Section 11.56.730. Failure to appear.

   (a) A person commits the offense of failure to appear if the person
        (1) is released under the provisions of AS 12.30;
        (2) knows that the person is required to appear before a court or judicial officer at the time and place of a scheduled hearing; and
        (3) with criminal negligence does not appear before the court or judicial officer at the time and place of the scheduled hearing.
   (b) In a prosecution for failure to appear under (a) of this section, it is an affirmative defense that unforeseeable circumstances, outside the person's control, prevented the person from appearing before the court or judicial officer at the time and place of the scheduled hearing, and the person contacted the court orally and in writing immediately upon being able to make the contact.
   (c) A person who commits failure to appear incurs a forfeiture of any security for any appearance of the person that was given or pledged to the court for the person's release.
   (d) Failure to appear is a
        (1) class C felony if the person was released in connection with a charge of a felony or while awaiting sentence or appeal after conviction of a felony and the person
             (A) does not make contact with the court or a judicial officer within 30 days after the person does not appear at the time and place of a scheduled hearing; or
             (B) does not appear at the time and place of a scheduled hearing to avoid prosecution;
        (2) class A misdemeanor if the person was released in connection with a charge of a misdemeanor, while awaiting sentence or appeal after conviction of a misdemeanor, or in connection with a requirement to appear as a material witness in a criminal proceeding, and the person
             (A) does not make contact with the court or a judicial officer within 30 days after the person does not appear at the time and place of a scheduled hearing; or
             (B) does not appear at the time and place of a scheduled hearing to avoid prosecution; or
        (3) violation punishable by a fine of up to $1,000.

Authorities

12.25.180;12.80.060

Notes

Recent Bills that will modify this

SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 12.25.180 When peace officer may issue citation or take person before the court.
AS 12.80.060 Fingerprinting.

History

(Sec. 2 ch 19 SLA 2010; am Sec. 26, 27 ch 36 SLA 2016)