HB0066b -1- CSHB 66(JUD)
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CS FOR HOUSE BILL NO. 66(JUD)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY THE HOUSE JUDICIARY COMMITTEE
Offered: 3/27/23
Referred: Finance
Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
A BILL
FOR AN ACT ENTITLED
"An Act relating to homicide resulting from conduct involving controlled substances; 1
relating to misconduct involving a controlled substance in the first degree; relating to 2
sentencing; relating to the computation of good time; and providing for an effective 3
date." 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
* Section 1. AS 11.41.110(a) is amended to read: 6
(a) A person commits the crime of murder in the second degree if 7
(1) with intent to cause serious physical injury to another person or 8
knowing that the conduct is substantially certain to cause death or serious physical 9
injury to another person, the person causes the death of any person; 10
(2) the person knowingly engages in conduct that results in the death 11
of another person under circumstances manifesting an extreme indifference to the 12
value of human life; 13
(3) under circumstances not amounting to murder in the first degree 14 33-GH1482\B
CSHB 66(JUD) -2- HB0066b
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under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 1
person commits or attempts to commit arson in the first degree, kidnapping, sexual 2
assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 3
in the first degree, sexual abuse of a minor in the second degree, burglary in the first 4
degree, escape in the first or second degree, robbery in any degree, or misconduct 5
involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 6
or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 7
in immediate flight from that crime, any person causes the death of a person other than 8
one of the participants; 9
(4) acting with a criminal street gang, the person commits or attempts 10
to commit a crime that is a felony and, in the course of or in furtherance of that crime 11
or in immediate flight from that crime, any person causes the death of a person other 12
than one of the participants; or 13
(5) the person with criminal negligence causes the death of a child 14
under the age of 16, and the person has been previously convicted of a crime involving 15
a child under the age of 16 that was 16
(A) a felony violation of AS 11.41; 17
(B) in violation of a law or ordinance in another jurisdiction 18
with elements similar to a felony under AS 11.41; [OR] 19
(C) an attempt, a solicitation, or a conspiracy to commit a 20
crime listed in (A) or (B) of this paragraph; or 21
(6) the person knowingly manufactures or delivers a controlled 22
substance in violation of AS 11.71.010 - 11.71.030 or 11.71.040(a)(1) for schedule 23
IVA controlled substances, and a person dies as a direct result of ingestion of the 24
controlled substance; the death is a result that does not require a culpable mental 25
state; in this paragraph, "ingestion" means voluntarily or involuntarily taking a 26
substance into the body in any manner. 27
* Sec. 2. AS 11.71.010(a) is amended to read: 28
(a) Except as authorized in AS 17.30, a person commits the crime of 29
misconduct involving a controlled substance in the first degree if the person 30
(1) delivers any amount of a schedule IA controlled substance to a 31 33-GH1482\B
HB0066b -3- CSHB 66(JUD)
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person under 19 years of age who is at least three years younger than the person 1
delivering the substance; 2
(2) delivers any amount of a schedule IIA or IIIA controlled substance 3
to a person under 19 years of age who is at least three years younger than the person 4
delivering the substance; [OR] 5
(3) engages in a continuing criminal enterprise; or 6
(4) delivers any amount of a schedule IA, IIA, IIIA, or IVA 7
controlled substance to a person who is 8
(A) mentally incapable; 9
(B) incapacitated; or 10
(C) unaware that a controlled substance is being delivered. 11
* Sec. 3. AS 11.71.010(b) is amended to read: 12
(b) For purposes of this section, 13
(1) a person is engaged in a "continuing criminal enterprise" if 14
(A) [(1)] the person commits a violation of this chapter which 15
is punishable as a felony; and 16
(B) [(2)] that violation is a part of a continuing series of five or 17
more violations of this chapter 18
(i) [(A)] which the person undertakes in concert with at 19
least five other persons organized, supervised, or otherwise managed by 20
the person; and 21
(ii) [(B)] from which the person obtains substantial 22
income or resources; 23
(2) "incapacitated" has the meaning given in AS 11.41.470; 24
(3) "mentally incapable" has the meaning given in AS 11.41.470. 25
* Sec. 4. AS 12.55.125(c) is amended to read: 26
(c) Except as provided in (i) of this section, a defendant convicted of a class A 27
felony may be sentenced to a definite term of imprisonment of not more than 20 years, 28
and shall be sentenced to a definite term within the following presumptive ranges, 29
subject to adjustment as provided in AS 12.55.155 - 12.55.175: 30
(1) if the offense is a first felony conviction and does not involve 31 33-GH1482\B
CSHB 66(JUD) -4- HB0066b
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circumstances described in (2) of this subsection, four to seven years; 1
(2) if the offense is a first felony conviction 2
(A) and the defendant possessed a firearm, used a dangerous 3
instrument, or caused serious physical injury or death during the commission 4
of the offense, or knowingly directed the conduct constituting the offense at a 5
uniformed or otherwise clearly identified peace officer, firefighter, correctional 6
employee, emergency medical technician, paramedic, ambulance attendant, or 7
other emergency responder who was engaged in the performance of official 8
duties at the time of the offense, seven to 11 years; 9
(B) and the conviction is for manufacturing related to 10
methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 11
(i) the manufacturing occurred in a building with 12
reckless disregard that the building was used as a permanent or 13
temporary home or place of lodging for one or more children under 18 14
years of age or the building was a place frequented by children; or 15
(ii) in the course of manufacturing or in preparation for 16
manufacturing, the defendant obtained the assistance of one or more 17
children under 18 years of age or one or more children were present; 18
(C) and the conviction is for manufacturing or delivery 19
related to a schedule IA controlled substance, seven to 11 years; 20
(3) if the offense is a second felony conviction, 10 to 14 years; 21
(4) if the offense is a third felony conviction and the defendant is not 22
subject to sentencing under (l) of this section, 15 to 20 years. 23
* Sec. 5. AS 33.20.010(a) is amended to read: 24
(a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 25
convicted of an offense against the state or a political subdivision of the state and 26
sentenced to a term of imprisonment that exceeds three days is entitled to a deduction 27
of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 28
follows the rules of the correctional facility in which the prisoner is confined. A 29
prisoner is not eligible for a good time deduction if the prisoner has been sentenced 30
(1) to a mandatory 99-year term of imprisonment under 31 33-GH1482\B
HB0066b -5- CSHB 66(JUD)
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AS 12.55.125(a) after June 27, 1996; 1
(2) to a definite term under AS 12.55.125(l); 2
(3) for a sexual felony under AS 12.55.125(i) 3
(A) and has one or more prior sexual felony convictions as 4
determined under AS 12.55.145(a)(4); [OR] 5
(B) that is an unclassified or a class A felony; or 6
(4) for an unclassified felony under AS 11.41.100 or 11.41.110; or 7
(5) for a felony under AS 11.71.010 - 11.71.040 for conduct 8
involving manufacturing or delivering, or possessing with the intent to 9
manufacture or deliver, a controlled substance. 10
* Sec. 6. AS 11.41.120(a)(3) is repealed. 11
* Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 12
read: 13
APPLICABILITY. AS 11.41.110(a), as amended by sec. 1 of this Ac t, 14
AS 11.71.010(a), as amended by sec. 2 of this Act, AS 11.71.010(b), as amended by sec. 3 of 15
this Act, AS 12.55.125(c), as amended by sec. 4 of this Act, and AS 33.20.010(a), as amended 16
by sec. 5 of this Act, apply to offenses committed on or after the effective date of this Act. 17
* Sec. 8. This Act takes effect July 1, 2023. 18