state by the person being sentenced. The cost of imprisonment required to 30 be paid under this subsection may not exceed $2,000. Upon the person's conviction, 31 the court shall include the costs of imprisonment as a part of the judgment of
01 conviction. Except for reimbursement from a permanent fund dividend as provided in 02 this subsection, payment of the cost of imprisonment is not required if the court 03 determines the person is indigent. For costs of imprisonment that are not paid by the 04 person as required by this subsection, the state shall seek reimbursement from the 05 person's permanent fund dividend as provided under AS 43.23.140. A person 06 sentenced under (g)(1)(B) of this section shall perform at least 160 hours of 07 community service work, as required by the director of the community residential 08 center or other appropriate place, or as required by the commissioner of corrections if 09 the sentence is being served at a private residence. In this subsection, "appropriate 10 place" means a facility with 24-hour on-site staff supervision that is specifically 11 adapted to provide a residence, and includes a correctional center, residential treatment 12 facility, hospital, halfway house, group home, work farm, work camp, or other place 13 that provides varying levels of restriction. 14 * Sec. 45. AS 34.03.360(7) is amended to read: 15 (7) "illegal activity involving a controlled substance" means a violation 16 of AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) 17 - (8)], or 11.71.040(a)(1), (2), or (5); 18 * Sec. 46. AS 47.12.315(a) is amended to read: 19 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 20 section, the department shall disclose information to the public, on request, concerning 21 a minor subject to this chapter who was at least 13 years of age at the time of 22 commission of 23 (1) a felony offense against a person under AS 11.41; 24 (2) arson in the first or second degree; 25 (3) burglary in the first degree; 26 (4) distribution of child pornography; 27 (5) sex trafficking in the first degree; 28 (6) misconduct involving a controlled substance in the first, [OR] 29 second, or third degrees involving distribution or possession with intent to deliver; or 30 (7) misconduct involving weapons in the first through fourth degrees. 31 * Sec. 47. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 DIRECT COURT RULE AMENDMENT. Rule 6(r)(6), Alaska Rules of 03 Criminal Procedure, is amended to read: 04 (6) When a prior conviction is an element of an offense [IN A 05 PROSECUTION FOR DRIVING WHILE INTOXICATED UNDER AS 28.35.030(n) 06 OR FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST UNDER 07 AS 28.35.032(p)], hearsay evidence received through the Alaska Public Safety 08 Information Network or from other government agencies of prior convictions [OF 09 DRIVING WHILE INTOXICATED OR REFUSAL TO SUBMIT TO A CHEMICAL 10 TEST] may be presented to the grand jury. 11 * Sec. 48. AS 11.46.980(d), 11.46.982; AS 11.56.330(a)(3); AS 11.71.030(a)(1), 12 11.71.030(a)(4), 11.71.030(a)(5), 11.71.030(a)(6), 11.71.030(a)(7), 11.71.030(a)(8), 13 11.71.030(c), 11.71.030(e), 11.71.040(a)(11), 11.71.050(a)(4); AS 12.25.180(b)(3); 14 AS 12.55.135(l), 12.55.135(m), 12.55.135(n), 12.55.135(o), 12.55.135(p), and 15 12.55.145(a)(5) are repealed. 16 * Sec. 49. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 REPORT OF THE SUPERIOR COURT REGARDING INVOLUNTARY 19 COMMITMENT. By December 31, 2019, the superior court shall transmit the information 20 under AS 47.30.907(a), if known, to the Department of Public Safety for all orders of the 21 superior court issued on or after October 1, 1981, for the involuntary commitment of a person 22 under AS 47.30.735 - 47.30.755 or for orders of relief from a disability resulting from an 23 involuntary commitment or an adjudication of mental illness or mental incompetence granted 24 under AS 47.30.851(b). 25 * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. (a) The following sections apply to offenses committed on or after 28 the effective date of those sections: 29 (1) AS 11.41.110(a), as amended by sec. 1 of this Act; 30 (2) AS 11.41.150(a), as amended by sec. 2 of this Act; 31 (3) AS 11.46.130(a), as amended by sec. 3 of this Act;
01 (4) AS 11.46.140(a), as amended by sec. 4 of this Act; 02 (5) AS 11.46.150(a), as amended by sec. 5 of this Act; 03 (6) AS 11.46.220(c), as amended by sec. 6 of this Act; 04 (7) AS 11.46.260(b), as amended by sec. 7 of this Act; 05 (8) AS 11.46.270(b), as amended by sec. 8 of this Act; 06 (9) AS 11.46.280(d), as amended by sec. 9 of this Act; 07 (10) AS 11.46.285(b), as amended by sec. 10 of this Act; 08 (11) AS 11.46.295, as amended by sec. 11 of this Act; 09 (12) AS 11.46.360(a), as amended by sec. 12 of this Act; 10 (13) AS 11.46.482(a), as amended by sec. 13 of this Act; 11 (14) AS 11.46.484(a), as amended by sec. 14 of this Act; 12 (15) AS 11.46.486(a), as amended by sec. 15 of this Act; 13 (16) AS 11.46.530(b), as amended by sec. 16 of this Act; 14 (17) AS 11.46.620(d), as amended by sec. 17 of this Act; 15 (18) AS 11.46.730(c), as amended by sec. 18 of this Act; 16 (19) AS 11.56.310(a), as amended by sec. 19 of this Act; 17 (20) AS 11.56.320(a), as amended by sec. 20 of this Act; 18 (21) AS 11.56.730(a), as amended by sec. 21 of this Act; 19 (22) AS 11.56.730(d), as amended by sec. 22 of this Act; 20 (23) AS 11.56.757(b), as amended by sec. 23 of this Act; 21 (24) AS 11.56.810(a), as amended by sec. 24 of this Act; 22 (25) AS 11.61.110(c), as amended by sec. 25 of this Act; 23 (26) AS 11.71.021, enacted by sec. 26 of this Act; 24 (27) AS 11.71.030(a), as amended by sec. 27 of this Act; 25 (28) AS 11.71.030(d), as amended by sec. 28 of this Act; 26 (29) AS 11.71.040(a), as amended by sec. 29 of this Act; 27 (30) AS 11.71.040(d), as amended by sec. 30 of this Act; 28 (31) AS 11.71.050, as amended by sec. 31 of this Act; 29 (32) AS 11.71.060, as amended by sec. 32 of this Act; 30 (33) AS 11.71.311(a), as amended by sec. 33 of this Act; 31 (34) AS 28.15.291(a), as amended by sec. 41 of this Act;
01 (35) AS 28.15.291(b), as amended by sec. 42 of this Act. 02 (b) The following sections apply to sentences imposed on or after the effective date of 03 those sections for conduct occurring on or after the effective date of those sections: 04 (1) AS 12.55.125(c), as amended by sec. 35 of this Act; 05 (2) AS 12.55.125(d), as amended by sec. 36 of this Act; 06 (3) AS 12.55.125(e), as amended by sec. 37 of this Act; 07 (4) AS 12.55.125(q), as amended by sec. 38 of this Act; 08 (5) AS 12.55.135(a), as amended by sec. 39 of this Act; 09 (6) AS 12.55.135(b), as amended by sec. 40 of this Act; 10 (7) AS 28.35.030(k), as amended by sec. 43 of this Act; 11 (8) AS 28.35.032(o), as amended by sec. 44 of this Act. 12 (c) AS 12.55.090(c), as amended by sec. 34 of this Act, applies to probation ordered 13 on or after the effective date of sec. 34 of this Act for conduct occurring on or after the 14 effective date of sec. 34 of this Act. 15 * Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 CONDITIONAL EFFECT. Section 47 of this Act takes effect only if sec. 47 of this 18 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 19 Constitution of the State of Alaska. 20 * Sec. 52. Section 49 of this Act takes effect immediately under AS 01.10.070(c). 21 * Sec. 53. Except as provided in sec. 52 of this Act, this Act takes effect July 1, 2019.