Alaska 2023-2024 Regular Session

Alaska House Bill HB238 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled HB 238
2		-	LAWS OF ALASKA
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4		-	2024
	2	+	HB0238C -1- SCS CSHB 238(JUD)
	3	+	New Text Underlined [DELETED TEXT BRACKETED]
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8		-	Source Chapter No.
9		-	SCS CSHB 238(JUD) _______
	5	+	33-LS1101\S
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14		-	~~AN ACT~~
	10	+	SENATE CS FOR CS FOR HOUSE BILL NO. 238(JUD)
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16		-	~~Relating to criminal mischief~~ in the ~~third degree;~~ ~~and providing for an effective date.~~
	12	+	IN THE LEGISLATURE OF THE STATE OF ALASKA
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	14	+	THIRTY-THIRD LEGISLATURE - SECOND SESSION
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19		-	~~_______________~~
	16	+	BY THE SENATE JUDICIARY COMMITTEE
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	18	+	Offered: 5/7/24
	19	+	Referred: Rules
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22		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
	21	+	Sponsor(s): REPRESENTATIVES JOSEPHSON, Craig Johnson, Fields, Allard, Galvin, Wright, Schrage,
	22	+	Ortiz, Saddler, Cronk, Tomaszewski
	23	+	A BILL
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	25	+	FOR AN ACT ENTITLED
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	27	+	"An Act relating to criminal mischief in the third degree; and providing for an effective 1
	28	+	date." 2
	29	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
	30	+	* Section 1. AS 11.46.482(a) is amended to read: 4
	31	+	(a) A person commits the crime of criminal mischief in the third degree if, 5
	32	+	having no right to do so or any reasonable ground to believe the person has such a 6
	33	+	right, 7
	34	+	(1) with intent to damage property of another, the person damages 8
	35	+	property of another in an amount of $750 or more; 9
	36	+	(2) the person recklessly creates a risk of damage in an amount 10
	37	+	exceeding $100,000 to property of another by the use of widely dangerous means; or 11
	38	+	(3) the person knowingly 12
	39	+	(A) defaces, damages, or desecrates a cemetery or the contents 13
	40	+	of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 14 33-LS1101\S
	41	+	SCS CSHB 238(JUD) -2- HB0238C
	42	+	New Text Underlined [DELETED TEXT BRACKETED]
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26		-	THE ACT FOLLOWS ON PAGE 1
27		-	-1- Enrolled HB 238
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50		-
51		-	AN ACT
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53		-
54		-	Relating to criminal mischief in the third degree; and providing for an effective date. 1
55		-	_______________ 2
56		-	* Section 1. AS 11.46.482(a) is amended to read: 3
57		-	(a) A person commits the crime of criminal mischief in the third degree if, 4
58		-	having no right to do so or any reasonable ground to believe the person has such a 5
59		-	right, 6
60		-	(1) with intent to damage property of another, the person damages 7
61		-	property of another in an amount of $750 or more; 8
62		-	(2) the person recklessly creates a risk of damage in an amount 9
63		-	exceeding $100,000 to property of another by the use of widely dangerous means; or 10
64		-	(3) the person knowingly 11
65		-	(A) defaces, damages, or desecrates a cemetery or the contents 12
66		-	of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 13
67		-	Enrolled HB 238 -2-
68	44		grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 1
69	45		memorial appears to be abandoned, lost, or neglected; 2
70	46		(B) removes human remains or associated burial artifacts from 3
71	47		a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 4
72	48		tomb, grave, or memorial appears to be abandoned, lost, or neglected; 5
73	49		(C) defaces or damages real property that 6
74	50		(i) has a place of religious education or worship 7
75	51		located on it; and 8
76	52		(ii) if leased or used by a religious organization and 9
77	53		is part of a larger property, is the part of the property leased or 10
78	54		used by the religious organization, including the access to the entry 11
79	55		of that part of the property; or 12
80	56		(D) defaces or damages tangible personal property that has 13
81	57		religious significance and is used by a religious organization or displayed 14
82	58		for educational purposes. 15
83	59		* Sec. 2. AS 11.46.482(b) is amended to read: 16
84	60		(b) It is an affirmative defense to a prosecution under (a)(3) of this section that 17
85	61		the defendant, at the time of the offense, was 18
86	62		(1) an employee of the cemetery and was engaged in an authorized 19
87	63		activity on behalf of the cemetery; [OR] 20
88	64		(2) authorized by law or state permit to engage in the conduct; or 21
89	65		(3) an employee of a religious organization or the owner or 22
90	66		operator or employee of the owner or operator of real property or tangible 23
91		-	personal property under (a)(3)(C) or (D) of this section and was engaged in an 24
	67	+	personal property under (a)(3)(C) or (D) of this section, and was engaged in an 24
92	68		authorized activity on behalf of the religious organization or the owner or 25
93	69		operator of the real property or tangible personal property. 26
94	70		* Sec. 3. This Act takes effect immediately under AS 01.10.070(c). 27