HB 239: "An Act relating to criminally negligent homicide; relating to the duty of an operator immediately after an accident; and providing for an effective date."
00 HOUSE BILL NO. 239 01 "An Act relating to criminally negligent homicide; relating to the duty of an operator 02 immediately after an accident; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41.130(b) is amended to read: 05 (b) Criminally negligent homicide is a 06 (1) class B felony; or 07 (2) class A felony if the person caused the death of another person 08 while operating a motor vehicle and knowingly failed to stop and render 09 reasonable assistance as required under AS 28.35.050 and 28.35.060. 10 * Sec. 2. AS 11.41.170(b) is amended to read: 11 (b) Criminally negligent homicide of an unborn child is 12 (1) a class B felony; or 13 (2) class A felony if the person caused the death of another person 14 while operating a motor vehicle and knowingly failed to stop and render
01 reasonable assistance as required under AS 28.35.050 and 28.35.060. 02 * Sec. 3. AS 12.55.125(c) is amended to read: 03 (c) Except as provided in (i) of this section, a defendant convicted of a class A 04 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 05 and shall be sentenced to a definite term within the following presumptive ranges, 06 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 07 (1) if the offense is a first felony conviction and does not involve 08 circumstances described in (2) of this subsection, four to seven years; 09 (2) if the offense is a first felony conviction 10 (A) and the defendant possessed a firearm, used a dangerous 11 instrument, or caused serious physical injury or death during the commission 12 of the offense, or knowingly directed the conduct constituting the offense at a 13 uniformed or otherwise clearly identified peace officer, firefighter, correctional 14 employee, emergency medical technician, paramedic, ambulance attendant, or 15 other emergency responder who was engaged in the performance of official 16 duties at the time of the offense, seven to 11 years; 17 (B) and the conviction is for manufacturing related to 18 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 19 (i) the manufacturing occurred in a building with 20 reckless disregard that the building was used as a permanent or 21 temporary home or place of lodging for one or more children under 18 22 years of age or the building was a place frequented by children; or 23 (ii) in the course of manufacturing or in preparation for 24 manufacturing, the defendant obtained the assistance of one or more 25 children under 18 years of age or one or more children were present; 26 (C) and the conviction is for manufacturing or delivery under 27 AS 11.71.021(a)(1) related to a schedule IA controlled substance set out in 28 AS 11.71.140(c)(29) or under AS 11.71.021(a)(6) related to a schedule IIA 29 controlled substance set out in AS 11.71.150(e)(2), four to 11 years; 30 (D) and the conviction is for criminally negligent homicide 31 under AS 11.41.130(b)(2) or criminally negligent homicide of an unborn
01 child under AS 11.41.170(b)(2), seven to 11 years; 02 (3) if the offense is a second felony conviction, 10 to 14 years; 03 (4) if the offense is a third felony conviction and the defendant is not 04 subject to sentencing under (l) of this section, 15 to 20 years. 05 * Sec. 4. AS 12.55.127(c) is amended to read: 06 (c) If the defendant is being sentenced for 07 (1) escape, the term of imprisonment shall be consecutive to the term 08 for the underlying crime; 09 (2) two or more crimes under AS 11.41, a consecutive term of 10 imprisonment shall be imposed for at least 11 (A) the mandatory minimum term under AS 12.55.125(a) for 12 each additional crime that is murder in the first degree; 13 (B) the mandatory minimum term for each additional crime 14 that is an unclassified felony governed by AS 12.55.125(b); 15 (C) the presumptive term specified in AS 12.55.125(c) or the 16 active term of imprisonment, whichever is less, for each additional crime that 17 is 18 (i) manslaughter; or 19 (ii) kidnapping that is a class A felony; 20 (D) two years or the active term of imprisonment, whichever is 21 less, for each additional crime that is criminally negligent homicide, except as 22 provided in (4) of this subsection; 23 (E) one-fourth of the presumptive term under AS 12.55.125(c) 24 or (i) for each additional crime that is sexual assault in the first degree under 25 AS 11.41.410 or sexual abuse of a minor in the first degree under 26 AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 27 offenses; and 28 (F) some additional term of imprisonment for each additional 29 crime, or each additional attempt or solicitation to commit the offense, under 30 AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 31 11.41.500 - 11.41.520;
01 (3) two or more crimes of violation of condition of release under 02 AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 03 additional term of imprisonment for the underlying crime and each additional crime 04 under AS 11.56.757; 05 (4) criminally negligent homicide under AS 11.41.130(b)(2) or 06 criminally negligent homicide of an unborn child under AS 11.41.170(b)(2), a 07 consecutive term of imprisonment shall be imposed for each additional crime 08 under AS 28.35.050 or 28.35.060; the consecutive term of imprisonment may not 09 be less than 10 years. 10 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. This Act applies to offenses committed on or after the effective 13 date of this Act. 14 * Sec. 6. This Act takes effect July 1, 2026.