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AK SB151

Bill

Status

Enrolled

4/15/2012

Primary Sponsor

Chris Tuck

Click for details

Origin

Senate

27th Legislature

AI Summary

  • Amends AS 12.55.155(d) to add fetal alcohol spectrum disorder (FASD) as a mitigating factor in criminal sentencing in Alaska.

  • Allows courts to impose sentences below the presumptive range when a defendant is found to have been affected by FASD, provided the condition substantially impaired the defendant's judgment, behavior, capacity to recognize reality, or ability to cope with ordinary demands of life.

  • Excludes FASD mitigation for offenses defined under AS 11.41 (crimes against persons) or AS 11.46.400 (certain property crimes).

  • Defines "fetal alcohol spectrum disorder" as a condition of impaired brain function resulting from permanent birth defects caused by maternal consumption of alcohol during pregnancy.

  • Requires that FASD, though insufficient to constitute a complete defense, must have significantly affected the defendant's conduct to qualify as a mitigating factor.

Legislative Description

Fetal Alcohol Spec. Disorder As Mitigator

Crimes

Last Action

EFFECTIVE DATE(S) OF LAW 9/19/12

6/21/2012

Committee Referrals

Judiciary4/5/2012
Health & Social Services1/17/2012

Full Bill Text

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