13 Alaska Admin. Code § 89.150

Current through August 30, 2024
Section 13 AAC 89.150 - Definitions

In this chapter,

(1) "certificate" means a certificate described in 13 AAC 89.030;
(2) "controlled substance" has the meaning given in AS 11.71.900;
(3) "council" means the Alaska Police Standards Council;
(4) "crime of dishonesty" means a crime under AS 11.46, or a crime under a similar statute or ordinance of this state or another jurisdiction;
(5) "crime of domestic violence" has the meaning given in AS 18.66.990;
(6) "driving under the influence" means an offense under AS 28.35.030 or

another law or ordinance with substantially similar elements, or an offense of refusal to submit to a chemical test under AS 28.35.032 or another law or ordinance with substantially similar elements;

(7) "expungement" means that the central repository for criminal history records, in the jurisdiction in which a conviction was issued, has destroyed or sealed the record of conviction so that the record is not available for dissemination for any criminal justice activity;
(8) "felony" means a crime classified as a felony in this state at the time the crime was committed; a conviction in another jurisdiction by a civilian or military court is a felony conviction if the crime has elements similar to those of a felony under the law of this state at the time the offense was committed; a completed suspended imposition of sentence, expungement of record, or a pardon does not remove a felony conviction from a person's record;
(9) "force" has the meaning given in AS 11.81.900(b);
(10) "good moral character" means the absence of acts or conduct that would cause a reasonable person to have substantial doubts about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States; for purposes of this standard, a determination of lack of "good moral character" may be based upon a consideration of all aspects of a person's character;
(11) "jurisdiction" means a state, territory, or commonwealth of the United States;
(12) "marijuana" has the meaning given in AS 11.71.900;
(13) "misdemeanor" means a crime classified as a misdemeanor in this state at the time the crime was committed; a crime committed in another jurisdiction for which there was a conviction in that jurisdiction by a civilian or military court is a misdemeanor conviction if the crime has elements similar to those of a misdemeanor under the law of this state at the time the offense was committed; for purposes of determining whether, under this paragraph, a crime is to be considered a misdemeanor or whether a conviction is to be considered a misdemeanor conviction, an offense punishable as a misdemeanor in this state or under the law of another jurisdiction that results in a completed suspended imposition of sentence, expungement of record, or a pardon is a misdemeanor conviction unless the offense was committed by the person before 21 years of age;
(14) "serious physical injury" has the meaning given in AS 11.81.900(b);
(15) "village" means a community that
(A) is off the interconnected state road system;
(B) has a population of less than 2,000 persons based on the most recent federal census; and
(C) has been incorporated as provided in AS 29.05.

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13 AAC 89.150

Eff. 10/18/81, Register 80 ; am 6/17/2020,Register 234, July 2020

Authority:AS 18.65.220

AS 18.65.240