CSHB 66(FIN): "An Act relating to homicide resulting from conduct involving controlled substances; relating to misconduct involving a controlled substance; relating to sentencing; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 66(FIN) 01 "An Act relating to homicide resulting from conduct involving controlled substances; 02 relating to misconduct involving a controlled substance; relating to sentencing; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.41.110(a) is amended to read: 06 (a) A person commits the crime of murder in the second degree if 07 (1) with intent to cause serious physical injury to another person or 08 knowing that the conduct is substantially certain to cause death or serious physical 09 injury to another person, the person causes the death of any person; 10 (2) the person knowingly engages in conduct that results in the death 11 of another person under circumstances manifesting an extreme indifference to the 12 value of human life; 13 (3) under circumstances not amounting to murder in the first degree 14 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the
01 person commits or attempts to commit arson in the first degree, kidnapping, sexual 02 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 03 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 04 degree, escape in the first or second degree, robbery in any degree, or misconduct 05 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 06 or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 07 in immediate flight from that crime, any person causes the death of a person other than 08 one of the participants; 09 (4) acting with a criminal street gang, the person commits or attempts 10 to commit a crime that is a felony and, in the course of or in furtherance of that crime 11 or in immediate flight from that crime, any person causes the death of a person other 12 than one of the participants; [OR] 13 (5) the person with criminal negligence causes the death of a child 14 under the age of 16, and the person has been previously convicted of a crime involving 15 a child under the age of 16 that was 16 (A) a felony violation of AS 11.41; 17 (B) in violation of a law or ordinance in another jurisdiction 18 with elements similar to a felony under AS 11.41; [OR] 19 (C) an attempt, a solicitation, or a conspiracy to commit a 20 crime listed in (A) or (B) of this paragraph; or 21 (6) another person dies as a direct result of ingesting a controlled 22 substance that is knowingly manufactured or delivered by the person in violation 23 of 24 (A) AS 11.71.010 - 11.71.030; or 25 (B) AS 11.71.040(a)(1) for schedule IVA controlled 26 substances. 27 * Sec. 2. AS 11.41.110 is amended by adding new subsections to read: 28 (c) A death under (a)(6) of this section is a result that does not require a 29 culpable mental state. 30 (d) In (a)(6) of this section, "ingesting" means voluntarily or involuntarily 31 taking a substance into the body in any manner.
01 * Sec. 3. AS 11.71.010(a) is amended to read: 02 (a) Except as authorized in AS 17.30, a person commits the crime of 03 misconduct involving a controlled substance in the first degree if the person 04 (1) delivers any amount of a schedule IA controlled substance to a 05 person under 19 years of age who is at least three years younger than the person 06 delivering the substance; 07 (2) delivers any amount of a schedule IIA or IIIA controlled substance 08 to a person under 19 years of age who is at least three years younger than the person 09 delivering the substance; [OR] 10 (3) engages in a continuing criminal enterprise; or 11 (4) delivers any amount of a schedule IA, IIA, IIIA, or IVA 12 controlled substance to a person who is 13 (A) mentally incapable; 14 (B) incapacitated; or 15 (C) unaware that a controlled substance is being delivered. 16 * Sec. 4. AS 11.71.010(b) is amended to read: 17 (b) For purposes of this section, 18 (1) a person is engaged in a "continuing criminal enterprise" if 19 (A) [(1)] the person commits a violation of this chapter which 20 is punishable as a felony; and 21 (B) [(2)] that violation is a part of a continuing series of five or 22 more violations of this chapter 23 (i) [(A)] which the person undertakes in concert with at 24 least five other persons organized, supervised, or otherwise managed by 25 the person; and 26 (ii) [(B)] from which the person obtains substantial 27 income or resources; 28 (2) "incapacitated" has the meaning given in AS 11.41.470; 29 (3) "mentally incapable" has the meaning given in AS 11.41.470. 30 * Sec. 5. 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 degree if the person 02 (1) [REPEALED] 03 (2) delivers any amount of a 04 (A) schedule IVA or [,] VA [, OR VIA] controlled substance to 05 a person under 19 years of age who is at least three years younger than the 06 person delivering the substance; or 07 (B) schedule VIA controlled substance to a person under 18 08 years of age who is at least three years younger than the person delivering 09 the substance; 10 (3) possesses any amount of a schedule IA or IIA controlled substance 11 (A) with reckless disregard that the possession occurs 12 (i) on or within 500 feet of school grounds; or 13 (ii) at or within 500 feet of a recreation or youth center; 14 or 15 (B) on a school bus; 16 (4) [REPEALED] 17 (5) [REPEALED] 18 (6) [REPEALED] 19 (7) [REPEALED] 20 (8) [REPEALED] 21 (9) under circumstances not proscribed under AS 11.71.021(a)(2) - (6), 22 manufactures or delivers any amount of a schedule IIA or IIIA controlled substance or 23 possesses any amount of a schedule IIA or IIIA controlled substance with intent to 24 manufacture or deliver. 25 * Sec. 6. AS 11.71.040(a) is amended to read: 26 (a) Except as authorized in AS 17.30 and AS 17.38, a person commits the 27 crime of misconduct involving a controlled substance in the fourth degree if the person 28 (1) manufactures or delivers any amount of a schedule IVA or VA 29 controlled substance or possesses any amount of a schedule IVA or VA controlled 30 substance with intent to manufacture or deliver; 31 (2) manufactures or delivers, or possesses with the intent to
01 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 02 of an aggregate weight of one ounce or more containing a schedule VIA controlled 03 substance; 04 (3) possesses any amount of a schedule IA controlled substance listed 05 in AS 11.71.140(e); 06 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 07 (A) with reckless disregard that the possession occurs 08 (i) on or within 500 feet of school grounds; or 09 (ii) at or within 500 feet of a recreation or youth center; 10 or 11 (B) on a school bus; 12 (5) knowingly keeps or maintains any store, shop, warehouse, 13 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 14 keeping or distributing controlled substances in violation of a felony offense under this 15 chapter or AS 17.30; 16 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 17 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 18 mark, imprint, or device of another or any likeness of any of these on a drug, drug 19 container, or labeling so as to render the drug a counterfeit substance; 20 (7) knowingly uses in the course of the manufacture or distribution of a 21 controlled substance a registration number that is fictitious, revoked, suspended, or 22 issued to another person; 23 (8) knowingly furnishes false or fraudulent information in or omits 24 material information from any application, report, record, or other document required 25 to be kept or filed under AS 17.30; 26 (9) obtains possession of a controlled substance by misrepresentation, 27 fraud, forgery, deception, or subterfuge; 28 (10) affixes a false or forged label to a package or other container 29 containing any controlled substance; 30 (11) [REPEALED] 31 (12) violates AS 11.71.050(a)(4) and, within the preceding 10 years,
01 has been previously convicted of a crime under AS 11.71.050(a)(4), or a law or 02 ordinance in this or another jurisdiction with elements similar to AS 11.71.050(a)(4); 03 or 04 (13) delivers any amount of a schedule VIA controlled substance to 05 a person who is 18 years of age who is at least three years younger than the 06 person delivering the substance. 07 * Sec. 7. AS 12.55.125(c) is amended to read: 08 (c) Except as provided in (i) of this section, a defendant convicted of a class A 09 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 10 and shall be sentenced to a definite term within the following presumptive ranges, 11 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 12 (1) if the offense is a first felony conviction and does not involve 13 circumstances described in (2) of this subsection, four to seven years; 14 (2) if the offense is a first felony conviction 15 (A) and the defendant possessed a firearm, used a dangerous 16 instrument, or caused serious physical injury or death during the commission 17 of the offense, or knowingly directed the conduct constituting the offense at a 18 uniformed or otherwise clearly identified peace officer, firefighter, correctional 19 employee, emergency medical technician, paramedic, ambulance attendant, or 20 other emergency responder who was engaged in the performance of official 21 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 under 18 27 years of age or the building was a place frequented by children; or 28 (ii) in the course of manufacturing or in preparation for 29 manufacturing, the defendant obtained the assistance of one or more 30 children under 18 years of age or one or more children were present; 31 (C) and the conviction is for manufacturing or delivery
01 under AS 11.71.021(a)(1) related to a schedule IA controlled substance set 02 out in AS 11.71.140(c)(29), seven to 11 years; 03 (3) if the offense is a second felony conviction, 10 to 14 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 to 20 years. 06 * Sec. 8. AS 11.41.120(a)(3) is repealed. 07 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. AS 11.41.110(a), as amended by sec. 1 of this Act, 10 AS 11.41.110(c) and (d), added by sec. 2 of this Act, AS 11.71.010(a), as amended by sec. 3 11 of this Act, AS 11.71.010(b), as amended by sec. 4 of this Act, AS 11.71.030(a), as amended 12 by sec. 5 of this Act, AS 11.71.040(a), as amended by sec. 6 of this Act, and AS 12.55.125(c), 13 as amended by sec. 7 of this Act, apply to offenses committed on or after the effective date of 14 this Act. 15 * Sec. 10. This Act takes effect July 1, 2023.