00                            SENATE BILL NO. 265                                                                         
01 "An Act relating to the duty of an operator immediately after an accident."                                             
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 28.35.060(b) is amended to read:                                                                   
04 (b)  Except as provided in (c) or (d) of this section, a person who fails to                                        
05 comply with any of the requirements of this section is, upon conviction, punishable by                                  
06 imprisonment for not more than one year, or by a fine of not more than $500, or by                                      
07 both. This provision does not apply to a person incapacitated by the accident to the                                    
08       extent that the person is physically incapable of complying with the requirement.                                 
09    * Sec. 2. AS 28.35.060(c) is amended to read:                                                                      
10 (c)  A person who fails to comply with a requirement of this section regarding                                          
11 assisting an injured person is, upon conviction, guilty of a class B felony, punishable                             
12 as provided in AS 12.55 [BY IMPRISONMENT FOR NOT MORE THAN 10                                                       
13 YEARS, OR BY A FINE OF NOT MORE THAN $10,000, OR BY BOTH]. This                                                         
14 provision does not apply to a person incapacitated by the accident to the extent that the                               
15       person is physically incapable of complying with the requirement.                                                 

01    * Sec. 3. AS 28.35.060 is amended by adding a new subsection to read:                                              
02 (d)  A person who fails to comply with a requirement of this section regarding                                          
03 failure to render reasonable assistance is, upon conviction, guilty of a class A felony                                 
04 punishable as provided in AS 12.55 and for a first felony conviction shall be sentenced                                 
05 to a presumptive term of imprisonment of seven to 11 years, if the person caused the                                    
06 death of another person while operating a motor vehicle and is convicted of criminally                                  
07 negligent homicide under AS 11.41.130 or of criminally negligent homicide of an                                         
08       unborn child under AS 11.41.170.                                                                                  
09    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
10 read:                                                                                                                   
11       APPLICABILITY. AS 28.35.060(b), as amended by sec. 1 of this Act,                                                 
12 AS 28.35.060(c), as amended by sec. 2 of this Act, and AS 28.35.060(d), enacted by sec. 3 of                            
13 this Act, apply to offenses committed on or after the effective date of this Act.