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Bill Text
BILL ID: SB 20
00 HOUSE CS FOR CS FOR SENATE BILL NO. 20(FIN)
01 "An Act relating to offenses against unborn children."
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
04 to read:
05 LEGISLATIVE INTENT. It is the intent of the legislature that nothing in this Act is
06 intended to limit or alter a woman's right to choose the outcome of her pregnancy, as
07 guaranteed by the United States Supreme Court.
08 * Sec. 2. AS 11.41 is amended by adding new sections to article 1 to read:
09 Sec. 11.41.150. Murder of an unborn child. (a) A person commits the crime
10 of murder of an unborn child if the person
11 (1) with intent to cause the death of an unborn child or of another
12 person, causes the death of an unborn child;
13 (2) with intent to cause serious physical injury to an unborn child or to
14 another person or knowing that the conduct is substantially certain to cause death or
15 serious physical injury to an unborn child or to another person, causes the death of an
01 unborn child;
02 (3) while acting alone or with one or more persons, commits or
03 attempts to commit arson in the first degree, kidnapping, sexual assault in the first
04 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,
05 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the
06 first or second degree, robbery in any degree, or misconduct involving a controlled
07 substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or
08 11.71.040(a)(1) or (2), and, in the course of or in furtherance of that crime or in
09 immediate flight from that crime, any person causes the death of an unborn child;
10 (4) knowingly engages in conduct that results in the death of an unborn
11 child under circumstances manifesting an extreme indifference to the value of human
12 life; for purposes of this paragraph, a pregnant woman's decision to remain in a
13 relationship in which domestic violence, as defined in AS 18.66.990, has occurred
14 does not constitute conduct manifesting an extreme indifference to the value of human
15 life.
16 (b) A person may not be convicted under (a)(3) of this section if the only
17 underlying crime is burglary, the sole purpose of the burglary is a criminal homicide,
18 and the unborn child killed is the intended victim of the defendant. However, if the
19 defendant causes the death of another unborn child, the defendant may be convicted
20 under (a)(3) of this section. Nothing in this subsection precludes a prosecution for or
21 conviction of murder in the first degree or murder in the second degree, murder of an
22 unborn child under AS 11.41.150(a)(1), (2), or (4), or any other crime.
23 (c) Murder of an unborn child is an unclassified felony.
24 Sec. 11.41.160. Manslaughter of an unborn child. (a) A person commits the
25 crime of manslaughter of an unborn child if, under circumstances not amounting to
26 murder of an unborn child, the person intentionally, knowingly, or recklessly causes
27 the death of an unborn child.
28 (b) Manslaughter of an unborn child is a class A felony.
29 Sec. 11.41.170. Criminally negligent homicide of an unborn child. (a) A
30 person commits the crime of criminally negligent homicide of an unborn child if, with
31 criminal negligence, the person causes the death of an unborn child.
01 (b) Criminally negligent homicide of an unborn child is a class B felony.
02 Sec. 11.41.180. Applicability of AS 11.41.150 - 11.41.170. AS 11.41.150 -
03 11.41.170 do not apply to acts that
04 (1) cause the death of an unborn child if those acts were committed
05 during a legal abortion to which the pregnant woman consented or a person authorized
06 by law to act on her behalf consented, or for which such consent is implied by law;
07 (2) are committed under usual and customary standards of medical
08 practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy; or
09 (3) are committed by a pregnant woman against herself and her own
10 unborn child.
11 * Sec. 3. AS 11.41 is amended by adding new sections to article 2 to read:
12 Sec. 11.41.280. Assault of an unborn child in the first degree. (a) A person
13 commits the crime of assault of an unborn child in the first degree if
14 (1) that person recklessly causes serious physical injury to an unborn
15 child by means of a dangerous instrument;
16 (2) with intent to cause serious physical injury to an unborn child or to
17 another person, that person causes serious physical injury to an unborn child;
18 (3) that person knowingly engages in conduct that results in serious
19 physical injury to an unborn child under circumstances manifesting extreme
20 indifference to the value of human life; for purposes of this paragraph, a pregnant
21 woman's decision to remain in a relationship in which domestic violence, as defined in
22 AS 18.66.990, has occurred does not constitute conduct manifesting an extreme
23 indifference to the value of human life; or
24 (4) that person recklessly causes serious physical injury to an unborn
25 child by repeated assaults using a dangerous instrument, even if each assault
26 individually does not cause serious physical injury.
27 (b) Assault of an unborn child in the first degree is a class A felony.
28 Sec. 11.41.282. Assault of an unborn child in the second degree. (a) A
29 person commits the crime of assault of an unborn child in the second degree if
30 (1) with intent to cause physical injury to an unborn child or to another
31 person, that person causes serious physical injury to an unborn child;
01 (2) that person recklessly causes serious physical injury to an unborn
02 child; or
03 (3) that person recklessly causes serious physical injury to an unborn
04 child by repeated assaults, even if each assault individually does not cause serious
05 physical injury.
06 (b) Assault of an unborn child in the second degree is a class B felony.
07 Sec. 11.41.289. Applicability of AS 11.41.280 and 11.41.282. AS 11.41.280
08 and 11.41.282 do not apply to acts that
09 (1) cause serious physical injury or physical injury to an unborn child
10 if those acts were committed during a legal abortion to which the pregnant woman
11 consented or a person authorized by law to act on her behalf consented, or for which
12 consent is implied by law;
13 (2) are committed under usual and customary standards of medical
14 practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy; or
15 (3) are committed by a pregnant woman against herself and her own
16 unborn child.
17 * Sec. 4. AS 11.81.250(a) is amended to read:
18 (a) For purposes of sentencing under AS 12.55, all offenses defined in this
19 title, except murder in the first and second degree, attempted murder in the first
20 degree, solicitation to commit murder in the first degree, conspiracy to commit murder
21 in the first degree, murder of an unborn child, sexual assault in the first degree,
22 sexual abuse of a minor in the first degree, misconduct involving a controlled
23 substance in the first degree, and kidnapping, are classified on the basis of their
24 seriousness, according to the type of injury characteristically caused or risked by
25 commission of the offense and the culpability of the offender. Except for murder in the
26 first and second degree, attempted murder in the first degree, solicitation to commit
27 murder in the first degree, conspiracy to commit murder in the first degree, murder of
28 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first
29 degree, misconduct involving a controlled substance in the first degree, and
30 kidnapping, the offenses in this title are classified into the following categories:
31 (1) class A felonies, which characteristically involve conduct resulting
01 in serious physical injury or a substantial risk of serious physical injury to a person;
02 (2) class B felonies, which characteristically involve conduct resulting
03 in less severe violence against a person than class A felonies, aggravated offenses
04 against property interests, or aggravated offenses against public administration or
05 order;
06 (3) class C felonies, which characteristically involve conduct serious
07 enough to deserve felony classification but not serious enough to be classified as A or
08 B felonies;
09 (4) class A misdemeanors, which characteristically involve less severe
10 violence against a person, less serious offenses against property interests, less serious
11 offenses against public administration or order, or less serious offenses against public
12 health and decency than felonies;
13 (5) class B misdemeanors, which characteristically involve a minor
14 risk of physical injury to a person, minor offenses against property interests, minor
15 offenses against public administration or order, or minor offenses against public health
16 and decency;
17 (6) violations, which characteristically involve conduct inappropriate
18 to an orderly society but which do not denote criminality in their commission.
19 * Sec. 5. AS 11.81.250(b) is amended to read:
20 (b) The classification of each felony defined in this title, except murder in the
21 first and second degree, attempted murder in the first degree, solicitation to commit
22 murder in the first degree, conspiracy to commit murder in the first degree, murder of
23 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first
24 degree, misconduct involving a controlled substance in the first degree, and
25 kidnapping, is designated in the section defining it. A felony under Alaska law defined
26 outside this title for which no penalty is specifically provided is a class C felony.
27 * Sec. 6. AS 11.81.900(b) is amended by adding a new paragraph to read:
28 (64) "unborn child" means a member of the species Homo sapiens, at
29 any stage of development, who is carried in the womb.
30 * Sec. 7. AS 12.55.035(b) is amended to read:
31 (b) Except as provided in AS 12.55.036, upon conviction of an offense, a
01 defendant who is not an organization may be sentenced to pay, unless otherwise
02 specified in the provision of law defining the offense, a fine of no more than
03 (1) $500,000 for murder in the first or second degree, attempted
04 murder in the first degree, murder of an unborn child, sexual assault in the first
05 degree, sexual abuse of a minor in the first degree, kidnapping, or misconduct
06 involving a controlled substance in the first degree;
07 (2) $250,000 for a class A felony;
08 (3) $100,000 for a class B felony;
09 (4) $50,000 for a class C felony;
10 (5) $10,000 for a class A misdemeanor;
11 (6) $2,000 for a class B misdemeanor;
12 (7) $500 for a violation.
13 * Sec. 8. AS 12.55.125(a) is amended to read:
14 (a) A defendant convicted of murder in the first degree or murder of an
15 unborn child under AS 11.41.150(a)(1) shall be sentenced to a definite term of
16 imprisonment of at least 20 years but not more than 99 years. A defendant convicted
17 of murder in the first degree shall be sentenced to a mandatory term of imprisonment
18 of 99 years when
19 (1) the defendant is convicted of the murder of a uniformed or
20 otherwise clearly identified peace officer, fire fighter, or correctional employee who
21 was engaged in the performance of official duties at the time of the murder;
22 (2) the defendant has been previously convicted of
23 (A) murder in the first degree under AS 11.41.100 or former
24 AS 11.15.010 or 11.15.020;
25 (B) murder in the second degree under AS 11.41.110 or former
26 AS 11.15.030; or
27 (C) homicide under the laws of another jurisdiction when the
28 offense of which the defendant was convicted contains elements similar to first
29 degree murder under AS 11.41.100 or second degree murder under
30 AS 11.41.110;
31 (3) the court finds by clear and convincing evidence that the defendant
01 subjected the murder victim to substantial physical torture; or
02 (4) the defendant is convicted of the murder of and personally caused
03 the death of a person, other than a participant, during a robbery.
04 * Sec. 9. AS 12.55.125(b) is amended to read:
05 (b) A defendant convicted of attempted murder in the first degree, solicitation
06 to commit murder in the first degree, conspiracy to commit murder in the first degree,
07 kidnapping, or misconduct involving a controlled substance in the first degree shall be
08 sentenced to a definite term of imprisonment of at least five years but not more than
09 99 years. A defendant convicted of murder in the second degree or murder of an
10 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of
11 imprisonment of at least 10 years but not more than 99 years. A defendant convicted
12 of murder in the second degree shall be sentenced to a definite term of imprisonment
13 of at least 20 years but not more than 99 years when the defendant is convicted of the
14 murder of a child under 16 years of age and the court finds by clear and convincing
15 evidence that the defendant (1) was a natural parent, a stepparent, an adopted parent, a
16 legal guardian, or a person occupying a position of authority in relation to the child; or
17 (2) caused the death of the child by committing a crime against a person under
18 AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of
19 authority" have the meanings given in AS 11.41.470.
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