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CSHB 47(STA): "An Act relating to the crime of unlawful evasion."

00 CS FOR HOUSE BILL NO. 47(STA)                                                                                           
01 "An Act relating to the crime of unlawful evasion."                                                                     
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 11.56.310(a) is amended  to read:                                                                   
04  (a)  One commits the crime of escape in the second degree if, without lawful                                          
05 authority, one                                                                                                          
06     (1)  removes oneself from                                                                                          
07    (A)  a correctional facility while under official detention;                                                       
08    (B)  official detention for a felony or for extradition; or                                                        
09    (C)  official detention and during the escape, or at any time                                                      
10 before being restored to official detention, one possesses on or about oneself                                          
11 a firearm; or                                                                                                           
12     (2)  violates AS 11.56.340 [OR 11.56.350] and during the time of the                                               
13 unlawful evasion, or at any time before being restored to official detention, one                                       
14 possesses on or about oneself a firearm.                                                                                
01    * Sec. 2.  AS 11.56.320(a) is amended to read:                                                                       
02  (a)  One commits the crime of escape in the third degree if one                                                       
03     (1)  removes oneself from official detention during any lawful                                                     
04 movement or activity incident to confinement within a correctional facility for a                                       
05 misdemeanor; or                                                                                                         
06     (2)  violates AS 11.56.340 [OR 11.56.350] and leaves or attempts to                                                
07 leave the state.                                                                                                        
08    * Sec. 3.  AS 11.56.340 is amended to read:                                                                          
09  Sec. 11.56.340.  UNLAWFUL EVASION [IN THE FIRST DEGREE].  (a) A                                                       
10 person commits the crime of unlawful evasion [IN THE FIRST DEGREE] if, while                                            
11 charged with or convicted of a felony or a misdemeanor,                                                               
12     (1)  the person fails to return to official detention within the time                                              
13 authorized following temporary leave granted for a specific purpose or limited period,                                  
14 including leave granted under AS 33.30.181; or                                                                          
15     (2)  while on furlough under AS 33.30.101 - 33.30.131 the person fails                                             
16 to return to the place of confinement or residence within the time authorized by those                                  
17 having direct supervision.                                                                                              
18     (b)  Unlawful evasion [IN THE FIRST DEGREE] is a class A misdemeanor.                                              
19    * Sec. 4.  AS 18.65.705(4) is amended to read:                                                                       
20     (4)  has not been convicted, within the five years immediately preceding                                           
21 the application, of, and is not currently charged under a complaint, information,                                       
22 indictment, or presentment with, any of the following misdemeanor offenses or similar                                   
23 laws of another jurisdiction:                                                                                           
24    (A)  AS 11.41.230, 11.41.250, 11.41.270;                                                                           
25    (B)  AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484;                                                     
26    (C)  AS 11.51.130;                                                                                                 
27    (D)  AS 11.56.330, 11.56.340, former AS 11.56.350                                                                
28 [11.56.350], 11.56.380, 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.780,                                          
29 11.56.790, 11.56.800, 11.56.805;                                                                                        
30    (E)  AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240;                                                     
31 or                                                                                                                      
01    (F)  AS 11.71.050, 11.71.060;                                                                                      
02    * Sec. 5.  AS 33.30.141(b) is amended to read:                                                                       
03     (b)  The failure of a prisoner on a furlough to return to the place of                                             
04 confinement or residence within the time specified by those having direct supervision                                   
05 over the prisoner in an unlawful evasion under AS 11.56.340 [AS 11.56.340 -                                           
06 11.56.350] .                                                                                                            
07    * Sec. 6.  AS 11.56.350 is repealed.