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24th Legislature(2005-2006)

Bill Text 24th Legislature


00                             HOUSE BILL NO. 132                                                                          
01 "An Act relating to sentencing for certain crimes committed against the elderly; and                                    
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
05 to read:                                                                                                                
06       INTENT; FINDINGS.  (a)  It is the intent of the legislature to further the important                              
07 state interest of deterring and punishing persons who commit crimes against the elderly.                                
08       (b)  The legislature finds that                                                                                   
09            (1)  the number of the elderly is rapidly growing in this state and will double,                             
10 or possibly triple, by 2018;                                                                                            
11            (2)  the elderly are particularly vulnerable to crimes against the person under                              
12 AS 11.41;                                                                                                               
13            (3)  the elderly suffer more physical and emotional harm from these crimes                                   
14 than do younger victims;                                                                                                
01            (4)  theft and fraud are serious problems in this state, and certain types of                                
02 schemes that defraud, such as telemarketing fraud, are specifically targeted at the elderly;                            
03            (5)  the elderly are often on fixed incomes with a limited financial ability to                              
04 recover from fraud, leaving them vulnerable to larger fiscal effects of schemes, such as loss of                        
05 a home or inability to pay creditors; and                                                                               
06            (6)  being a crime victim can have a devastating emotional impact on the                                     
07 elderly in the state.                                                                                                   
08    * Sec. 2.  AS 12.55 is amended by adding a new section to read:                                                    
09            Sec. 12.55.136.  Penalties for crimes against the elderly.  (a)  If a person                               
10       commits a crime specified in (b) of this section and the victim was 65 years of age or                            
11       older at the time of the crime, the crime and the penalty for conviction of that crime                            
12       are increased so that a crime that would otherwise be a                                                           
13                 (1)  class B misdemeanor is a class A misdemeanor;                                                      
14                 (2)  class A misdemeanor is a class C felony;                                                           
15                 (3)  class C felony is a class B felony;                                                                
16                 (4)  class B felony is a class A felony.                                                                
17            (b)  The provisions of (a) of this section apply to the following crimes:                                    
18                 (1)  a misdemeanor violation of AS 11.41;                                                               
19                 (2)  theft in violation of AS 11.46.100 - 11.46.210;                                                    
20                 (3)  fraudulent use of an access device in violation of AS 11.46.285;                                   
21                 (4)  obtaining an access device or identification document by fraudulent                                
22       means in violation of AS 11.46.290;                                                                               
23                 (5)  burglary in violation of AS 11.46.300 - AS 11.46.310;                                              
24                 (6)  criminal mischief in the third, fourth, or fifth degree in violation of                            
25       AS 11.46.482 - 11.46.486;                                                                                         
26                 (7)  forgery in violation of AS 11.46.500 - 11.46.510;                                                  
27                 (8)  obtaining a signature by deception in violation of AS 11.46.540;                                   
28                 (9)  criminal impersonation in violation of AS 11.46.565 - 11.46.570;                                   
29                 (10)  scheme to defraud in violation of AS 11.46.600;                                                   
30                 (11)  misapplication of property in violation of AS 11.46.620;                                          
31                 (12)  misrepresentation of use of a propelled vehicle in violation of                                   
01       AS 11.46.720;                                                                                                     
02                 (13)  criminal use of a computer in violation of AS 11.46.740.                                          
03    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
04 read:                                                                                                                   
05       APPLICABILITY.  The changes made in sec. 2 of this Act apply to offenses                                          
06 committed on or after the effective date of this Act.                                                                   
07    * Sec. 4.  This Act takes effect July 1, 2005.                                                                     
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