HB 51: "An Act relating to aggravating factors considered at sentencing."
00 HOUSE BILL NO. 51 01 "An Act relating to aggravating factors considered at sentencing." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.55.155(c) is amended to read: 04 (c) The following factors shall be considered by the sentencing court if proven 05 in accordance with this section, and may allow imposition of a sentence above the 06 presumptive range set out in AS 12.55.125: 07 (1) a person, other than an accomplice, sustained physical injury as a 08 direct result of the defendant's conduct; 09 (2) the defendant's conduct during the commission of the offense 10 manifested deliberate cruelty to another person; 11 (3) the defendant was the leader of a group of three or more persons 12 who participated in the offense; 13 (4) the defendant employed a dangerous instrument in furtherance of 14 the offense; 15 (5) the defendant knew or reasonably should have known that the
01 victim of the offense was particularly vulnerable or incapable of resistance due to 02 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 03 extreme youth or was for any other reason substantially incapable of exercising 04 normal physical or mental powers of resistance; 05 (6) the defendant's conduct created a risk of imminent physical injury 06 to three or more persons, other than accomplices; 07 (7) a prior felony conviction considered for the purpose of invoking a 08 presumptive range under this chapter was of a more serious class of offense than the 09 present offense; 10 (8) the defendant's prior criminal history includes conduct involving 11 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 12 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 13 combination of assaultive behavior and cruelty to animals proscribed under 14 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 15 means assault that is a felony under AS 11.41, or a similar provision in another 16 jurisdiction; 17 (9) the defendant knew that the offense involved more than one victim; 18 (10) the conduct constituting the offense was among the most serious 19 conduct included in the definition of the offense; 20 (11) the defendant committed the offense under an agreement that the 21 defendant either pay or be paid for the commission of the offense, and the pecuniary 22 incentive was beyond that inherent in the offense itself; 23 (12) the defendant was on release under AS 12.30 for another felony 24 charge or conviction or for a misdemeanor charge or conviction having assault as a 25 necessary element; 26 (13) the defendant knowingly directed the conduct constituting the 27 offense at an active officer of the court or at an active or former judicial officer, 28 prosecuting attorney, law enforcement officer, correctional employee, firefighter, 29 emergency medical technician, paramedic, ambulance attendant, or other emergency 30 responder during or because of the exercise of official duties; 31 (14) the defendant was a member of an organized group of five or
01 more persons, and the offense was committed to further the criminal objectives of the 02 group; 03 (15) the defendant has three or more prior felony convictions; 04 (16) the defendant's criminal conduct was designed to obtain 05 substantial pecuniary gain and the risk of prosecution and punishment for the conduct 06 is slight; 07 (17) the offense was one of a continuing series of criminal offenses 08 committed in furtherance of illegal business activities from which the defendant 09 derives a major portion of the defendant's income; 10 (18) the offense was a felony 11 (A) specified in AS 11.41 and was committed against a spouse, 12 a former spouse, or a member of the social unit made up of those living 13 together in the same dwelling as the defendant; 14 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 15 has engaged in the same or other conduct prohibited by a provision of 16 AS 11.41.410 - 11.41.460 involving the same or another victim; 17 (C) specified in AS 11.41 that is a crime involving domestic 18 violence and was committed in the physical presence or hearing of a child 19 under 16 years of age who was, at the time of the offense, living within the 20 residence of the victim, the residence of the perpetrator, or the residence where 21 the crime involving domestic violence occurred; 22 (D) specified in AS 11.41 and was committed against a person 23 with whom the defendant has a dating relationship or with whom the defendant 24 has engaged in a sexual relationship; or 25 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 26 the defendant was 10 or more years older than the victim; 27 (19) the defendant's prior criminal history includes an adjudication as a 28 delinquent for conduct that would have been a felony if committed by an adult; 29 (20) the defendant was on furlough under AS 33.30 or on parole or 30 probation for another felony charge or conviction that would be considered a prior 31 felony conviction under AS 12.55.145(a)(1)(B);
01 (21) the defendant has a criminal history of repeated instances of 02 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 03 similar in nature to the offense for which the defendant is being sentenced under this 04 section; 05 (22) the defendant knowingly directed the conduct constituting the 06 offense at a victim because of that person's race, sex, sexual orientation or gender 07 identity, color, creed, physical or mental disability, ancestry, or national origin; 08 (23) the defendant is convicted of an offense specified in AS 11.71 and 09 (A) the offense involved the delivery of a controlled substance 10 under circumstances manifesting an intent to distribute the substance as part of 11 a commercial enterprise; or 12 (B) at the time of the conduct resulting in the conviction, the 13 defendant was caring for or assisting in the care of a child under 10 years of 14 age; 15 (24) the defendant is convicted of an offense specified in AS 11.71 and 16 the offense involved the transportation of controlled substances into the state; 17 (25) the defendant is convicted of an offense specified in AS 11.71 and 18 the offense involved large quantities of a controlled substance; 19 (26) the defendant is convicted of an offense specified in AS 11.71 and 20 the offense involved the distribution of a controlled substance that had been 21 adulterated with a toxic substance; 22 (27) the defendant, being 18 years of age or older, 23 (A) is legally accountable under AS 11.16.110(2) for the 24 conduct of a person who, at the time the offense was committed, was under 18 25 years of age and at least three years younger than the defendant; or 26 (B) is aided or abetted in planning or committing the offense by 27 a person who, at the time the offense was committed, was under 18 years of 28 age and at least three years younger than the defendant; 29 (28) the victim of the offense is a person who provided testimony or 30 evidence related to a prior offense committed by the defendant; 31 (29) the defendant committed the offense for the benefit of, at the
01 direction of, or in association with a criminal street gang; 02 (30) the defendant is convicted of an offense specified in AS 11.41.410 03 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 04 the victim in furtherance of the offense with the intent to make the victim 05 incapacitated; in this paragraph, "incapacitated" has the meaning given in 06 AS 11.41.470; 07 (31) the defendant's prior criminal history includes convictions for five 08 or more crimes in this or another jurisdiction that are class A misdemeanors under the 09 law of this state, or having elements similar to a class A misdemeanor; two or more 10 convictions arising out of a single continuous episode are considered a single 11 conviction; however, an offense is not a part of a continuous episode if committed 12 while attempting to escape or resist arrest or if it is an assault on a uniformed or 13 otherwise clearly identified peace officer or correctional employee; notice and denial 14 of convictions are governed by AS 12.55.145(b) - (d); 15 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 16 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 17 in the administrative offices of a school district if students are educated at that office; 18 in this paragraph, 19 (A) "school bus" has the meaning given in AS 11.71.900; 20 (B) "school district" has the meaning given in AS 47.07.063; 21 (C) "school grounds" has the meaning given in AS 11.71.900; 22 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 23 the defendant had been previously diagnosed as having or having tested positive for 24 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 25 victim to a risk or a fear that the offense could result in the transmission of HIV or 26 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 27 AS 18.15.310; 28 (34) the defendant committed the offense on, or to affect persons or 29 property on, the premises of a recognized shelter or facility providing services to 30 victims of domestic violence or sexual assault; 31 (35) the defendant knowingly directed the conduct constituting the
01 offense at a victim because that person was 65 years of age or older; 02 (36) the defendant committed the offense at a health care facility and 03 knowingly directed the conduct constituting the offense at a medical professional 04 during or because of the medical professional's exercise of professional duties; in this 05 paragraph, 06 (A) "health care facility" has the meaning given in 07 AS 18.07.111; 08 (B) "medical professional" has the meaning given in 09 AS 12.55.135(k); 10 (37) the defendant knowingly caused the victim to become 11 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 12 instrument" has the meaning given in AS 11.81.900(b)(15)(B). 13 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. AS 12.55.155(c), as amended by sec. 1 of this Act, applies to 16 offenses committed on or after the effective date of this Act.