00                      CS FOR SENATE BILL NO. 229(JUD)                                                                   
01 "An Act relating to historic, prehistoric, or archeological resources; and relating to                                  
02 unlawful acts involving historic, prehistoric, or archeological resources."                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 41.35.200(b) is amended to read:                                                                   
05 (b)  A person may not possess, sell, buy, or transport within the state, or offer                                       
06 to sell, buy, or transport within the state, historic, prehistoric, or archeological                                    
07 resources taken or acquired in violation of this section or 18 U.S.C. 1866(b) [16                                   
08       U.S.C. 433].                                                                                                      
09    * Sec. 2. AS 41.35.210 is amended to read:                                                                         
10            Sec. 41.35.210. Criminal penalties. Except as provided by (b) of this                                    
11       section, a [A] person who knowingly violates [IS CONVICTED OF VIOLATING A                                 
12       PROVISION OF] AS 41.35.010 - 41.35.240 is guilty of a class A misdemeanor.                                        
13    * Sec. 3. AS 41.35.210 is amended by adding new subsections to read:                                               
14            (b)  If a person intentionally violates AS 41.35.200(a) or (b), and the value of                             

01 the affected historic, prehistoric, or archeological resource is equal to or greater than                               
02 $10,000 or the affected resource is of significant historical value to the state, the                                   
03       person is guilty of a class C felony punishable as provided in AS 12.55.                                          
04 (c)  If it is necessary in prosecuting a violation of AS 41.35.010 - 41.35.240 to                                       
05 determine the value of a historic, prehistoric, or archaeological resource, the appraised                               
06 value of the historic, prehistoric, or archeological resource at the time and place of the                              
07 crime is the value. In determining the degree or classification of a crime under this                                   
08 section, amounts involved in criminal acts committed under one course of conduct,                                       
09       whether from the same person or several persons, shall be aggregated.                                             
10            (d)  In this section, "intentionally" and "knowingly" have the meanings given                                
11       in AS 11.81.900(a).                                                                                               
12    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
13 read:                                                                                                                   
14       APPLICABILITY. AS 41.35.200(b), as amended by sec. 1 of this Act, AS 41.35.210,                                   
15 as amended by sec. 2 of this Act, and AS 41.35.210(b) - (d), added by sec. 3 of this Act, apply                         
16 to offenses committed on or after the effective date of this Act.