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HB 481: "An Act authorizing capital punishment, classifying murder in the first degree as a capital felony, and allowing the imposition of the death penalty when certain of those murders are committed against children; establishing sentencing procedures for capital felonies; and amending Rules 32, 32.1, and 32.3, Alaska Rules of Criminal Procedure, and Rules 204, 209, 210, and 212, Alaska Rules of Appellate Procedure."

00 HOUSE BILL NO. 481                                                                                                      
01 "An Act authorizing capital punishment, classifying murder in the first degree as                                       
02 a capital felony, and allowing the imposition of the death penalty when certain                                         
03 of those murders are committed against children; establishing sentencing procedures                                     
04 for capital felonies; and amending Rules 32, 32.1, and 32.3, Alaska Rules of                                            
05 Criminal Procedure, and Rules 204, 209, 210, and 212, Alaska Rules of Appellate                                         
06 Procedure."                                                                                                             
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1.  AS 05.15.140(b) is amended to read:                                                                    
09  (b)  In an application for a permit, a municipality or qualified organization shall                                   
10 disclose the name and address of each person responsible for the operation of the                                       
11 activity and whether any person named                                                                                   
12   (1)  has been convicted of a violation of a law of this state that is, or                                            
13 a law or ordinance of another state that would be if committed in this state, a capital                                
14 or [AN] unclassified felony described in AS 11, a Class A felony, extortion, or a                                      
01 violation of a law or ordinance of this state or another jurisdiction that is a crime                                   
02 involving theft or dishonesty or a violation of gambling laws; or                                                       
03   (2)  has a prohibited financial interest, as defined in regulations adopted                                          
04 by the department, in the operation of the activity.                                                                    
05    * Sec. 2.  AS 11.31.100(d) is amended to read:                                                                       
06  (d)  An attempt is                                                                                                    
07   (1)  an unclassified felony if the crime attempted is murder in the first                                            
08 degree;                                                                                                                 
09   (2)  a class A felony if the crime attempted is an unclassified felony                                               
10 [OTHER THAN MURDER IN THE FIRST DEGREE];                                                                                
11   (3)  a class B felony if the crime attempted is a class A felony;                                                    
12   (4)  a class C felony if the crime attempted is a class B felony;                                                    
13   (5)  a class A misdemeanor if the crime attempted is a class C felony;                                               
14   (6)  a class B misdemeanor if the crime attempted is a class A or class                                              
15 B misdemeanor.                                                                                                          
16    * Sec. 3.  AS 11.31.110(c) is amended to read:                                                                       
17  (c)  Solicitation is a                                                                                                
18   (1)  class A felony if the crime solicited is a capital or [AN]                                                    
19 unclassified felony;                                                                                                    
20   (2)  class B felony if the crime solicited is a class A felony;                                                      
21   (3)  class C felony if the crime solicited is a class B felony;                                                      
22   (4)  class A misdemeanor if the crime solicited is a class C felony;                                                 
23   (5)  class B misdemeanor if the crime solicited is a class A or class B                                              
24 misdemeanor.                                                                                                            
25    * Sec. 4.  AS 11.31.120(h) is amended to read:                                                                       
26  (h)  Conspiracy is                                                                                                    
27   (1)  an unclassified felony if the object of the conspiracy is murder in                                             
28 the first degree;                                                                                                       
29   (2)  a class A felony if the object of the conspiracy is a crime                                                     
30 punishable as an unclassified felony [OTHER THAN MURDER IN THE FIRST                                                    
31 DEGREE];                                                                                                                
01   (3)  a class B felony if the object of the conspiracy is a crime                                                     
02 punishable as a class A felony;                                                                                         
03   (4)  a class C felony if the object of the conspiracy is a crime                                                     
04 punishable as a class B felony.                                                                                         
05    * Sec. 5.  AS 11.31.120(i) is amended to read:                                                                       
06  (i)  In this section,                                                                                                 
07   (1)  "overt act in furtherance of the conspiracy" means an act of such                                               
08 character that it manifests a purpose on the part of the actor that the object of the                                   
09 conspiracy be completed;                                                                                                
10   (2)  "serious felony offense" means an offense                                                                       
11   (A)  against the person under AS 11.41, punishable as a capital,                                                 
12 an unclassified, or class A felony; or                                                                               
13   (B)  involving controlled substances under AS 11.71, punishable                                                     
14 as an unclassified, class A, or class B felony.                                                                         
15    * Sec. 6.  AS 11.41.100(b) is amended to read:                                                                       
16  (b)  Murder in the first degree is a capital [AN UNCLASSIFIED] felony and                                           
17 is punishable as provided in AS 12.55.125(a) [AS 12.55].                                                              
18    * Sec. 7.  AS 12.30.020(a) is amended to read:                                                                       
19  (a)  A person charged with an offense shall, at that person's first appearance                                        
20 before a judicial officer, be ordered released pending trial on the person's personal                                   
21 recognizance or upon the execution of an unsecured appearance bond in an amount                                         
22 specified by the judicial officer unless the offense is a capital felony, an unclassified                             
23 felony, or a class A felony or unless the officer determines that the release of the                                
24 person will not reasonably assure the appearance of the person as required, or will                                     
25 pose a danger to other persons and the community.  If the offense with which a person                                   
26 is charged is a felony, on motion of the prosecuting attorney, the judicial officer may                                 
27 allow the prosecuting attorney up to 48 hours to demonstrate that release of the person                                 
28 on the person's personal recognizance or upon the execution of an unsecured                                             
29 appearance bond will not reasonably assure the appearance of the person, or will pose                                   
30 a danger to other persons and the community.                                                                            
31    * Sec. 8.  AS 12.30.040(b) is amended to read:                                                                       
01  (b)  Notwithstanding the provisions of (a) of this section, a person may not be                                       
02 released on bail either before sentencing or pending appeal if the person has been                                      
03 convicted of an offense that is                                                                                         
04   (1)  a capital felony, an unclassified felony, or a class A felony; or                                           
05   (2)  a class B or class C felony if the person has been previously                                                   
06 convicted of an offense in this state that is an unclassified felony, a class A felony, or                              
07 a violation of AS 11.41.260, 11.41.420 - 11.41.425, or 11.41.436 - 11.41.438 or of an                                   
08 offense in another jurisdiction with elements substantially similar to an offense of this                               
09 state described in this paragraph.                                                                                      
10    * Sec. 9.  AS 12.47.110(b) is amended to read:                                                                       
11  (b)  On or before the expiration of the initial 90-day period of commitment the                                       
12 court shall conduct a hearing to determine whether or not the defendant remains                                         
13 incompetent.  If the court finds by a preponderance of the evidence that the defendant                                  
14 remains incompetent, the court may recommit the defendant for a second period of 90                                     
15 days. The court shall determine at the expiration of the second 90-day period whether                                   
16 the defendant has become competent.  If at the expiration of the second 90-day period                                   
17 the court determines that the defendant continues to be incompetent to stand trial, the                                 
18 charges against the defendant shall be dismissed without prejudice and continued                                        
19 commitment of the defendant shall be governed by the provisions relating to civil                                       
20 commitments under AS 47.30.700 - 47.30.915 unless the defendant is charged with a                                       
21 crime involving force against a person and the court finds that the defendant presents                                  
22 a substantial danger of physical injury to other persons and that there is a substantial                                
23 probability that the defendant will regain competency within a reasonable period of                                     
24 time, in which case the court may extend the period of commitment for an additional                                     
25 six months.  If the defendant remains incompetent at the expiration of the additional                                   
26 six-month period, the charges shall be dismissed without prejudice and either civil                                     
27 commitment proceedings shall be instituted or the court shall order the release of the                                  
28 defendant.  If the defendant remains incompetent for five years after the charges have                                  
29 been dismissed under this subsection, the defendant may not be charged again for an                                     
30 offense arising out of the facts alleged in the original charges, except if the original                                
31 charge is a class A felony, [OR] unclassified felony, or capital felony.                                            
01    * Sec. 10.  AS 12.55.025(i) is amended to read:                                                                      
02  (i)  Except as provided by AS 12.55.125(a)(3), 12.55.125(k), 12.55.145(d),                                            
03 12.55.155(f), and 12.55.165, or in determining if a sentence of death should be                                        
04 imposed under AS 12.58, the preponderance of the evidence standard of proof applies                                    
05 to sentencing proceedings.                                                                                              
06    * Sec. 11.  AS 12.55.125(a) is amended to read:                                                                      
07  (a)  A defendant convicted of murder in the first degree shall be sentenced to                                        
08 a definite term of imprisonment of at least 20 years but not more than 99 years, or                                    
09 shall be sentenced to death. A defendant convicted of murder in the first degree, but                                 
10 not sentenced to death, shall be sentenced to a mandatory term of imprisonment of                                      
11 99 years when                                                                                                           
12   (1)  the defendant is convicted of the murder of a uniformed or                                                      
13 otherwise clearly identified peace officer, fire fighter, or correctional officer who was                               
14 engaged in the performance of official duties at the time of the murder;                                                
15   (2)  the defendant has been previously convicted of                                                                  
16   (A)  murder in the first degree under AS 11.41.100 or former                                                        
17 AS 11.15.010 or 11.15.020;                                                                                              
18   (B)  murder in the second degree under AS 11.41.110 or former                                                       
19 AS 11.15.030; or                                                                                                        
20   (C)  homicide under the laws of another jurisdiction when the                                                       
21 offense of which the defendant was convicted contains elements similar to first                                         
22 degree murder under AS 11.41.100 or second degree murder under                                                          
23 AS 11.41.110; or                                                                                                        
24   (3)  the court finds by clear and convincing evidence that the defendant                                             
25 subjected the murder victim to substantial physical torture.                                                            
26    * Sec. 12.  AS 12.55.125(f) is amended to read:                                                                      
27  (f)  If a defendant is sentenced under (a) or (b) of this section,                                                    
28   (1)  imprisonment for the prescribed minimum term may not be                                                         
29 suspended under AS 12.55.080;                                                                                           
30   (2)  imposition of sentence may not be suspended under AS 12.55.085;                                                 
31   (3)  imprisonment for the prescribed minimum term may not be                                                         
01 otherwise reduced;                                                                                                     
02   (4)  a sentence of death may not be suspended under AS 12.55.080.                                                   
03    * Sec. 13.  AS 12.55.145(a) is amended to read:                                                                      
04  (a) For purposes of considering prior convictions in imposing sentence under                                          
05 AS 12.55.125(c), (d)(1), (d)(2), (e)(1), (e)(2), or (i)                                                                 
06   (1)  a prior conviction may not be considered if a period of 10 or more                                              
07 years has elapsed between the date of the defendant's unconditional discharge on the                                    
08 immediately preceding offense and commission of the present offense unless the prior                                    
09 conviction was for a capital, [AN] unclassified, or class A felony;                                                 
10   (2)  a conviction in this or another jurisdiction of an offense having                                               
11 elements similar to those of a felony defined as such under Alaska law at the time the                                  
12 offense was committed is considered a prior felony conviction;                                                          
13   (3)  two or more convictions arising out of a single, continuous criminal                                            
14 episode during which there was no substantial change in the nature of the criminal                                      
15 objective are considered a single conviction unless the defendant was sentenced to                                      
16 consecutive sentences for the crimes; offenses committed while attempting to escape                                     
17 or avoid detection or apprehension after the commission of another offense are not part                                 
18 of the same criminal episode or objective.                                                                              
19    * Sec. 14.  AS 12.55.155(f) is amended to read:                                                                      
20  (f)  Under this section, if [IF] the state seeks to establish a factor in                                           
21 aggravation at sentencing or if the defendant seeks to establish a factor in mitigation                                 
22 at sentencing, written notice must be served on the opposing party and filed with the                                   
23 court not later than 10 days before the date set for imposition of sentence. Under this                                
24 section, factors [FACTORS] in aggravation and factors in mitigation must be                                            
25 established by clear and convincing evidence before the court sitting without a jury.                                   
26 All findings must be set out with specificity.                                                                          
27    * Sec. 15.  AS 12 is amended by adding a new chapter to read:                                                        
28 CHAPTER 58.  CAPITAL PUNISHMENT.                                                                                        
29 ARTICLE 1.  IMPOSITION OF SENTENCE.                                                                                     
30     Sec. 12.58.010.  SENTENCING PROCEDURE FOR A CAPITAL FELONY.                                                        
31 (a)  If, after a trial by jury, a defendant is convicted of a capital felony, the court shall                           
01 conduct a separate sentencing proceeding before the trial jury as soon as practicable.                                  
02 If a jury trial has been waived or if the defendant has pled guilty, the sentencing                                     
03 proceeding shall be held before a jury impaneled for the purpose.                                                       
04     (b)  During the sentencing proceeding, evidence may be presented as to any                                         
05 aggravating or mitigating factor that the court considers to have probative value,                                      
06 regardless of the admissibility of the evidence under the rules of evidence.  The                                       
07 defendant shall have an opportunity to rebut hearsay evidence that is admitted.  The                                    
08 state and the defendant or the defendant's counsel shall be permitted to present oral                                   
09 statements.  This subsection does not authorize the introduction of evidence in                                         
10 violation of the Constitution of the State of Alaska or the Constitution of the United                                  
11 States.                                                                                                                 
12     (c)  After hearing the evidence, the jury shall deliberate and recommend a                                         
13 sentence to the court.  The recommended sentence must include written findings of                                       
14 whether the jury unanimously finds                                                                                      
15          (1)  beyond a reasonable doubt that an aggravating factor or factors exist                                    
16 to justify the death sentence;                                                                                          
17          (2)  by a preponderance of the evidence that the aggravating factor or                                        
18 factors outweigh any mitigating factors found to exist by a preponderance of the                                        
19 evidence; and                                                                                                           
20          (3)  that the defendant should be sentenced to death.                                                         
21     Sec. 12.58.020.  SENTENCE IMPOSITION FOR CAPITAL FELONY.  (a)                                                      
22 After considering the evidence and the recommended sentence, the court shall enter                                      
23 a sentence of death or a term of imprisonment in accordance with AS 12.55.125(a).                                       
24 The court may not impose the death sentence unless the jury (1) finds beyond a                                          
25 reasonable doubt at least one aggravating factor, (2) finds by a preponderance of the                                   
26 evidence that that factor or those factors are not outweighed by any mitigating factors                                 
27 found to exist by a preponderance of the evidence, and (3) recommends that the                                          
28 defendant be sentenced to death.  If the jury findings include an aggravating factor or                                 
29 factors that are not outweighed by one or more of the mitigating factors and if the jury                                
30 recommends a sentence of death, the court shall sentence the defendant to death.  If                                    
31 a sentence of death is not recommended by the jury, the court shall sentence the                                        
01 defendant to a term of imprisonment under AS 12.55.125(a).                                                              
02     (b)  When the court enters a sentence of death, it shall state in writing the                                      
03 jury's findings of                                                                                                      
04          (1)  aggravating factors that exist to justify the sentence; and                                              
05          (2)  mitigating factors considered but found insufficient to outweigh the                                     
06 aggravating factors.                                                                                                    
07     (c)  A judgment of conviction for which a sentence of death is imposed is                                          
08 subject to automatic review under AS 12.58.100.                                                                         
09     Sec. 12.58.030.  AGGRAVATING FACTORS.  In determining whether to                                                   
10 impose a sentence of death, the following aggravating factors may be considered:  the                                   
11 defendant's conduct caused the death of a child under 18 years of age, the defendant,                                   
12 at the time of the offense, was at least two years older than the child, and the                                        
13 defendant                                                                                                               
14   (1)  was kidnaping, assaulting, or sexually assaulting, or was attempting                                            
15 to kidnap, assault, or sexually assault, the child; or                                                                  
16   (2)  had kidnaped, assaulted, or sexually assaulted the child.                                                       
17     Sec. 12.58.040.  MITIGATING FACTORS.  In determining whether to impose                                             
18 the death sentence, all mitigating factors shall be considered, including, but not limited                              
19 to, the following:                                                                                                      
20          (1)  the defendant committed the offense under a degree of duress,                                            
21 coercion, threat, or compulsion that was insufficient to constitute a defense but that                                  
22 significantly affected the defendant's conduct;                                                                         
23          (2)  the conduct of a youthful defendant was substantially influenced by                                      
24 a person more mature than the defendant;                                                                                
25          (3)  the defendant acted with serious provocation from the victim;                                            
26          (4)  the defendant assisted authorities to detect or apprehend other                                          
27 persons who committed the offense with the defendant.                                                                   
28 ARTICLE 2.  SENTENCE REVIEW.                                                                                            
29     Sec. 12.58.100.  REVIEW OF JUDGMENT OF CONVICTION OF A                                                             
30 CAPITAL FELONY.  (a)  A judgment of conviction of a capital felony for which a                                          
31 sentence of death is imposed shall automatically be reviewed by the supreme court                                       
01 within 60 days after imposition of the sentence. This time limit may be extended by                                     
02 the supreme court for good cause.                                                                                       
03     (b)  A review under this section has priority over all other cases and the case                                    
04 shall be heard in accordance with rules adopted by the supreme court.  On review, the                                   
05 court shall determine whether                                                                                           
06          (1)  the sentence was imposed under the influence of passion, prejudice,                                      
07 or other arbitrary factor;                                                                                              
08          (2)  the evidence supports the finding of an aggravating factor under                                         
09 AS 12.58.030 and whether the jury has properly considered mitigating factors under                                      
10 AS 12.58.040;                                                                                                           
11          (3)  the sentence is excessive or disproportionate to the penalty imposed                                     
12 in similar cases, considering both the crime and the defendant; and                                                     
13          (4)  any other issue that the defendant may raise as a point on appeal.                                       
14     (c)  In its consideration of an automatic appeal under (a) and (b) of this section,                                
15 the supreme court                                                                                                       
16          (1)  may not require the defendant to file a notice of appeal unless the                                      
17 defendant raises an issue as a point on appeal under (b)(4) of this section;                                            
18          (2)  may not require the defendant to pay a fee;                                                              
19          (3)  shall designate the entire record of the proceedings before the                                          
20 sentencing court as the record on appeal;                                                                               
21          (4)  shall prepare the transcript of the proceedings for the record on                                        
22 appeal at public expense; and                                                                                           
23          (5)  may not require the defendant to submit and file a brief unless the                                      
24 defendant raises an issue as a point on appeal under (b)(4) of this section.                                            
25     Sec. 12.58.110.  ISSUANCE OF DEATH WARRANT.  If the supreme court                                                  
26 upholds a judgment of conviction and sentence of death, the court shall issue a death                                   
27 warrant that specifies a date of execution.  The specified date of execution must be not                                
28 less than 30 days nor more than 60 days after the date of the warrant.  The death                                       
29 warrant shall be delivered to the commissioner of corrections.                                                          
30 ARTICLE 3.  ADMINISTRATION OF THE DEATH PENALTY.                                                                        
31  Sec. 12.58.200.  ADMINISTRATION OF THE DEATH PENALTY.  The                                                            
01 commissioner shall establish a procedure for the execution of a sentence of death                                       
02 ordered by the state supreme court at the time and place legally appointed.                                             
03     Sec. 12.58.210.  EXECUTION UNDER SUPREME COURT DEATH                                                               
04 WARRANT.  After receiving a supreme court warrant issued under AS 12.58.110, the                                        
05 commissioner shall specify the time and place of execution.                                                             
06  Sec. 12.58.220.  MANNER OF EXECUTION.  (a)  The punishment of death                                                   
07 shall be inflicted by continuous, intravenous administration of a lethal dose of sodium                                 
08 thiopental until death is pronounced by a licensed physician.                                                           
09  (b)  A death sentence shall be carried out within a state correctional facility.                                      
10     Sec. 12.58.230.  RETURN OF DEATH WARRANT.  After the execution the                                                 
11 commissioner shall make a return upon the death warrant showing the time and place                                      
12 in which the defendant was executed.                                                                                    
13 ARTICLE 4.  STAY OF EXECUTION.                                                                                          
14     Sec. 12.58.300.  INCOMPETENCY OR PREGNANCY OF PERSON                                                               
15 SENTENCED TO DEATH.  If, after a sentence of death is imposed, the commissioner                                         
16 has reason to believe that the defendant has become incompetent to proceed with the                                     
17 execution or that the defendant is pregnant, the commissioner shall immediately give                                    
18 written notice to the court in which the sentence of death was imposed, the prosecuting                                 
19 attorney, and counsel for the defendant.  The execution of sentence shall be stayed                                     
20 pending further order of the court.                                                                                     
21     Sec. 12.58.310.  EXAMINATION INTO COMPETENCY.  (a)  On receipt of                                                  
22 notice under AS 12.58.300 that the defendant is believed to be incompetent, the                                         
23 sentencing court shall examine the mental condition of the defendant in the same                                        
24 manner as provided for examining persons for competency to stand trial under                                            
25 AS 12.47.070.                                                                                                           
26     (b)  If the sentencing court finds that the defendant is incompetent, the court                                    
27 shall immediately certify that finding to the supreme court and the commissioner and                                    
28 shall enter an order for commitment in the same manner as provided for commitment                                       
29 under AS 12.47.110.                                                                                                     
30     (c)  If the sentencing court finds that the defendant is competent, the court shall                                
31 immediately certify the finding to the supreme court and the commissioner.  The                                         
01 supreme court shall issue and deliver another warrant to the commissioner under                                         
02 AS 12.58.110, together with a copy of the certified finding.  Unless the sentencing                                     
03 court's finding is appealed in accordance with applicable court rule, the warrant shall                                 
04 specify a date of execution that is not less than 30 days nor more than 60 days after                                   
05 the date of the warrant.                                                                                                
06     Sec. 12.58.320.  DISPOSITION PENDING PREGNANCY.  (a)  If the                                                       
07 defendant is pregnant, the sentencing court shall immediately certify that finding to the                               
08 supreme court and the commissioner.  The supreme court shall issue an order staying                                     
09 the execution of the sentence of death during the pregnancy.                                                            
10     (b)  When the defendant is no longer pregnant, the sentencing court shall                                          
11 immediately certify the finding to the supreme court and the commissioner.  The                                         
12 supreme court shall issue and deliver another warrant under AS 12.58.110, together                                      
13 with a copy of the certified finding.  Unless the sentencing court's finding is appealed                                
14 under applicable court rule, the warrant shall specify a date of execution not less than                                
15 30 days nor more than 60 days after the date of the warrant.                                                            
16 ARTICLE 5.  GENERAL PROVISIONS.                                                                                         
17     Sec. 12.58.900.  DEFINITIONS.  In this chapter,                                                                    
18          (1)  "commissioner" means the commissioner of corrections;                                                    
19          (2)  "department" means the Department of Corrections.                                                        
20    * Sec. 16.  AS 22.07.020(a) is amended to read:                                                                      
21  (a)  The court of appeals has appellate jurisdiction in actions and proceedings                                       
22 commenced in the superior court involving:                                                                              
23   (1)  criminal prosecution, except prosecution for a capital felony for                                              
24 which a death sentence is imposed;                                                                                     
25   (2)  post-conviction relief;                                                                                         
26   (3)  children's court matters under AS 47.10.010(a)(1), including waiver                                             
27 of children's court jurisdiction over a minor under AS 47.10;                                                           
28   (4)  extradition;                                                                                                    
29   (5)  habeas corpus;                                                                                                  
30   (6)  probation and parole; and                                                                                       
31   (7)  bail.                                                                                                           
01    * Sec. 17.  AS 22.07.020(b) is amended to read:                                                                      
02  (b)  Except for appeals of a death sentence or as limited in AS 12.55.120, the                                      
03 court of appeals has jurisdiction to hear appeals of unsuspended sentences of                                           
04 imprisonment exceeding two years for a felony offense or 120 days for a misdemeanor                                     
05 offense imposed by the superior court on the grounds that the sentence is excessive,                                    
06 or a sentence of any length on the grounds that it is too lenient. The court of appeals,                                
07 in the exercise of this jurisdiction, may modify the sentence as provided by law and                                    
08 the state constitution.                                                                                                 
09    * Sec. 18.  AS 47.10.010(e) is amended to read:                                                                      
10  (e)  When a minor who was at least 16 years of age at the time of the offense                                         
11 is arraigned on a charge for an offense specified in this subsection, AS 47.10.020 -                                    
12 47.10.090 and the Alaska Delinquency Rules do not apply to the offense for which the                                    
13 minor is arraigned or to any additional offenses joinable to it under the applicable rules                              
14 of court governing criminal procedure. The minor shall be charged, prosecuted, and                                      
15 sentenced in the superior court in the same manner as an adult unless the minor is                                      
16 convicted of some offense other than an offense specified in this subsection, in which                                  
17 event the minor may attempt to prove, by a preponderance of the evidence, that the                                      
18 minor is amenable to treatment under this chapter. If the court finds that the minor is                                 
19 amenable to treatment under this chapter, the minor shall be treated as though the                                      
20 charges had been heard under AS 47.10.010 - 47.10.142, and the court shall order                                        
21 disposition of the charges of which the minor is convicted under AS 47.10.080(b). The                                   
22 provisions of this subsection apply when the minor is arraigned on a charge                                             
23   (1)  that is a capital felony, an unclassified felony, or a class A felony                                       
24 and the felony is a crime against a person; or                                                                          
25   (2)  of arson in the first degree.                                                                                   
26    * Sec. 19.  AS 47.10.060(f) is amended to read:                                                                      
27  (f) For purposes of making a determination under (a) and (d) of this section,                                         
28   (1)  the standard of proof is by a preponderance of the evidence; and                                                
29   (2)  the burden of proof that a minor is not amenable to treatment under                                             
30 AS 47.10.010 - 47.10.142 is on the state; however, if the petition filed under                                          
31 AS 47.10.020 seeking to have the court declare a minor a delinquent is based on the                                     
01 minor's alleged commission of an offense that is a capital felony, an unclassified                                    
02 felony, or class A felony and that is a crime against a person, the minor                                             
03   (A)  is rebuttably presumed not to be amenable to treatment                                                         
04 under AS 47.10.010 - 47.10.142; and                                                                                     
05   (B)  has the burden of proof of showing that the minor is                                                           
06 amenable to treatment under AS 47.10.010 - 47.10.142.                                                                   
07    * Sec. 20.  APPLICABILITY TO CRIMINAL RULES.  AS 12.58, added by sec. 15 of this                                     
08 Act, has the effect of modifying the sentencing provisions of Rules 32, 32.1, and 32.3, Alaska                          
09 Rules of Criminal Procedure, by establishing exclusive procedures for imposition of death                               
10 sentence by a trial court and by authorizing automatic appeal of those sentences to the Alaska                          
11 Supreme Court.                                                                                                          
12    * Sec. 21.  APPLICABILITY TO APPELLATE RULES.  AS 12.58.100, added by sec. 15                                        
13 of this Act, has the effect of amending Rules 204, 209, 210, and 212, Alaska Rules of                                   
14 Appellate Procedure, by establishing procedures and limitations on procedures relating to the                           
15 filing and disposition of appeals of sentences in cases in which the death penalty is imposed.