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HOUSE BILL NO. 311
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTIETH LEGISLATURE - SECOND SESSION
BY REPRESENTATIVES JOHNSON, Millett, LeDoux, Reinbold, Eastman
Introduced: 1/26/18
Referred: State Affairs, Judiciary, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to criminal law and procedure; relating to controlled substances;
2 relating to victims of criminal offenses; relating to probation; relating to sentencing;
3 relating to treatment program credit for time spent toward service of a sentence of
4 imprisonment; relating to the Violent Crimes Compensation Board; relating to
5 permanent fund dividends; relating to electronic monitoring; relating to penalties for
6 violating municipal ordinances; relating to parole; relating to community work service;
7 relating to revocation, termination, suspension, cancellation, or restoration of a driver's
8 license; relating to the duties of the commissioner of corrections; relating to the duties of
9 the Department of Health and Social Services; relating to civil in rem forfeiture actions;
10 providing for an effective date by repealing sec. 193, ch. 36, SLA 2016, sec. 79, ch. 1,
11 4SSLA 2017, sec. 81, ch. 1, 4SSLA 2017, and sec. 83, ch. 1, 4SSLA 2017; and providing
12 for an effective date."
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1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
2 * Section 1. AS 04.16.160(a) is amended to read:
3 (a) Except as otherwise provided by law, a person who is 21 years of age or
4 older may not purchase alcoholic beverages if the person has been ordered to refrain
5 from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a
6 sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar
7 municipal ordinance or [,] as a condition of probation or parole from a conviction
8 under AS 28.35.030, 28.35.032, or a similar municipal ordinance [, OR AS A
9 CONDITION OF PROBATION OR PAROLE FOR ANY OTHER CRIME]. The
10 restriction on purchasing alcoholic beverages applies during the period that the person
11 is required to refrain from consuming alcoholic beverages under the sentence or
12 condition of probation or parole.
13 * Sec. 2. AS 11.41.110(a) is amended to read:
14 (a) A person commits the crime of murder in the second degree if
15 (1) with intent to cause serious physical injury to another person or
16 knowing that the conduct is substantially certain to cause death or serious physical
17 injury to another person, the person causes the death of any person;
18 (2) the person knowingly engages in conduct that results in the death
19 of another person under circumstances manifesting an extreme indifference to the
20 value of human life;
21 (3) under circumstances not amounting to murder in the first degree
22 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the
23 person commits or attempts to commit arson in the first degree, kidnapping, sexual
24 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor
25 in the first degree, sexual abuse of a minor in the second degree, burglary in the first
26 degree, escape in the first or second degree, robbery in any degree, or misconduct
27 involving a controlled substance under AS 11.71.010(a), 11.71.021(a),
28 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2)
29 and, in the course of or in furtherance of that crime or in immediate flight from that
30 crime, any person causes the death of a person other than one of the participants;
31 (4) acting with a criminal street gang, the person commits or attempts
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1 to commit a crime that is a felony and, in the course of or in furtherance of that crime
2 or in immediate flight from that crime, any person causes the death of a person other
3 than one of the participants; or
4 (5) the person with criminal negligence causes the death of a child
5 under the age of 16, and the person has been previously convicted of a crime involving
6 a child under the age of 16 that was
7 (A) a felony violation of AS 11.41;
8 (B) in violation of a law or ordinance in another jurisdiction
9 with elements similar to a felony under AS 11.41; or
10 (C) an attempt, a solicitation, or a conspiracy to commit a
11 crime listed in (A) or (B) of this paragraph.
12 * Sec. 3. AS 11.41.150(a) is amended to read:
13 (a) A person commits the crime of murder of an unborn child if the person
14 (1) with intent to cause the death of an unborn child or of another
15 person, causes the death of an unborn child;
16 (2) with intent to cause serious physical injury to an unborn child or to
17 another person or knowing that the conduct is substantially certain to cause death or
18 serious physical injury to an unborn child or to another person, causes the death of an
19 unborn child;
20 (3) while acting alone or with one or more persons, commits or
21 attempts to commit arson in the first degree, kidnapping, sexual assault in the first
22 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,
23 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the
24 first or second degree, robbery in any degree, or misconduct involving a controlled
25 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9)
26 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or
27 in furtherance of that crime or in immediate flight from that crime, any person causes
28 the death of an unborn child;
29 (4) knowingly engages in conduct that results in the death of an unborn
30 child under circumstances manifesting an extreme indifference to the value of human
31 life; for purposes of this paragraph, a pregnant woman's decision to remain in a
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1 relationship in which domestic violence, as defined in AS 18.66.990, has occurred
2 does not constitute conduct manifesting an extreme indifference to the value of human
3 life.
4 * Sec. 4. AS 11.46.130(a) is amended to read:
5 (a) A person commits the crime of theft in the second degree if the person
6 commits theft as defined in AS 11.46.100 and
7 (1) the value of the property or services [, ADJUSTED FOR
8 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than
9 $25,000;
10 (2) the property is a firearm or explosive;
11 (3) the property is taken from the person of another;
12 (4) the property is taken from a vessel and is vessel safety or survival
13 equipment;
14 (5) the property is taken from an aircraft and the property is aircraft
15 safety or survival equipment;
16 (6) the value of the property [, ADJUSTED FOR INFLATION AS
17 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the
18 preceding five years, the person has been convicted and sentenced on two or more
19 separate occasions in this or another jurisdiction of
20 (A) an offense under AS 11.46.120, or an offense under
21 another law or ordinance with similar elements;
22 (B) a crime set out in this subsection or an offense under
23 another law or ordinance with similar elements;
24 (C) an offense under AS 11.46.140(a)(1), or an offense under
25 another law or ordinance with similar elements; or
26 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an
27 offense under another law or ordinance with similar elements; or
28 (7) the property is an access device.
29 * Sec. 5. AS 11.46.140(a) is amended to read:
30 (a) A person commits the crime of theft in the third degree if the person
31 commits theft as defined in AS 11.46.100 and
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1 (1) the value of the property or services [, ADJUSTED FOR
2 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;
3 or
4 (2) [REPEALED]
5 (3) [REPEALED]
6 (4) the value of the property is less than $250 and, within the preceding
7 five years, the person has been convicted and sentenced on three or more separate
8 occasions in this or another jurisdiction of theft or concealment of merchandise, or an
9 offense under another law or ordinance with similar elements.
10 * Sec. 6. AS 11.46.150(a) is amended to read:
11 (a) A person commits the crime of theft in the fourth degree if the person
12 commits theft as defined in AS 11.46.100 and the value of the property or services [,
13 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.
14 * Sec. 7. AS 11.46.220(c) is amended to read:
15 (c) Concealment of merchandise is
16 (1) a class C felony if
17 (A) the merchandise is a firearm;
18 (B) the value of the merchandise [, ADJUSTED FOR
19 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or
20 (C) the value of the merchandise [, ADJUSTED FOR
21 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than
22 $750 and, within the preceding five years, the person has been convicted and
23 sentenced on two or more separate occasions in this or another jurisdiction of
24 (i) the offense of concealment of merchandise under
25 this paragraph or (2)(A) of this subsection, or an offense under another
26 law or ordinance with similar elements; or
27 (ii) an offense under AS 11.46.120, 11.46.130, or
28 11.46.140(a)(1), or an offense under another law or ordinance with
29 similar elements;
30 (2) a class A misdemeanor if
31 (A) the value of the merchandise [, ADJUSTED FOR
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1 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than
2 $750; or
3 (B) [REPEALED]
4 (C) the value of the merchandise is less than $250 and, within
5 the preceding five years, the person has been convicted and sentenced on three
6 or more separate occasions of the offense of concealment of merchandise or
7 theft in any degree, or an offense under another law or ordinance with similar
8 elements;
9 (3) a class B misdemeanor if the value of the merchandise [,
10 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.
11 * Sec. 8. AS 11.46.260(b) is amended to read:
12 (b) Removal of identification marks is
13 (1) a class C felony if the value of the property on which the serial
14 number or identification mark appeared [, ADJUSTED FOR INFLATION AS
15 PROVIDED IN AS 11.46.982,] is $750 or more;
16 (2) a class A misdemeanor if the value of the property on which the
17 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS
18 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;
19 (3) a class B misdemeanor if the value of the property on which the
20 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS
21 PROVIDED IN AS 11.46.982,] is less than $250.
22 * Sec. 9. AS 11.46.270(b) is amended to read:
23 (b) Unlawful possession is
24 (1) a class C felony if the value of the property on which the serial
25 number or identification mark appeared [, ADJUSTED FOR INFLATION AS
26 PROVIDED IN AS 11.46.982,] is $750 or more;
27 (2) a class A misdemeanor if the value of the property on which the
28 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS
29 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;
30 (3) a class B misdemeanor if the value of the property on which the
31 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS
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1 PROVIDED IN AS 11.46.982,] is less than $250.
2 * Sec. 10. AS 11.46.280(d) is amended to read:
3 (d) Issuing a bad check is
4 (1) a class B felony if the face amount of the check is $25,000 or more;
5 (2) a class C felony if the face amount of the check [, ADJUSTED
6 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than
7 $25,000;
8 (3) a class A misdemeanor if the face amount of the check [,
9 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more
10 but less than $750;
11 (4) a class B misdemeanor if the face amount of the check [,
12 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.
13 * Sec. 11. AS 11.46.285(b) is amended to read:
14 (b) Fraudulent use of an access device is
15 (1) a class B felony if the value of the property or services obtained is
16 $25,000 or more;
17 (2) a class C felony if the value of the property or services obtained [,
18 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more
19 but less than $25,000;
20 (3) a class A misdemeanor if the value of the property or services
21 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less
22 than $750.
23 * Sec. 12. AS 11.46.295 is amended to read:
24 Sec. 11.46.295. Prior convictions. For purposes of considering prior
25 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or
26 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under
27 AS 11.46.220(c),
28 (1) a conviction for an offense under another law or ordinance with
29 similar elements is a conviction of an offense having elements similar to those of an
30 offense defined as such under Alaska law at the time the offense was committed;
31 (2) a conviction for an offense under Alaska law where the value of the
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1 property or services for the offense was lower than the value of property or services
2 for the offense under current Alaska law is a prior conviction for that offense; and
3 (3) the court shall consider the date of a prior conviction as occurring
4 on the date that sentence is imposed for the prior offense.
5 * Sec. 13. AS 11.46.360(a) is amended to read:
6