Alaska 2023-2024 Regular Session

Alaska House Bill HB14 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22 HB0014a -1- HB 14
33 New Text Underlined [DELETED TEXT BRACKETED]
44
55 33-LS0209\A
66
77
88
99
1010
1111 HOUSE BILL NO. 14
1212
1313 IN THE LEGISLATURE OF THE STATE OF ALASKA
1414
1515 THIRTY-THIRD LEGISLATURE - FIRST SESSION
1616
1717 BY REPRESENTATIVE JOSEPHSON
1818
1919 Introduced: 1/9/23
2020 Referred: Prefiled
2121
2222
2323 A BILL
2424
2525 FOR AN ACT ENTITLED
2626
2727 "An Act relating to aggravating factors considered at sentencing." 1
2828 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
2929 * Section 1. AS 12.55.155(c) is amended to read: 3
3030 (c) The following factors shall be considered by the sentencing court if proven 4
3131 in accordance with this section, and may allow imposition of a sentence above the 5
3232 presumptive range set out in AS 12.55.125: 6
3333 (1) a person, other than an accomplice, sustained physical injury as a 7
3434 direct result of the defendant's conduct; 8
3535 (2) the defendant's conduct during the commission of the offense 9
3636 manifested deliberate cruelty to another person; 10
3737 (3) the defendant was the leader of a group of three or more persons 11
3838 who participated in the offense; 12
3939 (4) the defendant employed a dangerous instrument in furtherance of 13
4040 the offense; 14
4141 (5) the defendant knew or reasonably should have known that the 15 33-LS0209\A
4242 HB 14 -2- HB0014a
4343 New Text Underlined [DELETED TEXT BRACKETED]
4444
4545 victim of the offense was particularly vulnerable or incapable of resistance due to 1
4646 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 2
4747 extreme youth or was for any other reason substantially incapable of exercising 3
4848 normal physical or mental powers of resistance; 4
4949 (6) the defendant's conduct created a risk of imminent physical injury 5
5050 to three or more persons, other than accomplices; 6
5151 (7) a prior felony conviction considered for the purpose of invoking a 7
5252 presumptive range under this chapter was of a more serious class of offense than the 8
5353 present offense; 9
5454 (8) the defendant's prior criminal history includes conduct involving 10
5555 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 11
5656 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 12
5757 combination of assaultive behavior and cruelty to animals proscribed under 13
5858 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 14
5959 means assault that is a felony under AS 11.41, or a similar provision in another 15
6060 jurisdiction; 16
6161 (9) the defendant knew that the offense involved more than one victim; 17
6262 (10) the conduct constituting the offense was among the most serious 18
6363 conduct included in the definition of the offense; 19
6464 (11) the defendant committed the offense under an agreement that the 20
6565 defendant either pay or be paid for the commission of the offense, and the pecuniary 21
6666 incentive was beyond that inherent in the offense itself; 22
6767 (12) the defendant was on release under AS 12.30 for another felony 23
6868 charge or conviction or for a misdemeanor charge or conviction having assault as a 24
6969 necessary element; 25
7070 (13) the defendant knowingly directed the conduct constituting the 26
7171 offense at an active officer of the court or at an active or former judicial officer, 27
7272 prosecuting attorney, law enforcement officer, correctional employee, firefighter, 28
7373 emergency medical technician, paramedic, ambulance attendant, or other emergency 29
7474 responder during or because of the exercise of official duties; 30
7575 (14) the defendant was a member of an organized group of five or 31 33-LS0209\A
7676 HB0014a -3- HB 14
7777 New Text Underlined [DELETED TEXT BRACKETED]
7878
7979 more persons, and the offense was committed to further the criminal objectives of the 1
8080 group; 2
8181 (15) the defendant has three or more prior felony convictions; 3
8282 (16) the defendant's criminal conduct was designed to obtain 4
8383 substantial pecuniary gain and the risk of prosecution and punishment for the conduct 5
8484 is slight; 6
8585 (17) the offense was one of a continuing series of criminal offenses 7
8686 committed in furtherance of illegal business activities from which the defendant 8
8787 derives a major portion of the defendant's income; 9
8888 (18) the offense was a felony 10
8989 (A) specified in AS 11.41 and was committed against a spouse, 11
9090 a former spouse, or a member of the social unit made up of those living 12
9191 together in the same dwelling as the defendant; 13
9292 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 14
9393 has engaged in the same or other conduct prohibited by a provision of 15
9494 AS 11.41.410 - 11.41.460 involving the same or another victim; 16
9595 (C) specified in AS 11.41 that is a crime involving domestic 17
9696 violence and was committed in the physical presence or hearing of a child 18
9797 under 16 years of age who was, at the time of the offense, living within the 19
9898 residence of the victim, the residence of the perpetrator, or the residence where 20
9999 the crime involving domestic violence occurred; 21
100100 (D) specified in AS 11.41 and was committed against a person 22
101101 with whom the defendant has a dating relationship or with whom the defendant 23
102102 has engaged in a sexual relationship; or 24
103103 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 25
104104 the defendant was 10 or more years older than the victim; 26
105105 (19) the defendant's prior criminal history includes an adjudication as a 27
106106 delinquent for conduct that would have been a felony if committed by an adult; 28
107107 (20) the defendant was on furlough under AS 33.30 or on parole or 29
108108 probation for another felony charge or conviction that would be considered a prior 30
109109 felony conviction under AS 12.55.145(a)(1)(B); 31 33-LS0209\A
110110 HB 14 -4- HB0014a
111111 New Text Underlined [DELETED TEXT BRACKETED]
112112
113113 (21) the defendant has a criminal history of repeated instances of 1
114114 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 2
115115 similar in nature to the offense for which the defendant is being sentenced under this 3
116116 section; 4
117117 (22) the defendant knowingly directed the conduct constituting the 5
118118 offense at a victim because of that person's race, sex, sexual orientation or gender 6
119119 identity, color, creed, physical or mental disability, ancestry, citizenship, or national 7
120120 origin; 8
121121 (23) the defendant is convicted of an offense specified in AS 11.71 and 9
122122 (A) the offense involved the delivery of a controlled substance 10
123123 under circumstances manifesting an intent to distribute the substance as part of 11
124124 a commercial enterprise; or 12
125125 (B) at the time of the conduct resulting in the conviction, the 13
126126 defendant was caring for or assisting in the care of a child under 10 years of 14
127127 age; 15
128128 (24) the defendant is convicted of an offense specified in AS 11.71 and 16
129129 the offense involved the transportation of controlled substances into the state; 17
130130 (25) the defendant is convicted of an offense specified in AS 11.71 and 18
131131 the offense involved large quantities of a controlled substance; 19
132132 (26) the defendant is convicted of an offense specified in AS 11.71 and 20
133133 the offense involved the distribution of a controlled substance that had been 21
134134 adulterated with a toxic substance; 22
135135 (27) the defendant, being 18 years of age or older, 23
136136 (A) is legally accountable under AS 11.16.110(2) for the 24
137137 conduct of a person who, at the time the offense was committed, was under 18 25
138138 years of age and at least three years younger than the defendant; or 26
139139 (B) is aided or abetted in planning or committing the offense by 27
140140 a person who, at the time the offense was committed, was under 18 years of 28
141141 age and at least three years younger than the defendant; 29
142142 (28) the victim of the offense is a person who provided testimony or 30
143143 evidence related to a prior offense committed by the defendant; 31 33-LS0209\A
144144 HB0014a -5- HB 14
145145 New Text Underlined [DELETED TEXT BRACKETED]
146146
147147 (29) the defendant committed the offense for the benefit of, at the 1
148148 direction of, or in association with a criminal street gang; 2
149149 (30) the defendant is convicted of an offense specified in AS 11.41.410 3
150150 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 4
151151 the victim in furtherance of the offense with the intent to make the victim 5
152152 incapacitated; in this paragraph, "incapacitated" has the meaning given in 6
153153 AS 11.41.470; 7
154154 (31) the defendant's prior criminal history includes convictions for five 8
155155 or more crimes in this or another jurisdiction that are class A misdemeanors under the 9
156156 law of this state, or having elements similar to a class A misdemeanor; two or more 10
157157 convictions arising out of a single continuous episode are considered a single 11
158158 conviction; however, an offense is not a part of a continuous episode if committed 12
159159 while attempting to escape or resist arrest or if it is an assault on a uniformed or 13
160160 otherwise clearly identified peace officer or correctional employee; notice and denial 14
161161 of convictions are governed by AS 12.55.145(b) - (d); 15
162162 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 16
163163 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 17
164164 in the administrative offices of a school district if students are educated at that office; 18
165165 in this paragraph, 19
166166 (A) "school bus" has the meaning given in AS 11.71.900; 20
167167 (B) "school district" has the meaning given in AS 47.07.063; 21
168168 (C) "school grounds" has the meaning given in AS 11.71.900; 22
169169 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 23
170170 the defendant had been previously diagnosed as having or having tested positive for 24
171171 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 25
172172 victim to a risk or a fear that the offense could result in the transmission of HIV or 26
173173 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 27
174174 AS 18.15.310; 28
175175 (34) the defendant committed the offense on, or to affect persons or 29
176176 property on, the premises of a recognized shelter or facility providing services to 30
177177 victims of domestic violence or sexual assault; 31 33-LS0209\A
178178 HB 14 -6- HB0014a
179179 New Text Underlined [DELETED TEXT BRACKETED]
180180
181181 (35) the defendant knowingly directed the conduct constituting the 1
182182 offense at a victim because that person was 65 years of age or older; 2
183183 (36) the defendant committed the offense at a health care facility and 3
184184 knowingly directed the conduct constituting the offense at a medical professional 4
185185 during or because of the medical professional's exercise of professional duties; in this 5
186186 paragraph, 6
187187 (A) "health care facility" has the meaning given in 7
188188 AS 18.07.111; 8
189189 (B) "medical professional" has the meaning given in 9
190190 AS 12.55.135(k); 10
191191 (37) the defendant knowingly caused the victim to become 11
192192 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 12
193193 instrument" has the meaning given in AS 11.81.900(b)(15)(B). 13
194194 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 14
195195 read: 15
196196 APPLICABILITY. AS 12.55.155(c), as amended by sec. 1 of this Act, applies to 16
197197 offenses committed on or after the effective date of this Act. 17