CSHB 66(FIN) am: "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) am 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) the person knowingly manufactures or delivers a controlled 22 substance in violation of AS 11.71.010 - 11.71.030, and a person dies as a direct 23 result of ingestion of the controlled substance; the death is a result that does not 24 require a culpable mental state. 25 * Sec. 2. AS 11.41.120(a) is amended to read: 26 (a) A person commits the crime of manslaughter if the person 27 (1) intentionally, knowingly, or recklessly causes the death of another 28 person under circumstances not amounting to murder in the first or second degree; 29 (2) intentionally aids another person to commit suicide; or 30 (3) knowingly manufactures or delivers a controlled substance in 31 violation of AS 11.71.040(a)(1) [AS 11.71.010 - 11.71.030 OR 11.71.040(a)(1)] for
01 schedule IVA controlled substances, and a person dies as a direct result of ingestion of 02 the controlled substance; the death is a result that does not require a culpable mental 03 state [; IN THIS PARAGRAPH, "INGESTION" MEANS VOLUNTARILY OR 04 INVOLUNTARILY TAKING A SUBSTANCE INTO THE BODY IN ANY 05 MANNER]. 06 * Sec. 3. AS 11.41.140 is amended to read: 07 Sec. 11.41.140. Definitions [DEFINITION]. In AS 11.41.100 - 11.41.140, 08 (1) "ingestion" means voluntarily or involuntarily taking a 09 substance into the body in any manner; 10 (2) "person" means, when referring to the victim of a crime, 11 [MEANS] a human being who has been born and was alive at the time of the criminal 12 act; a [. A] person is "alive" if there is spontaneous respiratory or cardiac function or, 13 when respiratory and cardiac functions are maintained by artificial means, there is 14 spontaneous brain function. 15 * Sec. 4. AS 11.71.010(a) is amended to read: 16 (a) Except as authorized in AS 17.30, a person commits the crime of 17 misconduct involving a controlled substance in the first degree if the person 18 (1) delivers any amount of a schedule IA controlled substance to a 19 person under 19 years of age who is at least three years younger than the person 20 delivering the substance; 21 (2) delivers any amount of a schedule IIA or IIIA controlled substance 22 to a person under 19 years of age who is at least three years younger than the person 23 delivering the substance; [OR] 24 (3) engages in a continuing criminal enterprise; or 25 (4) delivers any amount of a schedule IA, IIA, IIIA, or IVA 26 controlled substance to a person who is 27 (A) mentally incapable; 28 (B) incapacitated; or 29 (C) unaware that a controlled substance is being delivered. 30 * Sec. 5. AS 11.71.010(b) is amended to read: 31 (b) For purposes of this section,
01 (1) a person is engaged in a "continuing criminal enterprise" if 02 (A) [(1)] the person commits a violation of this chapter which 03 is punishable as a felony; and 04 (B) [(2)] that violation is a part of a continuing series of five or 05 more violations of this chapter 06 (i) [(A)] which the person undertakes in concert with at 07 least five other persons organized, supervised, or otherwise managed by 08 the person; and 09 (ii) [(B)] from which the person obtains substantial 10 income or resources; 11 (2) "incapacitated" has the meaning given in AS 11.41.470; 12 (3) "mentally incapable" has the meaning given in AS 11.41.470. 13 * Sec. 6. AS 11.71.021(a) is amended to read: 14 (a) Except as authorized in AS 17.30, a person commits the crime of 15 misconduct involving a controlled substance in the second degree if the person 16 (1) manufactures or delivers any amount of a schedule IA controlled 17 substance or possesses any amount of a schedule IA controlled substance with intent 18 to manufacture or deliver; 19 (2) manufactures any material, compound, mixture, or preparation that 20 contains 21 (A) methamphetamine, or its salts, isomers, or salts of isomers; 22 or 23 (B) an immediate precursor of methamphetamine, or its salts, 24 isomers, or salts of isomers; 25 (3) possesses an immediate precursor of methamphetamine, or the 26 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 27 with the intent to manufacture any material, compound, mixture, or preparation that 28 contains methamphetamine, or its salts, isomers, or salts of isomers; 29 (4) possesses a listed chemical with intent to manufacture any material, 30 compound, mixture, or preparation that contains 31 (A) methamphetamine, or its salts, isomers, or salts of isomers;
01 or 02 (B) an immediate precursor of methamphetamine, or its salts, 03 isomers, or salts of isomers; 04 (5) possesses methamphetamine in an organic solution with intent to 05 extract from it methamphetamine, or its salts, isomers, or salts of isomers; or 06 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 07 delivers 08 (A) an immediate precursor of methamphetamine, or the salts, 09 isomers, or salts of isomers of the immediate precursor of methamphetamine, 10 to another person with reckless disregard that the precursor will be used to 11 manufacture any material, compound, mixture, or preparation that contains 12 methamphetamine, or its salts, isomers, or salts of isomers; [OR] 13 (B) a listed chemical to another person with reckless disregard 14 that the listed chemical will be used to manufacture any material, compound, 15 mixture, or preparation that contains 16 (i) methamphetamine, or its salts, isomers, or salts of 17 isomers; 18 (ii) an immediate precursor of methamphetamine, or its 19 salts, isomers, or salts of isomers; or 20 (iii) methamphetamine, or its salts, isomers, or salts of 21 isomers in an organic solution; or 22 (C) methamphetamine, or its salts, isomers, or salts of 23 isomers. 24 * Sec. 7. AS 11.71.030(a) is amended to read: 25 (a) Except as authorized in AS 17.30, a person commits the crime of 26 misconduct involving a controlled substance in the third degree if the person 27 (1) [REPEALED] 28 (2) delivers any amount of a 29 (A) schedule IVA or [,] VA [, OR VIA] controlled substance to 30 a person under 19 years of age who is at least three years younger than the 31 person delivering the substance; or
01 (B) schedule VIA controlled substance to a person under 18 02 years of age who is at least three years younger than the person delivering 03 the substance; 04 (3) possesses any amount of a schedule IA or IIA controlled substance 05 (A) with reckless disregard that the possession occurs 06 (i) on or within 500 feet of school grounds; or 07 (ii) at or within 500 feet of a recreation or youth center; 08 or 09 (B) on a school bus; 10 (4) [REPEALED] 11 (5) [REPEALED] 12 (6) [REPEALED] 13 (7) [REPEALED] 14 (8) [REPEALED] 15 (9) under circumstances not proscribed under AS 11.71.021(a)(2) - (6), 16 manufactures or delivers any amount of a schedule IIA or IIIA controlled substance or 17 possesses any amount of a schedule IIA or IIIA controlled substance with intent to 18 manufacture or deliver. 19 * Sec. 8. AS 11.71.040(a) is amended to read: 20 (a) Except as authorized in AS 17.30 and AS 17.38, a person commits the 21 crime of misconduct involving a controlled substance in the fourth 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 any amount of a schedule IA controlled substance listed 30 in AS 11.71.140(e); 31 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance
01 (A) with reckless disregard that the possession occurs 02 (i) on or within 500 feet of school grounds; or 03 (ii) at or within 500 feet of a recreation or youth center; 04 or 05 (B) on a school bus; 06 (5) knowingly keeps or maintains any store, shop, warehouse, 07 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 08 keeping or distributing controlled substances in violation of a felony offense under this 09 chapter or AS 17.30; 10 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 11 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 12 mark, imprint, or device of another or any likeness of any of these on a drug, drug 13 container, or labeling so as to render the drug a counterfeit substance; 14 (7) knowingly uses in the course of the manufacture or distribution of a 15 controlled substance a registration number that is fictitious, revoked, suspended, or 16 issued to another person; 17 (8) knowingly furnishes false or fraudulent information in or omits 18 material information from any application, report, record, or other document required 19 to be kept or filed under AS 17.30; 20 (9) obtains possession of a controlled substance by misrepresentation, 21 fraud, forgery, deception, or subterfuge; 22 (10) affixes a false or forged label to a package or other container 23 containing any controlled substance; 24 (11) [REPEALED] 25 (12) violates AS 11.71.050(a)(4) and, within the preceding 10 years, 26 has been previously convicted of a crime under AS 11.71.050(a)(4), or a law or 27 ordinance in this or another jurisdiction with elements similar to AS 11.71.050(a)(4); 28 or 29 (13) delivers any amount of a schedule VIA controlled substance to 30 a person who is 18 years of age who is at least three years younger than the 31 person delivering the substance.
01 * Sec. 9. AS 12.55.125(c) is amended to read: 02 (c) Except as provided in (i) of this section, a defendant convicted of a class A 03 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 04 and shall be sentenced to a definite term within the following presumptive ranges, 05 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 06 (1) if the offense is a first felony conviction and does not involve 07 circumstances described in (2) of this subsection, four to seven years; 08 (2) if the offense is a first felony conviction 09 (A) and the defendant possessed a firearm, used a dangerous 10 instrument, or caused serious physical injury or death during the commission 11 of the offense, or knowingly directed the conduct constituting the offense at a 12 uniformed or otherwise clearly identified peace officer, firefighter, correctional 13 employee, emergency medical technician, paramedic, ambulance attendant, or 14 other emergency responder who was engaged in the performance of official 15 duties at the time of the offense, seven to 11 years; 16 (B) and the conviction is for manufacturing related to 17 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 18 (i) the manufacturing occurred in a building with 19 reckless disregard that the building was used as a permanent or 20 temporary home or place of lodging for one or more children under 18 21 years of age or the building was a place frequented by children; or 22 (ii) in the course of manufacturing or in preparation for 23 manufacturing, the defendant obtained the assistance of one or more 24 children under 18 years of age or one or more children were present; 25 (C) and the conviction is for manufacturing or delivery 26 under AS 11.71.021(a)(1) related to a schedule IA controlled substance set 27 out in AS 11.71.140(c)(29) or under AS 11.71.021(a)(6) related to a 28 schedule IIA controlled substance set out in AS 11.71.150(e)(2), seven to 11 29 years; 30 (3) if the offense is a second felony conviction, 10 to 14 years; 31 (4) if the offense is a third felony conviction and the defendant is not
01 subject to sentencing under (l) of this section, 15 to 20 years. 02 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. AS 11.41.110(a), as amended by sec. 1 of this Act, AS 11.41.120(a), as 05 amended by sec. 2 of this Act, AS 11.41.140, as amended by sec. 3 of this Act, 06 AS 11.71.010(a), as amended by sec. 4 of this Act, AS 11.71.010(b), as amended by sec. 5 of 07 this Act, AS 11.71.021(a), as amended by sec. 6 of this Act, AS 11.71.030(a), as amended by 08 sec. 7 of this Act, AS 11.71.040(a), as amended by sec. 8 of this Act, and AS 12.55.125(c), as 09 amended by sec. 9 of this Act, apply to offenses committed on or after the effective date of 10 this Act. 11 * Sec. 11. This Act takes effect July 1, 2023.