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HOUSE BILL NO. 261
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE JOSEPHSON
Introduced: 1/16/24
Referred: Judiciary, State Affairs
A BILL
FOR AN ACT ENTITLED
1 "An Act establishing certain offenses concerning vehicular homicide; relating to
2 homicide; relating to attorney fees; relating to preservation of evidence; relating to
3 authorization to intercept communications; relating to juror counseling; relating to
4 temporary detention and identification of persons; relating to fines; relating to
5 sentencing; relating to voter eligibility; relating to the Violent Crimes Compensation
6 Board; relating to license revocation; and providing for an effective date."
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
8 * Section 1. AS 09.60.070(c) is amended to read:
9 (c) In this section, "serious criminal offense" means the following offenses:
10 (1) murder in any degree;
11 (2) manslaughter;
12 (3) criminally negligent homicide;
13 (4) vehicular homicide;
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1 (5) vehicular manslaughter;
2 (6) criminally negligent vehicular homicide;
3 (7) assault in any degree;
4 (8) [(5)] kidnapping;
5 (9) [(6)] sexual assault in any degree;
6 (10) [(7)] sexual abuse of a minor in any degree;
7 (11) [(8)] robbery in any degree;
8 (12) [(9)] coercion;
9 (13) [(10)] extortion;
10 (14) [(11)] arson in any degree;
11 (15) [(12)] burglary in any degree;
12 (16) [(13)] criminal mischief in the first, second, third, or fourth
13 degree;
14 (17) [(14)] driving while under the influence of an alcoholic beverage,
15 inhalant, or controlled substance or another crime resulting from the operation of a
16 motor vehicle, boat, or airplane when the offender is under the influence of an
17 alcoholic beverage, inhalant, or controlled substance;
18 (18) [(15)] a crime involving domestic violence, as defined in
19 AS 18.66.990.
20 * Sec. 2. AS 11.41.110(a) is amended to read:
21 (a) A person commits the crime of murder in the second degree if
22 (1) with intent to cause serious physical injury to another person or
23 knowing that the conduct is substantially certain to cause death or serious physical
24 injury to another person, the person causes the death of any person;
25 (2) the person knowingly engages in conduct that results in the death
26 of another person under circumstances
27 (A) not amounting to vehicular homicide under
28 AS 11.41.131; and
29 (B) manifesting an extreme indifference to the value of human
30 life;
31 (3) under circumstances not amounting to murder in the first degree
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1 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the
2 person commits or attempts to commit arson in the first degree, kidnapping, sexual
3 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor
4 in the first degree, sexual abuse of a minor in the second degree, burglary in the first
5 degree, escape in the first or second degree, robbery in any degree, or misconduct
6 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2)
7 or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or
8 in immediate flight from that crime, any person causes the death of a person other than
9 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.
22 * Sec. 3. AS 11.41.115(c) is amended to read:
23 (c) A person may not be convicted of murder in the second degree under
24 AS 11.41.110(a)(3) if the only underlying crime is burglary, the sole purpose of the
25 burglary is a criminal homicide, and the person killed is the intended victim of the
26 defendant. However, if the defendant causes the death of any other person, the
27 defendant may be convicted of murder in the second degree under AS 11.41.110(a)(3).
28 Nothing in this subsection precludes a prosecution for or conviction of murder in the
29 first degree or murder in the second degree under AS 11.41.110(a)(1) or (2) or of any
30 other crime, including manslaughter, vehicular homicide, vehicular manslaughter,
31 or burglary.
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1 * Sec. 4. AS 11.41.120(a) is amended to read:
2 (a) A person commits the crime of manslaughter if the person
3 (1) intentionally, knowingly, or recklessly causes the death of another
4 person under circumstances not amounting to murder in the first or second degree,
5 vehicular homicide under AS 11.41.131, or vehicular manslaughter under
6 AS 11.41.132;
7 (2) intentionally aids another person to commit suicide; or
8 (3) knowingly manufactures or delivers a controlled substance in
9 violation of AS 11.71.010 - 11.71.030 or 11.71.040(a)(1) for schedule IVA controlled
10 substances, and a person dies as a direct result of ingestion of the controlled substance;
11 the death is a result that does not require a culpable mental state; in this paragraph,
12 "ingestion" means voluntarily or involuntarily taking a substance into the body in any
13 manner.
14 * Sec. 5. AS 11.41.130(a) is amended to read:
15 (a) A person commits the crime of criminally negligent homicide if, under
16 circumstances not amounting to criminally negligent vehicular homicide under
17 AS 11.41.133, and with criminal negligence, the person causes the death of another
18 person.
19 * Sec. 6. AS 11.41 is amended by adding new sections to read:
20 Sec. 11.41.131. Vehicular homicide. (a) A person commits the crime of
21 vehicular homicide if the person operates a motor vehicle in a manner that causes the
22 death of another person under circumstances manifesting an extreme indifference to
23 the value of human life.
24 (b) Vehicular homicide is an unclassified felony and is punishable as provided
25 in AS 12.55.
26 Sec. 11.41.132. Vehicular manslaughter. (a) A person commits the crime of
27 vehicular manslaughter if the person recklessly operates a motor vehicle in a manner
28 that causes the death of another person under circumstances not amounting to
29 vehicular homicide.
30 (b) Vehicular manslaughter in the second degree is a class A felony.
31 Sec. 11.41.133. Criminally negligent vehicular homicide. (a) A person
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1 commits the crime of criminally negligent vehicular homicide if, with criminal
2 negligence, the person operates a motor vehicle in a manner that causes the death of
3 another person.
4 (b) Criminally negligent vehicular homicide is a class B felony.
5 * Sec. 7. AS 11.41.135 is amended to read:
6 Sec. 11.41.135. Multiple deaths. If more than one person dies as a result of a
7 person committing conduct constituting a crime specified in AS 11.41.100 - 11.41.133
8 [AS 11.41.100 - 11.41.130], each death constitutes a separately punishable offense.
9 * Sec. 8. AS 11.41.140 is amended to read:
10 Sec. 11.41.140. Definitions [DEFINITION]. In AS 11.41.100 - 11.41.140,
11 (1) "motor vehicle" has the meaning given in AS 28.90.990(a);
12 (2) "person," [,] when referring to the victim of a crime, means a
13 human being who has been born and was alive at the time of the criminal act; a [. A]
14 person is "alive" if there is spontaneous respiratory or cardiac function or, when
15 respiratory and cardiac functions are maintained by artificial means, there is
16 spontaneous brain function.
17 * Sec. 9. AS 11.81.250(a) is amended to read:
18 (a) For purposes of sentencing under AS 12.55, all offenses defined in this
19 title, except murder in the first and second degree, attempted murder in the first
20 degree, solicitation to commit murder in the first degree, conspiracy to commit murder
21 in the first degree, vehicular homicide, murder of an unborn child, sexual assault in
22 the first degree, sexual abuse of a minor in the first degree, misconduct involving a
23 controlled substance in the first degree, sex trafficking in the first degree under
24 AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their seriousness,
25 according to the type of injury characteristically caused or risked by commission of
26 the offense and the culpability of the offender. Except for murder in the first and
27 second degree, attempted murder in the first degree, solicitation to commit murder in
28 the first degree, conspiracy to commit murder in the first degree, vehicular homicide,
29 murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor
30 in the first degree, misconduct involving a controlled substance in the first degree, sex
31 trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, the offenses
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1 in this title are classified into the following categories:
2 (1) class A felonies, which characteristically involve conduct resulting
3 in serious physical injury or a substantial risk of serious physical injury to a person;
4 (2) class B felonies, which characteristically involve conduct resulting
5 in less severe violence against a person than class A felonies, aggravated offenses
6 against property interests, or aggravated offenses against public administration or
7 order;
8 (3) class C felonies, which characteristically involve conduct serious
9 enough to deserve felony classification but not serious enough to be classified as A or
10 B felonies;
11 (4) class A misdemeanors, which characteristically involve less severe
12 violence against a person, less serious offenses against property interests, less serious
13 offenses against public administration or order, or less serious offenses against public
14 health and decency than felonies;
15 (5) class B misdemeanors, which characteristically involve a minor
16 risk of physical injury to a person, minor offenses against property interests, minor
17 offenses against public administration or order, or minor offenses against public health
18 and decency;
19 (6) violations, which characteristically involve conduct inappropriate
20 to an orderly society but which do not denote criminality in their commission.
21 * Sec. 10. AS 11.81.250(b) is amended to read:
22 (b) The classification of each felony defined in this title, except murder in the
23 first and second degree, attempted murder in the first degree, solicitation to commit
24 murder in the first degree, conspiracy to commit murder in the first degree, vehicular
25 homicide, murder of an unborn child, sexual assault in the first degree, sexual abuse
26 of a minor in the first degree, misconduct involving a controlled substance in the first
27 degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, is
28 designated in the section defining it. A felony under the law of this state defined
29 outside this title for which no penalty is specifically provided is a class C felony.
30 * Sec. 11. AS 12.10.010(a) is amended to read:
31 (a) Prosecution for the following offenses may be commenced at any time:
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1 (1) murder;
2 (2) attempt, solicitation, or conspiracy to commit murder or hindering
3 the prosecution of murder;
4 (3) felony sexual abuse of a minor;
5 (4) sexual assault that is an unclassified, class A, or class B felony or a
6 violation of AS 11.41.425(a)(2) - (4);
7 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458,
8 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person
9 who, at the time of the offense, was under 18 years of age;
10 (6) kidnapping;
11 (7) distribution of child pornography in violation of AS 11.61.125;
12 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an
13 unclassified, class A, or class B felony or that is committed against a person who, at
14 the time of the offense, was under 20 years of age;
15 (9) human trafficking in violation of AS 11.41.360 or 11.41.365;
16 (10) vehicular homicide, vehicular manslaughter, or criminally
17 negligent vehicular homicide.
18 * Sec. 12. AS 12.36.200(a) is amended to read:
19 (a) Notwithstanding AS 12.36.010 - 12.36.090, the Department of Law, the
20 Department of Public Safety, the Alaska Court System, or a municipal law
21 enforcement agency shall preserve
22 (1) all evidence that is obtained in relation to an investigation or
23 prosecution of a crime under AS 11.41.100 - 11.41.133 [AS 11.41.100 - 11.41.130],
24 11.41.410, or 11.41.434 for the period of time that the crime remains unsolved or 50
25 years, whichever ends first;
26 (2) biological evidence in an amount and manner that is sufficient to
27 develop a DNA profile from any material contained in or included on the evidence
28 that was obtained in relation to the prosecution of a person convicted of, or
29 adjudicated a delinquent for, a crime under AS 11.41.100 - 11.41.133 [AS 11.41.100 -
30 11.41.130], a person convicted of a crime after being indicted under AS 11.41.410 or
31 11.41.434 while the person remains a prisoner in the custody of the Department of
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