25th Legislature(2007-2008)

Bill Text 25th Legislature


00              SENATE CS FOR CS FOR HOUSE BILL NO. 307(JUD) am S                                                          
01 "An Act relating to cruelty to animals and promoting an exhibition of fighting animals;                                 
02 and penalizing certain misdemeanor assaults as felonies."                                                               
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. It is the intent of the legislature that the courts and the Department of Law                             
07 should ensure that the enhanced penalty under AS 11.41.220(a)(5), added by sec. 2 of this                               
08 Act, is applied to the perpetrators of domestic violence and not to innocent victims of                                 
09 domestic violence.                                                                                                      
10    * Sec. 2. AS 11.41.220(a) is amended to read:                                                                      
11            (a)  A person commits the crime of assault in the third degree if that person                                
12                 (1)  recklessly                                                                                         
13                      (A)  places another person in fear of imminent serious physical                                    
14            injury by means of a dangerous instrument;                                                                   
01                      (B)  causes physical injury to another person by means of a                                        
02            dangerous instrument; or                                                                                     
03                      (C)  while being 18 years of age or older                                                          
04                           (i)  causes physical injury to a child under 10 years of                                      
05                 age and the injury would cause a reasonable caregiver to seek medical                                   
06                 attention from a health care professional in the form of diagnosis or                                   
07                 treatment;                                                                                              
08                           (ii)  causes physical injury to a child under 10 years of                                     
09                 age on more than one occasion;                                                                          
10                 (2)  with intent to place another person in fear of death or serious                                    
11       physical injury to the person or the person's family member makes repeated threats to                             
12       cause death or serious physical injury to another person;                                                         
13                 (3)  while being 18 years of age or older, knowingly causes physical                                    
14       injury to a child under 16 years of age but at least 10 years of age and the injury                               
15       reasonably requires medical treatment; [OR]                                                                       
16                 (4)  with criminal negligence causes serious physical injury under                                      
17       AS 11.81.900(b)(56)(B) to another person by means of a dangerous instrument; or                               
18                 (5)  commits a crime that is a violation of AS 11.41.230(a)(1) or (2)                               
19       and, within the preceding 10 years, the person was convicted on two or more                                   
20       separate occasions of crimes under                                                                            
21                      (A)  AS 11.41.100 - 11.41.170;                                                                 
22                      (B)  AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2),                                         
23            11.41.280, or 11.41.282;                                                                                 
24                      (C)  AS 11.41.260 or 11.41.270;                                                                
25                      (D)  AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or                                           
26                      (E)  a law or ordinance of this or another jurisdiction with                                   
27            elements similar to those of an offense described in (A) - (D) of this                                   
28            paragraph.                                                                                               
29    * Sec. 3. AS 11.41.220 is amended by adding a new subsection to read:                                              
30            (e)  In (a)(5) of this section, when considering whether a conviction has                                    
31       occurred in the preceding 10 years, the date that sentence is imposed is the date that a                          
01       previous conviction has occurred.                                                                                 
02    * Sec. 4. AS 11.61.140(a) is amended to read:                                                                      
03            (a)  A person commits cruelty to animals if the person                                                       
04                 (1)  knowingly inflicts severe and prolonged physical pain or suffering                                 
05       on an animal;                                                                                                     
06                 (2)  with criminal negligence, fails to care for an animal and, as a result,                            
07       causes the death of the animal or causes severe physical pain or prolonged suffering to                           
08       the animal;                                                                                                       
09                 (3)  kills or injures an animal by the use of a decompression chamber;                                  
10       [OR]                                                                                                              
11                 (4)  intentionally kills or injures a pet or livestock by the use of poison;                        
12       or                                                                                                            
13                 (5)  knowingly kills or injures an animal, other than as provided in                                
14       (1) or (3) of this subsection, with the intent to intimidate, threaten, or terrorize                          
15       another person.                                                                                               
16    * Sec. 5. AS 11.61.140(b) is amended to read:                                                                      
17            (b)  Each animal that is subject to cruelty to animals under (a) [(a)(1) - (4)] of                       
18       this section shall constitute a separate offense.                                                               
19    * Sec. 6. AS 11.61.140(f) is amended to read:                                                                      
20            (f)  Except as provided in (g) of this section, cruelty [CRUELTY] to animals                             
21       is a class A misdemeanor. The court may also                                                                      
22                 (1)  require forfeiture of any animal affected to the state or to a                                     
23       custodian that supplies shelter, care, or medical treatment for the animal;                                       
24                 (2)  require the defendant to reimburse the state or a custodian for all                                
25       reasonable costs incurred in providing necessary shelter, care, veterinary attention, or                          
26       medical treatment for any animal affected;                                                                        
27                 (3)  prohibit or limit the defendant's ownership, possession, or custody                                
28       of animals for up to 10 years.                                                                                    
29    * Sec. 7. AS 11.61.140 is amended by adding a new subsection to read:                                              
30            (g)  Cruelty to animals is a class C felony if the person has been previously                                
31       convicted on two or more separate occasions within 10 years of the date of the present                            
01       offense of a crime under this section, AS 11.61.145(a)(1) or (2), or a law or ordinance                           
02       of another jurisdiction having elements similar to those offenses. The court may also                             
03                 (1)  require forfeiture of any animal affected to the state or to a                                     
04       custodian that supplies shelter, care, or medical treatment for the animal;                                       
05                 (2)  require the defendant to reimburse the state or a custodian for all                                
06       reasonable costs incurred in providing necessary shelter, care, veterinary attention, or                          
07       medical treatment for any animal affected;                                                                        
08                 (3)  prohibit or limit the defendant's ownership, possession, or custody                                
09       of animals for up to ten years.                                                                                   
10    * Sec. 8. AS 11.61.145(d) is amended to read:                                                                      
11            (d)  Promoting an exhibition of fighting animals                                                             
12                 (1)  under (a)(1) or (2) of this section is a class C felony;                                           
13                 (2)  under (a)(3) of this section is a violation for the first offense,                             
14       [AND] a class B misdemeanor for the second offense, and a class A misdemeanor                                 
15       for the third and each subsequent offense.                                                                    
16    * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to                          
17 read:                                                                                                                   
18       APPLICABILITY. AS 11.41.220(a)(5), added by sec. 2 of this Act, applies to                                        
19 offenses committed on or after the effective date of this Act. References to previous                                   
20 convictions apply to convictions for offenses committed on or after the effective date of this                          
21 Act.                                                                                                                    
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