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SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 9
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE RAUSCHER
Introduced: 2/25/19
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 the duties of the commissioner of corrections; relating to the duties of the
8 Department of Health and Social Services; relating to civil in rem forfeiture actions;
9 repealing Rules 38(d) and (e), Alaska Rules of Criminal Procedure; and providing for an
10 effective date."
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
12 * Section 1. AS 04.16.160(a) is amended to read:
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1 (a) Except as otherwise provided by law, a person who is 21 years of age or
2 older may not purchase alcoholic beverages if the person has been ordered to refrain
3 from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a
4 sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar
5 municipal ordinance or [,] as a condition of probation or parole from a conviction
6 under AS 28.35.030, 28.35.032, or a similar municipal ordinance [, OR AS A
7 CONDITION OF PROBATION OR PAROLE FOR ANY OTHER CRIME]. The
8 restriction on purchasing alcoholic beverages applies during the period that the person
9 is required to refrain from consuming alcoholic beverages under the sentence or
10 condition of probation or parole.
11 * Sec. 2. AS 11.41.110(a) is amended to read:
12 (a) A person commits the crime of murder in the second degree if
13 (1) with intent to cause serious physical injury to another person or
14 knowing that the conduct is substantially certain to cause death or serious physical
15 injury to another person, the person causes the death of any person;
16 (2) the person knowingly engages in conduct that results in the death
17 of another person under circumstances manifesting an extreme indifference to the
18 value of human life;
19 (3) under circumstances not amounting to murder in the first degree
20 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the
21 person commits or attempts to commit arson in the first degree, kidnapping, sexual
22 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor
23 in the first degree, sexual abuse of a minor in the second degree, burglary in the first
24 degree, escape in the first or second degree, robbery in any degree, or misconduct
25 involving a controlled substance under AS 11.71.010(a), 11.71.021(a),
26 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2)
27 and, in the course of or in furtherance of that crime or in immediate flight from that
28 crime, any person causes the death of a person other than one of the participants;
29 (4) acting with a criminal street gang, the person commits or attempts
30 to commit a crime that is a felony and, in the course of or in furtherance of that crime
31 or in immediate flight from that crime, any person causes the death of a person other
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1 than one of the participants; or
2 (5) the person with criminal negligence causes the death of a child
3 under the age of 16, and the person has been previously convicted of a crime involving
4 a child under the age of 16 that was
5 (A) a felony violation of AS 11.41;
6 (B) in violation of a law or ordinance in another jurisdiction
7 with elements similar to a felony under AS 11.41; or
8 (C) an attempt, a solicitation, or a conspiracy to commit a
9 crime listed in (A) or (B) of this paragraph.
10 * Sec. 3. AS 11.41.150(a) is amended to read:
11 (a) A person commits the crime of murder of an unborn child if the person
12 (1) with intent to cause the death of an unborn child or of another
13 person, causes the death of an unborn child;
14 (2) with intent to cause serious physical injury to an unborn child or to
15 another person or knowing that the conduct is substantially certain to cause death or
16 serious physical injury to an unborn child or to another person, causes the death of an
17 unborn child;
18 (3) while acting alone or with one or more persons, commits or
19 attempts to commit arson in the first degree, kidnapping, sexual assault in the first
20 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,
21 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the
22 first or second degree, robbery in any degree, or misconduct involving a controlled
23 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9)
24 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or
25 in furtherance of that crime or in immediate flight from that crime, any person causes
26 the death of an unborn child;
27 (4) knowingly engages in conduct that results in the death of an unborn
28 child under circumstances manifesting an extreme indifference to the value of human
29 life; for purposes of this paragraph, a pregnant woman's decision to remain in a
30 relationship in which domestic violence, as defined in AS 18.66.990, has occurred
31 does not constitute conduct manifesting an extreme indifference to the value of human
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1 life.
2 * Sec. 4. AS 11.46.130(a) is amended to read:
3 (a) A person commits the crime of theft in the second degree if the person
4 commits theft as defined in AS 11.46.100 and
5 (1) the value of the property or services [, ADJUSTED FOR
6 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than
7 $25,000;
8 (2) the property is a firearm or explosive;
9 (3) the property is taken from the person of another;
10 (4) the property is taken from a vessel and is vessel safety or survival
11 equipment;
12 (5) the property is taken from an aircraft and the property is aircraft
13 safety or survival equipment;
14 (6) the value of the property [, ADJUSTED FOR INFLATION AS
15 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the
16 preceding five years, the person has been convicted and sentenced on two or more
17 separate occasions in this or another jurisdiction of
18 (A) an offense under AS 11.46.120, or an offense under
19 another law or ordinance with similar elements;
20 (B) a crime set out in this subsection or an offense under
21 another law or ordinance with similar elements;
22 (C) an offense under AS 11.46.140(a)(1), or an offense under
23 another law or ordinance with similar elements; or
24 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an
25 offense under another law or ordinance with similar elements; or
26 (7) the property is an access device.
27 * Sec. 5. AS 11.46.140(a) is amended to read:
28 (a) A person commits the crime of theft in the third degree if the person
29 commits theft as defined in AS 11.46.100 and
30 (1) the value of the property or services [, ADJUSTED FOR
31 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;
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1 or
2 (2) [REPEALED]
3 (3) [REPEALED]
4 (4) the value of the property is less than $250 and, within the preceding
5 five years, the person has been convicted and sentenced on three or more separate
6 occasions in this or another jurisdiction of theft or concealment of merchandise, or an
7 offense under another law or ordinance with similar elements.
8 * Sec. 6. AS 11.46.150(a) is amended to read:
9 (a) A person commits the crime of theft in the fourth degree if the person
10 commits theft as defined in AS 11.46.100 and the value of the property or services [,
11 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.
12 * Sec. 7. AS 11.46.220(c) is amended to read:
13 (c) Concealment of merchandise is
14 (1) a class C felony if
15 (A) the merchandise is a firearm;
16 (B) the value of the merchandise [, ADJUSTED FOR
17 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or
18 (C) the value of the merchandise [, ADJUSTED FOR
19 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than
20 $750 and, within the preceding five years, the person has been convicted and
21 sentenced on two or more separate occasions in this or another jurisdiction of
22 (i) the offense of concealment of merchandise under
23 this paragraph or (2)(A) of this subsection, or an offense under another
24 law or ordinance with similar elements; or
25 (ii) an offense under AS 11.46.120, 11.46.130, or
26 11.46.140(a)(1), or an offense under another law or ordinance with
27 similar elements;
28 (2) a class A misdemeanor if
29 (A) the value of the merchandise [, ADJUSTED FOR
30 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than
31 $750; or
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1 (B) [REPEALED]
2 (C) the value of the merchandise is less than $250 and, within
3 the preceding five years, the person has been convicted and sentenced on three
4 or more separate occasions of the offense of concealment of merchandise or
5 theft in any degree, or an offense under another law or ordinance with similar
6 elements;
7 (3) a class B misdemeanor if the value of the merchandise [,
8 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.
9 * Sec. 8. AS 11.46.260(b) is amended to read:
10 (b) Removal of identification marks is
11 (1) a class C felony if the value of the property on which the serial
12 number or identification mark appeared [, ADJUSTED FOR INFLATION AS
13 PROVIDED IN AS 11.46.982,] is $750 or more;
14 (2) a class A misdemeanor if the value of the property on which the
15 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS
16 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;
17 (3) a class B misdemeanor if the value of the property on which the
18 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS
19 PROVIDED IN AS 11.46.982,] is less than $250.
20 * Sec. 9. AS 11.46.270(b) is amended to read:
21 (b) Unlawful possession is
22 (1) a class C felony if the value of the property on which the serial
23 number or identification mark appeared [, ADJUSTED FOR INFLATION AS
24 PROVIDED IN AS 11.46.982,] is $750 or more;
25 (2) a class A misdemeanor if the value of the property on which the
26 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS
27 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;
28 (3) a class B misdemeanor if the value of the property on which the
29 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS
30 PROVIDED IN AS 11.46.982,] is less than $250.
31 * Sec. 10. AS 11.46.280(d) is amended to read:
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1 (d) Issuing a bad check is
2 (1) a class B felony if the face amount of the check is $25,000 or more;
3 (2) a class C felony if the face amount of the check [, ADJUSTED
4 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than
5 $25,000;
6 (3) a class A misdemeanor if the face amount of the check [,
7 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more
8 but less than $750;
9 (4) a class B misdemeanor if the face amount of the check [,
10 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.
11 * Sec. 11. AS 11.46.285(b) is amended to read:
12 (b) Fraudulent use of an access device is
13 (1) a class B felony if the value of the property or services obtained is
14 $25,000 or more;
15 (2) a class C felony if the value of the property or services obtained [,
16 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more
17 but less than $25,000;
18 (3) a class A misdemeanor if the value of the property or services
19 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less
20 than $750.
21 * Sec. 12. AS 11.46.295 is amended to read:
22 Sec. 11.46.295. Prior convictions. For purposes of considering prior
23 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or
24 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under
25 AS 11.46.220(c),
26 (1) a conviction for an offense under another law or ordinance with
27 similar elements is a conviction of an offense having elements similar to those of an
28 offense defined as such under Alaska law at the time the offense was committed;
29 (2) a conviction for an offense under Alaska law where the value of the
30 property or services for the offense was lower than the value of property or services
31 for the offense under current Alaska law is a prior conviction for that offense; and
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1 (3) the court shall consider the date of a prior conviction as occurring
2 on the date that sentence is imposed for the prior offense.
3 * Sec. 13. AS 11.46.360(a) is amended to read:
4 (a) A person commits the crime of vehicle theft in the first degree if, having
5 no right to do so or any reasonable ground to believe the person has such a right, the
6 person drives, tows away, or take