Alaska 2023-2024 Regular Session

Alaska House Bill HB14 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0014a -1- HB 14
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5	5	33-LS0209\A
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10	10
11	11	HOUSE BILL NO. 14
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-THIRD LEGISLATURE - FIRST SESSION
16	16
17	17	BY REPRESENTATIVE JOSEPHSON
18	18
19	19	Introduced: 1/9/23
20	20	Referred: Prefiled
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to aggravating factors considered at sentencing." 1
28	28	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
29	29	* Section 1. AS 12.55.155(c) is amended to read: 3
30	30	(c) The following factors shall be considered by the sentencing court if proven 4
31	31	in accordance with this section, and may allow imposition of a sentence above the 5
32	32	presumptive range set out in AS 12.55.125: 6
33	33	(1) a person, other than an accomplice, sustained physical injury as a 7
34	34	direct result of the defendant's conduct; 8
35	35	(2) the defendant's conduct during the commission of the offense 9
36	36	manifested deliberate cruelty to another person; 10
37	37	(3) the defendant was the leader of a group of three or more persons 11
38	38	who participated in the offense; 12
39	39	(4) the defendant employed a dangerous instrument in furtherance of 13
40	40	the offense; 14
41	41	(5) the defendant knew or reasonably should have known that the 15 33-LS0209\A
42	42	HB 14 -2- HB0014a
43	43	New Text Underlined [DELETED TEXT BRACKETED]
44	44
45	45	victim of the offense was particularly vulnerable or incapable of resistance due to 1
46	46	advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 2
47	47	extreme youth or was for any other reason substantially incapable of exercising 3
48	48	normal physical or mental powers of resistance; 4
49	49	(6) the defendant's conduct created a risk of imminent physical injury 5
50	50	to three or more persons, other than accomplices; 6
51	51	(7) a prior felony conviction considered for the purpose of invoking a 7
52	52	presumptive range under this chapter was of a more serious class of offense than the 8
53	53	present offense; 9
54	54	(8) the defendant's prior criminal history includes conduct involving 10
55	55	aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 11
56	56	instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 12
57	57	combination of assaultive behavior and cruelty to animals proscribed under 13
58	58	AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 14
59	59	means assault that is a felony under AS 11.41, or a similar provision in another 15
60	60	jurisdiction; 16
61	61	(9) the defendant knew that the offense involved more than one victim; 17
62	62	(10) the conduct constituting the offense was among the most serious 18
63	63	conduct included in the definition of the offense; 19
64	64	(11) the defendant committed the offense under an agreement that the 20
65	65	defendant either pay or be paid for the commission of the offense, and the pecuniary 21
66	66	incentive was beyond that inherent in the offense itself; 22
67	67	(12) the defendant was on release under AS 12.30 for another felony 23
68	68	charge or conviction or for a misdemeanor charge or conviction having assault as a 24
69	69	necessary element; 25
70	70	(13) the defendant knowingly directed the conduct constituting the 26
71	71	offense at an active officer of the court or at an active or former judicial officer, 27
72	72	prosecuting attorney, law enforcement officer, correctional employee, firefighter, 28
73	73	emergency medical technician, paramedic, ambulance attendant, or other emergency 29
74	74	responder during or because of the exercise of official duties; 30
75	75	(14) the defendant was a member of an organized group of five or 31 33-LS0209\A
76	76	HB0014a -3- HB 14
77	77	New Text Underlined [DELETED TEXT BRACKETED]
78	78
79	79	more persons, and the offense was committed to further the criminal objectives of the 1
80	80	group; 2
81	81	(15) the defendant has three or more prior felony convictions; 3
82	82	(16) the defendant's criminal conduct was designed to obtain 4
83	83	substantial pecuniary gain and the risk of prosecution and punishment for the conduct 5
84	84	is slight; 6
85	85	(17) the offense was one of a continuing series of criminal offenses 7
86	86	committed in furtherance of illegal business activities from which the defendant 8
87	87	derives a major portion of the defendant's income; 9
88	88	(18) the offense was a felony 10
89	89	(A) specified in AS 11.41 and was committed against a spouse, 11
90	90	a former spouse, or a member of the social unit made up of those living 12
91	91	together in the same dwelling as the defendant; 13
92	92	(B) specified in AS 11.41.410 - 11.41.458 and the defendant 14
93	93	has engaged in the same or other conduct prohibited by a provision of 15
94	94	AS 11.41.410 - 11.41.460 involving the same or another victim; 16
95	95	(C) specified in AS 11.41 that is a crime involving domestic 17
96	96	violence and was committed in the physical presence or hearing of a child 18
97	97	under 16 years of age who was, at the time of the offense, living within the 19
98	98	residence of the victim, the residence of the perpetrator, or the residence where 20
99	99	the crime involving domestic violence occurred; 21
100	100	(D) specified in AS 11.41 and was committed against a person 22
101	101	with whom the defendant has a dating relationship or with whom the defendant 23
102	102	has engaged in a sexual relationship; or 24
103	103	(E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 25
104	104	the defendant was 10 or more years older than the victim; 26
105	105	(19) the defendant's prior criminal history includes an adjudication as a 27
106	106	delinquent for conduct that would have been a felony if committed by an adult; 28
107	107	(20) the defendant was on furlough under AS 33.30 or on parole or 29
108	108	probation for another felony charge or conviction that would be considered a prior 30
109	109	felony conviction under AS 12.55.145(a)(1)(B); 31 33-LS0209\A
110	110	HB 14 -4- HB0014a
111	111	New Text Underlined [DELETED TEXT BRACKETED]
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113	113	(21) the defendant has a criminal history of repeated instances of 1
114	114	conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 2
115	115	similar in nature to the offense for which the defendant is being sentenced under this 3
116	116	section; 4
117	117	(22) the defendant knowingly directed the conduct constituting the 5
118	118	offense at a victim because of that person's race, sex, sexual orientation or gender 6
119	119	identity, color, creed, physical or mental disability, ancestry, citizenship, or national 7
120	120	origin; 8
121	121	(23) the defendant is convicted of an offense specified in AS 11.71 and 9
122	122	(A) the offense involved the delivery of a controlled substance 10
123	123	under circumstances manifesting an intent to distribute the substance as part of 11
124	124	a commercial enterprise; or 12
125	125	(B) at the time of the conduct resulting in the conviction, the 13
126	126	defendant was caring for or assisting in the care of a child under 10 years of 14
127	127	age; 15
128	128	(24) the defendant is convicted of an offense specified in AS 11.71 and 16
129	129	the offense involved the transportation of controlled substances into the state; 17
130	130	(25) the defendant is convicted of an offense specified in AS 11.71 and 18
131	131	the offense involved large quantities of a controlled substance; 19
132	132	(26) the defendant is convicted of an offense specified in AS 11.71 and 20
133	133	the offense involved the distribution of a controlled substance that had been 21
134	134	adulterated with a toxic substance; 22
135	135	(27) the defendant, being 18 years of age or older, 23
136	136	(A) is legally accountable under AS 11.16.110(2) for the 24
137	137	conduct of a person who, at the time the offense was committed, was under 18 25
138	138	years of age and at least three years younger than the defendant; or 26
139	139	(B) is aided or abetted in planning or committing the offense by 27
140	140	a person who, at the time the offense was committed, was under 18 years of 28
141	141	age and at least three years younger than the defendant; 29
142	142	(28) the victim of the offense is a person who provided testimony or 30
143	143	evidence related to a prior offense committed by the defendant; 31 33-LS0209\A
144	144	HB0014a -5- HB 14
145	145	New Text Underlined [DELETED TEXT BRACKETED]
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147	147	(29) the defendant committed the offense for the benefit of, at the 1
148	148	direction of, or in association with a criminal street gang; 2
149	149	(30) the defendant is convicted of an offense specified in AS 11.41.410 3
150	150	- 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 4
151	151	the victim in furtherance of the offense with the intent to make the victim 5
152	152	incapacitated; in this paragraph, "incapacitated" has the meaning given in 6
153	153	AS 11.41.470; 7
154	154	(31) the defendant's prior criminal history includes convictions for five 8
155	155	or more crimes in this or another jurisdiction that are class A misdemeanors under the 9
156	156	law of this state, or having elements similar to a class A misdemeanor; two or more 10
157	157	convictions arising out of a single continuous episode are considered a single 11
158	158	conviction; however, an offense is not a part of a continuous episode if committed 12
159	159	while attempting to escape or resist arrest or if it is an assault on a uniformed or 13
160	160	otherwise clearly identified peace officer or correctional employee; notice and denial 14
161	161	of convictions are governed by AS 12.55.145(b) - (d); 15
162	162	(32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 16
163	163	offense occurred on school grounds, on a school bus, at a school-sponsored event, or 17
164	164	in the administrative offices of a school district if students are educated at that office; 18
165	165	in this paragraph, 19
166	166	(A) "school bus" has the meaning given in AS 11.71.900; 20
167	167	(B) "school district" has the meaning given in AS 47.07.063; 21
168	168	(C) "school grounds" has the meaning given in AS 11.71.900; 22
169	169	(33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 23
170	170	the defendant had been previously diagnosed as having or having tested positive for 24
171	171	HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 25
172	172	victim to a risk or a fear that the offense could result in the transmission of HIV or 26
173	173	AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 27
174	174	AS 18.15.310; 28
175	175	(34) the defendant committed the offense on, or to affect persons or 29
176	176	property on, the premises of a recognized shelter or facility providing services to 30
177	177	victims of domestic violence or sexual assault; 31 33-LS0209\A
178	178	HB 14 -6- HB0014a
179	179	New Text Underlined [DELETED TEXT BRACKETED]
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181	181	(35) the defendant knowingly directed the conduct constituting the 1
182	182	offense at a victim because that person was 65 years of age or older; 2
183	183	(36) the defendant committed the offense at a health care facility and 3
184	184	knowingly directed the conduct constituting the offense at a medical professional 4
185	185	during or because of the medical professional's exercise of professional duties; in this 5
186	186	paragraph, 6
187	187	(A) "health care facility" has the meaning given in 7
188	188	AS 18.07.111; 8
189	189	(B) "medical professional" has the meaning given in 9
190	190	AS 12.55.135(k); 10
191	191	(37) the defendant knowingly caused the victim to become 11
192	192	unconscious by means of a dangerous instrument; in this paragraph, "dangerous 12
193	193	instrument" has the meaning given in AS 11.81.900(b)(15)(B). 13
194	194	* Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 14
195	195	read: 15
196	196	APPLICABILITY. AS 12.55.155(c), as amended by sec. 1 of this Act, applies to 16
197	197	offenses committed on or after the effective date of this Act. 17