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LAWS OF ALASKA2016SourceHCS CSSSSB 91(FIN) am HChapter No.AN ACTRelating to civil in rem forfeiture actions; relating to criminal law and procedure; relating tocontrolled substances; relating to victims of criminal offenses; relating to probation; relatingto sentencing; relating to treatment program credit for time spent toward service of a sentenceof imprisonment; relating to the Violent Crimes Compensation Board; establishing a pretrialservices program with pretrial services officers in the Department of Corrections; relating topermanent fund dividends; relating to electronic monitoring; relating to penalties forviolations of municipal ordinances; relating to parole; relating to correctional restitutioncenters; relating to community work service; relating to revocation, termination, suspension,cancellation, or restoration of a driver's license; relating to identification cards and driver'slicenses for parolees; relating to the disqualification of persons convicted of certain felonydrug offenses from participation in the food stamp and temporary assistance programs;relating to the duties of the commissioner of corrections; amending Rules 32, 32.1, 38, and43, Alaska Rules of Criminal Procedure; and providing for an effective date.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:THE ACT FOLLOWS ON PAGE 1Enrolled SB 91

AN ACT1Relating to civil in rem forfeiture actions; relating to criminal law and procedure; relating to2controlled substances; relating to victims of criminal offenses; relating to probation; relating3to sentencing; relating to treatment program credit for time spent toward service of a sentence4of imprisonment; relating to the Violent Crimes Compensation Board; establishing a pretrial5services program with pretrial services officers in the Department of Corrections; relating to6permanent fund dividends; relating to electronic monitoring; relating to penalties for7violations of municipal ordinances; relating to parole; relating to correctional restitution8centers; relating to community work service; relating to revocation, termination, suspension,9cancellation, or restoration of a driver's license; relating to identification cards and driver's10licenses for parolees; relating to the disqualification of persons convicted of certain felony11drug offenses from participation in the food stamp and temporary assistance programs;-1-Enrolled SB 91

1relating to the duties of the commissioner of corrections; amending Rules 32, 32.1, 38, and243, Alaska Rules of Criminal Procedure; and providing for an effective date.345* Section 1. The uncodified law of the State of Alaska is amended by adding a new sectionto read:6LEGISLATIVE INTENT. (a) It is the intent of the legislature that, if the taxes7collected under AS 43.61.010 are lower than projected for fiscal year 2017, the legislature8appropriate funds from the alcohol and other drug abuse treatment and prevention fund9established in AS 43.60.050 to cover the shortfall.101112(b) It is the intent of the legislature that reinvestment of excess funds be made intoproviding additional law enforcement resources in communities throughout the state.* Sec. 2. AS 04.16.160(a) is amended to read:13(a) Except as otherwise provided by law, a person who is 21 years of age or14older may not purchase alcoholic beverages if the person has been ordered to refrain15from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a16sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar17municipal ordinance, [OR] as a condition of probation or parole from a conviction18under AS 28.35.030, 28.35.032, or a similar municipal ordinance, or as a condition of19probation or parole for any other crime. The restriction on purchasing alcoholic20beverages applies during the period that the person is required to refrain from21consuming alcoholic beverages under the sentence or condition of probation or parole.22* Sec. 3. AS 09.55 is amended by adding a new section to read:23Article 10. Civil in rem Forfeiture.24252627Sec. 09.55.700. In rem civil forfeiture actions. Common law civil in remforfeiture actions are abolished if used instead of a criminal proceeding.* Sec. 4. AS 11.41.110(a) is amended to read:(a) A person commits the crime of murder in the second degree if28(1) with intent to cause serious physical injury to another person or29knowing that the conduct is substantially certain to cause death or serious physical30injury to another person, the person causes the death of any person;Enrolled SB 91-2-

1(2) the person knowingly engages in conduct that results in the death2of another person under circumstances manifesting an extreme indifference to the3value of human life;4(3) under circumstances not amounting to murder in the first degree5under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the6person commits or attempts to commit arson in the first degree, kidnapping, sexual7assault in the first degree, sexual assault in the second degree, sexual abuse of a minor8in the first degree, sexual abuse of a minor in the second degree, burglary in the first9degree, escape in the first or second degree, robbery in any degree, or misconduct10involving a controlled substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) -11(8) [11.71.020(a), 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2) and, in the course12of or in furtherance of that crime or in immediate flight from that crime, any person13causes the death of a person other than one of the participants;14(4) acting with a criminal street gang, the person commits or attempts15to commit a crime that is a felony and, in the course of or in furtherance of that crime16or in immediate flight from that crime, any person causes the death of a person other17than one of the participants; or18(5) the person with criminal negligence causes the death of a child19under the age of 16, and the person has been previously convicted of a crime involving20a child under the age of 16 that was21(A) a felony violation of AS 11.41;22(B) in violation of a law or ordinance in another jurisdiction23242526272829with elements similar to a felony under AS 11.41; or(C) an attempt, a solicitation, or a conspiracy to commit acrime listed in (A) or (B) of this paragraph.* Sec. 5. AS 11.41.150(a) is amended to read:(a) A person commits the crime of murder of an unborn child if the person(1) with intent to cause the death of an unborn child or of anotherperson, causes the death of an unborn child;30(2) with intent to cause serious physical injury to an unborn child or to31another person or knowing that the conduct is substantially certain to cause death or-3-Enrolled SB 91

1serious physical injury to an unborn child or to another person, causes the death of an2unborn child;3(3)while acting alone or with one or more persons, commits or4attempts to commit arson in the first degree, kidnapping, sexual assault in the first5degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,6sexual abuse of a minor in the second degree, burglary in the first degree, escape in the7first or second degree, robbery in any degree, or misconduct involving a controlled8substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a),911.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2), and, in the course of or in10furtherance of that crime or in immediate flight from that crime, any person causes the11death of an unborn child;12(4) knowingly engages in conduct that results in the death of an unborn13child under circumstances manifesting an extreme indifference to the value of human14life; for purposes of this paragraph, a pregnant woman's decision to remain in a15relationship in which domestic violence, as defined in AS 18.66.990, has occurred16does not constitute conduct manifesting an extreme indifference to the value of human17life.181920* Sec. 6. AS 11.46.130(a) is amended to read:(a) A person commits the crime of theft in the second degree if the personcommits theft as defined in AS 11.46.100 and2122(1) the value of the property or services, adjusted for inflation asprovided in AS 11.46.982, is 1,000 [ 750] or more but less than 25,000;23(2) the property is a firearm or explosive;24(3) the property is taken from the person of another;25(4) the property is taken from a vessel and is vessel safety or survival26equipment;2728(5) the property is taken from an aircraft and the property is aircraftsafety or survival equipment;29(6) the value of the property, adjusted for inflation as provided in30AS 11.46.982, is 250 or more but less than 1,000 [ 750] and, within the preceding31five years, the person has been convicted and sentenced on two or more separateEnrolled SB 91-4-

123456789101112131415occasions in this or another jurisdiction of(A)an offense under AS 11.46.120, or an offense underanother law or ordinance with similar elements;(B) a crime set out in this subsection or an offense underanother law or ordinance with similar elements;(C) an offense under AS 11.46.140(a)(1), or an offense underanother law or ordinance with similar elements; or(D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or anoffense under another law or ordinance with similar elements; or(7) the property is an access device.* Sec. 7. AS 11.46.140(a) is amended to read:(a) A person commits the crime of theft in the third degree if the personcommits theft as defined in AS 11.46.100 and(1) the value of the property or services, adjusted for inflation asprovided in AS 11.46.982, is 250 or more but less than 1,000 [ 750]; or16(2) [REPEALED]17(3) the value of the property is less than 250 and, within the past five18years, the person has been convicted and sentenced on two or more separate occasions19in this or another jurisdiction of theft or concealment of merchandise, or an offense20under another law or ordinance with similar elements.21* Sec. 8. AS 11.46.150(a) is amended to read:22(a) A person commits the crime of theft in the fourth degree if the person23commits theft as defined in AS 11.46.100 and the value of the property or services,24adjusted for inflation as provided in AS 11.46.982, is less than 250.252627* Sec. 9. AS 11.46.220(c) is amended to read:(c) Concealment of merchandise is(1) a class C felony if28(A) the merchandise is a firearm;29(B) the value of the merchandise, adjusted for inflation as3031provided in AS 11.46.982, is 1,000 [ 750] or more; or(C) the value of the merchandise, adjusted for inflation as-5-Enrolled SB 91

1provided in AS 11.46.982, is 250 or more but less than 1,000 [ 750] and,2within the preceding five years, the person has been convicted and sentenced3on two or more separate occasions in this or another jurisdiction of4(i) the offense of concealment of merchandise under5this paragraph or (2)(A) of this subsection, or an offense under another6law or ordinance with similar elements; or7(ii)an offense under AS 11.46.120, 11.46.130, or811.46.140(a)(1), or an offense under another law or ordinance with9similar elements;10(2) a class A misdemeanor if1112(A) the value of the merchandise, adjusted for inflation asprovided in AS 11.46.982, is 250 or more but less than 1,000 [ 750]; or13(B) the value of the merchandise is less than 250 and, within14the preceding five years, the person has been convicted and sentenced on two15or more separate occasions of the offense of concealment of merchandise or16theft in any degree, or an offense under another law or ordinance with similar17elements;18192021(3) a class B misdemeanor if the value of the merchandise, adjustedfor inflation as provided in AS 11.46.982, is less than 250.* Sec. 10. AS 11.46.260(b) is amended to read:(b) Removal of identification marks is22(1) a class C felony if the value of the property on which the serial23number or identification mark appeared, adjusted for inflation as provided in24AS 11.46.982, is 1,000 [ 750] or more;25(2) a class A misdemeanor if the value of the property on which the26serial number or identification mark appeared, adjusted for inflation as provided in27AS 11.46.982, is 250 or more but less than 1,000 [ 750];28(3) a class B misdemeanor if the value of the property on which the29serial number or identification mark appeared, adjusted for inflation as provided in30AS 11.46.982, is less than 250.31* Sec. 11. AS 11.46.270(b) is amended to read:Enrolled SB 91-6-

1(b) Unlawful possession is2(1) a class C felony if the value of the property on which the serial3number or identification mark appeared, adjusted for inflation as provided in4AS 11.46.982, is 1,000 [ 750] or more;5(2) a class A misdemeanor if the value of the property on which the6serial number or identification mark appeared, adjusted for inflation as provided in7AS 11.46.982, is 250 or more but less than 1,000 [ 750];8(3) a class B misdemeanor if the value of the property on which the9serial number or identification mark appeared, adjusted for inflation as provided in1011AS 11.46.982, is less than 250.* Sec. 12. AS 11.46.280(d) is amended to read:12(d) Issuing a bad check is1314(1) a class B felony if the face amount of the check, adjusted forinflation as provided in AS 11.46.982, is 25,000 or more;15(2) a class C felony if the face amount of the check, adjusted for16inflation as provided in AS 11.46.982, is 1,000 [ 750] or more but less than17 25,000;18(3) a class A misdemeanor if the face amount of the check, adjusted19for inflation as provided in AS 11.46.982, is 250 or more but less than 1,00020[ 750];212223242526(4) a class B misdemeanor if the face amount of the check, adjustedfor inflation as provided in AS 11.46.982, is less than 250.* Sec. 13. AS 11.46.285(b) is amended to read:(b) Fraudulent use of an access device is(1) a class B felony if the value of the property or services obtained,adjusted for inflation as provided in AS 11.46.982, is 25,000 or more;27(2) a class C felony if the value of the property or services obtained,28adjusted for inflation as provided in AS 11.46.982, is 1,000 [ 750] or more but29less than 25,000;30(3) a class A misdemeanor if the value of the property or services31obtained, adjusted for inflation as provided in AS 11.46.982, is less than 1,000-7-Enrolled SB 91

12[ 750].* Sec. 14. AS 11.46.295 is amended to read:3Sec. 11.46.295. Prior convictions. For purposes of considering prior4convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) [OR511.46.140(a)(3),] or in prosecuting the crime of concealment of merchandise under6AS 11.46.220(c),7(1) a conviction for an offense under another law or ordinance with8similar elements is a conviction of an offense having elements similar to those of an9offense defined as such under Alaska law at the time the offense was committed;10(2) a conviction for an offense under Alaska law where the value of the11property or services for the offense was lower than the value of property or services12for the offense under current Alaska law is a prior conviction for that offense; and131415(3) the court shall consider the date of a prior conviction as occurringon the date that sentence is imposed for the prior offense.* Sec. 15. AS 11.46.360(a) is amended to read:16(a) A person commits the crime of vehicle theft in the first degree if, having17no right to do so or any reasonable ground to believe the person has such a right, the18person drives, tows away, or takes1920(1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraftof another;21(2) the propelled vehicle of another and22(A) the vehicle or any other property of another is damaged in a23total amount, adjusted for inflation as provided in AS 11.46.982, of 1,00024[ 750] or more;25(B) the owner incurs reasonable expenses as a result of the loss26of use of the vehicle, in a total amount, adjusted for inflation as provided in27AS 11.46.982, of 1,000 [ 750] or more; or2829(C) the owner is deprived of the use of the vehicle for sevendays or more;3031(3) the propelled vehicle of another and the vehicle is marked as apolice or emergency vehicle; orEnrolled SB 91-8-

12(4) the propelled vehicle of another and, within the preceding sevenyears, the person was convicted under3(A) this section or AS 11.46.365;4(B) former AS 11.46.482(a)(4) or (5);5(C) former AS 11.46.484(a)(2);6(D) AS 11.46.120 - 11.46.140 of an offense involving the theft7of a propelled vehicle; or8(E) a law or ordinance of this or another jurisdiction with9elements substantially similar to those of an offense described in (A) - (D) of1011this paragraph.* Sec. 16. AS 11.46.420(a) is amended to read:1213(a) A person commits the crime of arson in the third degree if the personintentionally damages a motor vehicle1415(1) by starting a fire or causing an explosion while that vehicle islocated on public [STATE OR MUNICIPAL] land; or161718(2) that is the property of another person by starting a fire orcausing an explosion while that vehicle is located on private property.* Sec. 17. AS 11.46.460 is amended to read:19Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits20the offense [CRIME] of disregard of a highway obstruction if, without the right to do21so or a reasonable ground to believe the person has the right, the person2223(1) drives a vehicle through, over, or around an obstruction erected on[UPON] a highway under authority of AS 19.10.100; or2425(2) opens an obstruction erected on [UPON] a highway under authorityof AS 19.10.100.262728(b) Violation of this section is a violation punishable by a fine of not morethan 1,000 [CLASS B MISDEMEANOR].* Sec. 18. AS 11.46.482(a) is amended to read:29(a) A person commits the crime of criminal mischief in the third degree if,30having no right to do so or any reasonable ground to believe the person has such a31right,-9-Enrolled SB 91

1(1) with intent to damage property of another, the person damages2property of another in an amount, adjusted for inflation as provided in3AS 11.46.982, of 1,000 [ 750] or more;45(2)the person recklessly creates a risk of damage in an amountexceeding 100,000 to property of another by the use of widely dangerous means; or6(3) the person knowingly7(A) defaces, damages, or desecrates a cemetery or the contents8of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,9grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or10memorial appears to be abandoned, lost, or neglected;11(B) removes human remains or associated burial artifacts from12a cemetery, tomb, grave, or memorial regardless of whether the cemetery,13tomb, grave, or memorial appears to be abandoned, lost, or neglected.14* Sec. 19. AS 11.46.484(a) is amended to read:15(a) A person commits the crime of criminal mischief in the fourth degree if,16having no right to do so or any reasonable ground to believe the person has such a17right,18(1) with intent to damage property of another, the person damages19property of another in an amount, adjusted for inflation as provided in20AS 11.46.982, of 250 or more but less than 1,000 [ 750];2122(2) the person tampers with a fire protection device in a building that isa public place;2324(3)the person knowingly accesses a computer, computer system,computer program, computer network, or part of a computer system or network;25(4) the person uses a device to descramble an electronic signal that has26been scrambled to prevent unauthorized receipt or viewing of the signal unless the27device is used only to descramble signals received directly from a satellite or unless28the person owned the device before September 18, 1984; or29(5) the person knowingly removes, relocates, defaces, alters, obscures,30shoots at, destroys, or otherwise tampers with an official traffic control device or31damages the work on [UPON] a highway under construction.Enrolled SB 91-10-

1* Sec. 20. AS 11.46.486(a) is amended to read:2(a) A person commits the crime of criminal mischief in the fifth degree if,3having no right to do so or any reasonable ground to believe the person has such a4right,5(1) with reckless disregard for the risk of harm to or loss of the6property or with intent to cause substantial inconvenience to another, the person7tampers with property of another;8(2) with intent to damage property of another, the person damages9property of another in an amount, adjusted for inflation as provided in10AS 11.46.982, less than 250; or111213(3) the person rides in a propelled vehicle knowing it has been stolenor that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1).* Sec. 21. AS 11.46.530(b) is amended to read:14(b) Criminal simulation is15(1)a class C felony if the value of what the object purports to16represent, adjusted for inflation as provided in AS 11.46.982, is 1,000 [ 750] or17more;18(2) a class A misdemeanor if the value of what the object purports to19represent, adjusted for inflation as provided in AS 11.46.982, is 250 or more but20less than 1,000 [ 750];212223242526272829(3) a class B misdemeanor if the value of what the object purports torepresent, adjusted for inflation as provided in AS 11.46.982, is less than 250.* Sec. 22. AS 11.46.620(d) is amended to read:(d) Misapplication of property is(1) a class C felony if the value of the property misapplied, adjustedfor inflation as provided in AS 11.46.982, is 1,000 [ 750] or more;(2) a class A misdemeanor if the value of the property misapplied,adjusted for inflation as provided in AS 11.46.982, is less than 1,000 [ 750].* Sec. 23. AS 11.46.730(c) is amended to read:30(c) Defrauding creditors is a class A misdemeanor unless that secured party,31judgment creditor, or creditor incurs a pecuniary loss, adjusted for inflation as-11-Enrolled SB 91

1provided in AS 11.46.982, of 1,000 [ 750] or more as a result of [TO] the2defendant's conduct, in which case defrauding secured creditors is34(1) a class B felony if the loss, adjusted for inflation as provided inAS 11.46.982, is 25,000 or more;5(2) a class C felony if the loss, adjusted for inflation as provided in6AS 11.46.982, is 1,000 [ 750] or more but less than 25,000.7* Sec. 24. AS 11.46.980 is amended by adding a new subsection to read:8(d) In making a finding related to the degree or classification of a crime under9this chapter, a court shall refer to the most recent property value threshold set by the1011Alaska Judicial Council under AS 11.46.982.* Sec. 25. AS 11.46 is amended by adding a new section to read:12Sec. 11.46.982. Adjustment for inflation increasing the value of property13or services as an element of an offense. (a) The Alaska Judicial Council shall publish14a report on July 1, 2020, calculating the increase in value, if any, of property or15services as an element of an offense in this chapter from a base value of 250 and16 1,000, based on a formula provided by the Department of Labor and Workforce17Development, reflecting the change in the Consumer Price Index for the Anchorage18metropolitan area compiled by the Bureau of Labor Statistics, United States19Department of Labor.2021(b) The Alaska Judicial Council shall, in calculating the price of property orservices as provided in this section,2223(1) recalculate the base value of property and services of 250 and 1,000 every five years; and24252627(2) report the base value of property and services of 250 and 1,000rounded to the nearest 50 increment.(c) The Alaska Judicial Council shall publish the report provided in thissection by electronically providing copies of the report28(1) to all law enforcement agencies in the state;29(2) to the Public Defender Agency;30(3) to the office of public advocacy;31(4) to the attorney general;Enrolled SB 91-12-

1(5) to the court system;2(6) on the judicial council's Internet website; and3(7)456to the senate secretary and the chief clerk of the house ofrepresentatives.* Sec. 26. AS 11.56.730(a) is amended to read:(a) A person commits the offense [CRIME] of failure to appear if the person7(1) is released under the provisions of AS 12.30;8(2) knows that the person is required to appear before a court or9judicial officer at the time and place of a scheduled hearing; and101112(3)with criminal negligence does not appear before the court orjudicial officer at the time and place of the scheduled hearing.* Sec. 27. AS 11.56.730(c) is amended to read:13(c) A person who commits failure to appear incurs a forfeiture of any security14for any appearance of the person that was given or pledged to the court for the person's15release [, AND IS GUILTY OF A16(1) CLASS C FELONY IF THE PERSON WAS RELEASED IN17CONNECTION WITH A CHARGE OF A FELONY, OR WHILE AWAITING18SENTENCE OR APPEAL AFTER CONVICTION OF A FELONY;1920(2) CLASS A MISDEMEANOR IF THE PERSON WAS RELEASEDIN CONNECTION WITH A21(A)CHARGE OF A MISDEMEANOR, OR WHILE22AWAITING SENTENCE OR APPEAL AFTER CONVICTION OF A23MISDEMEANOR; OR24252627(B)REQUIREMENT TO APPEAR AS A MATERIALWITNESS IN A CRIMINAL PROCEEDING].* Sec. 28. AS 11.56.730 is amended by adding new subsections to read:(d) Failure to appear is a28(1) class C felony if the person was released in connection with a29charge of a felony or while awaiting sentence or appeal after conviction of a felony30and the person31(A) does not make contact with the court or a judicial officer-13-Enrolled SB 91

1within 30 days after the person does not appear at the time and place of a2scheduled hearing; or34(B)does not appear at the time and place of a scheduledhearing to avoid prosecution;5(2) class A misdemeanor if the person was released in connection with6a charge of a misdemeanor, while awaiting sentence or appeal after conviction of a7misdemeanor, or in connection with a requirement to appear as a material witness in a8criminal proceeding, and the person9(A) does not make contact with the court or a judicial officer10within 30 days after the person does not appear at the time and place of a11scheduled hearing; or12(B)13hearing to avoid prosecution; or14does not appear at the time and place of a scheduled(3) violation punishable by a fine of up to 1,000.15(e) In a prosecution for failure to appear under (a) of this section, it is not a16defense that the defendant did not receive a reminder notification from a court or17judicial officer under Rule 38(e), Alaska Rules of Criminal Procedure.181920* Sec. 29. AS 11.56.757(a) is amended to read:(a) A person commits the offense [CRIME] of violation of condition ofrelease if the person21(1) has been charged with a crime or convicted of a crime;22(2) has been released under AS 12.30; and23(3) violates a condition of release imposed by a judicial officer under2425AS 12.30, other than the requirement to appear as ordered by a judicial officer.* Sec. 30. AS 11.56.757(b) is amended to read:26(b) Violation of condition of release is a violation punishable by a fine of up27to 1,000 [(1) A CLASS A MISDEMEANOR IF THE PERSON IS RELEASED28FROM A CHARGE OR CONVICTION OF A FELONY;293031(2) A CLASS B MISDEMEANOR IF THE PERSON IS RELEASEDFROM A CHARGE OR CONVICTION OF A MISDEMEANOR].* Sec. 31. AS 11.56.759(a) is amended to read:Enrolled SB 91-14-

12(a) A person commits the crime of violation by sex offender of condition ofprobation if the person3(1) is on probation for conviction of a sex offense;4(2) has served the entire term of incarceration imposed for conviction5of the sex offense; S 12.55.100(a)(2)(E), (a)(2)(F) [AS 12.55.100(a)(5), (a)(6)], or (e), 12.55.101(a)(1),8or any other condition imposed by the court that the court finds to be specifically9related to the defendant's offense.10* Sec. 32. AS 11.61.110(c) is amended to read:11(c) Disorderly conduct is a class B misdemeanor [AND IS PUNISHABLE AS12AUTHORIZED IN AS 12.55 EXCEPT THAT A SENTENCE OF IMPRISONMENT,13IF IMPOSED, SHALL BE FOR A DEFINITE TERM OF NOT MORE THAN 1014DAYS].1516* Sec. 33. AS 11.61.145(d) is amended to read:(d) Promoting an exhibition of fighting animals17(1) under (a)(1) or (2) of this section is a class C felony;18(2) under (a)(3) of this section is19(A) a violation20(i) for the first offense;21(ii) punishable by a fine of not more than 1,000 [, A22CLASS B MISDEMEANOR] for the second offense; [,] and232425262728293031(B) a class A misdemeanor for the third and each subsequentoffense.* Sec. 34. AS 11.61.150(a) is amended to read:(a) A person commits the offense [CRIME] of obstruction of highways if theperson knowingly(1) places, drops, or permits to drop on a highway any substance thatcreates a substantial risk of physical injury to others using the highway; or(2) renders a highway impassable or passable only with unreasonableinconvenience or hazard.-15-Enrolled SB 91

12345* Sec. 35. AS 11.61.150(c) is amended to read:(c) Obstruction of highways is a violation punishable by a fine of not morethan 1,000 [CLASS B MISDEMEANOR].* Sec. 36. AS 11.66.100 is amended by adding a new subsection to read:(e) A person may not be prosecuted under (a)(1) of this section if the67(1)person witnessed or was a victim of, and reported to lawenforcement in good faith, one or more of the following crimes:8(A) murder in the first degree under AS 11.41.100;9(B) murder in the second degree under AS 11.41.110;10(C) manslaughter under AS 11.41.120;11(D) criminally negligent homicide under AS 11.41.130;12(E) assault in the first degree under AS 11.41.200;13(F) assault in the second degree under AS 11.41.210;14(G) assault in the third degree under AS 11.41.220;15(H) assault in the fourth degree under AS 11.41.230;16(I) sexual assault in the first degree under AS 11.41.410;17(J) sexual assault in the second degree under AS 11.41.420;18(K) sexual assault in the third degree under AS 11.41.425;19(L) sexual assault in the fourth degree under AS 11.41.427;20(M)sexual abuse of a minor in the first degree under(N)sexual abuse of a minor in the second degree under(O)sexual abuse of a minor in t

LAWS OF ALASKA 2016 Source Chapter No. HCS CSSSSB 91(FIN) am H _ AN ACT . 43, Alaska Rules of Criminal Procedure; and providing for an effective date. _ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA