CSHB 66(JUD): "An Act relating to homicide resulting from conduct involving controlled substances; relating to misconduct involving a controlled substance in the first degree; relating to sentencing; relating to the computation of good time; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 66(JUD) 01 "An Act relating to homicide resulting from conduct involving controlled substances; 02 relating to misconduct involving a controlled substance in the first degree; relating to 03 sentencing; relating to the computation of good time; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.41.110(a) is amended to read: 07 (a) A person commits the crime of murder in the second degree if 08 (1) with intent to cause serious physical injury to another person or 09 knowing that the conduct is substantially certain to cause death or serious physical 10 injury to another person, the person causes the death of any person; 11 (2) the person knowingly engages in conduct that results in the death 12 of another person under circumstances manifesting an extreme indifference to the 13 value of human life; 14 (3) under circumstances not amounting to murder in the first degree
01 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 02 person commits or attempts to commit arson in the first degree, kidnapping, sexual 03 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 04 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 05 degree, escape in the first or second degree, robbery in any degree, or misconduct 06 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 07 or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 08 in immediate flight from that crime, any person causes the death of a person other than 09 one of the participants; 10 (4) acting with a criminal street gang, the person commits or attempts 11 to commit a crime that is a felony and, in the course of or in furtherance of that crime 12 or in immediate flight from that crime, any person causes the death of a person other 13 than one of the participants; or 14 (5) the person with criminal negligence causes the death of a child 15 under the age of 16, and the person has been previously convicted of a crime involving 16 a child under the age of 16 that was 17 (A) a felony violation of AS 11.41; 18 (B) in violation of a law or ordinance in another jurisdiction 19 with elements similar to a felony under AS 11.41; [OR] 20 (C) an attempt, a solicitation, or a conspiracy to commit a 21 crime listed in (A) or (B) of this paragraph; or 22 (6) the person knowingly manufactures or delivers a controlled 23 substance in violation of AS 11.71.010 - 11.71.030 or 11.71.040(a)(1) for schedule 24 IVA controlled substances, and a person dies as a direct result of ingestion of the 25 controlled substance; the death is a result that does not require a culpable mental 26 state; in this paragraph, "ingestion" means voluntarily or involuntarily taking a 27 substance into the body in any manner. 28 * Sec. 2. AS 11.71.010(a) is amended to read: 29 (a) Except as authorized in AS 17.30, a person commits the crime of 30 misconduct involving a controlled substance in the first degree if the person 31 (1) delivers any amount of a schedule IA controlled substance to a
01 person under 19 years of age who is at least three years younger than the person 02 delivering the substance; 03 (2) delivers any amount of a schedule IIA or IIIA controlled substance 04 to a person under 19 years of age who is at least three years younger than the person 05 delivering the substance; [OR] 06 (3) engages in a continuing criminal enterprise; or 07 (4) delivers any amount of a schedule IA, IIA, IIIA, or IVA 08 controlled substance to a person who is 09 (A) mentally incapable; 10 (B) incapacitated; or 11 (C) unaware that a controlled substance is being delivered. 12 * Sec. 3. AS 11.71.010(b) is amended to read: 13 (b) For purposes of this section, 14 (1) a person is engaged in a "continuing criminal enterprise" if 15 (A) [(1)] the person commits a violation of this chapter which 16 is punishable as a felony; and 17 (B) [(2)] that violation is a part of a continuing series of five or 18 more violations of this chapter 19 (i) [(A)] which the person undertakes in concert with at 20 least five other persons organized, supervised, or otherwise managed by 21 the person; and 22 (ii) [(B)] from which the person obtains substantial 23 income or resources; 24 (2) "incapacitated" has the meaning given in AS 11.41.470; 25 (3) "mentally incapable" has the meaning given in AS 11.41.470. 26 * Sec. 4. AS 12.55.125(c) is amended to read: 27 (c) Except as provided in (i) of this section, a defendant convicted of a class A 28 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 29 and shall be sentenced to a definite term within the following presumptive ranges, 30 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 31 (1) if the offense is a first felony conviction and does not involve
01 circumstances described in (2) of this subsection, four to seven years; 02 (2) if the offense is a first felony conviction 03 (A) and the defendant possessed a firearm, used a dangerous 04 instrument, or caused serious physical injury or death during the commission 05 of the offense, or knowingly directed the conduct constituting the offense at a 06 uniformed or otherwise clearly identified peace officer, firefighter, correctional 07 employee, emergency medical technician, paramedic, ambulance attendant, or 08 other emergency responder who was engaged in the performance of official 09 duties at the time of the offense, seven to 11 years; 10 (B) and the conviction is for manufacturing related to 11 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 12 (i) the manufacturing occurred in a building with 13 reckless disregard that the building was used as a permanent or 14 temporary home or place of lodging for one or more children under 18 15 years of age or the building was a place frequented by children; or 16 (ii) in the course of manufacturing or in preparation for 17 manufacturing, the defendant obtained the assistance of one or more 18 children under 18 years of age or one or more children were present; 19 (C) and the conviction is for manufacturing or delivery 20 related to a schedule IA controlled substance, seven to 11 years; 21 (3) if the offense is a second felony conviction, 10 to 14 years; 22 (4) if the offense is a third felony conviction and the defendant is not 23 subject to sentencing under (l) of this section, 15 to 20 years. 24 * Sec. 5. AS 33.20.010(a) is amended to read: 25 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 26 convicted of an offense against the state or a political subdivision of the state and 27 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction 28 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 29 follows the rules of the correctional facility in which the prisoner is confined. A 30 prisoner is not eligible for a good time deduction if the prisoner has been sentenced 31 (1) to a mandatory 99-year term of imprisonment under
01 AS 12.55.125(a) after June 27, 1996; 02 (2) to a definite term under AS 12.55.125(l); 03 (3) for a sexual felony under AS 12.55.125(i) 04 (A) and has one or more prior sexual felony convictions as 05 determined under AS 12.55.145(a)(4); [OR] 06 (B) that is an unclassified or a class A felony; or 07 (4) for an unclassified felony under AS 11.41.100 or 11.41.110; or 08 (5) for a felony under AS 11.71.010 - 11.71.040 for conduct 09 involving manufacturing or delivering, or possessing with the intent to 10 manufacture or deliver, a controlled substance. 11 * Sec. 6. AS 11.41.120(a)(3) is repealed. 12 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. AS 11.41.110(a), as amended by sec. 1 of this Act, 15 AS 11.71.010(a), as amended by sec. 2 of this Act, AS 11.71.010(b), as amended by sec. 3 of 16 this Act, AS 12.55.125(c), as amended by sec. 4 of this Act, and AS 33.20.010(a), as amended 17 by sec. 5 of this Act, apply to offenses committed on or after the effective date of this Act. 18 * Sec. 8. This Act takes effect July 1, 2023.