00 CS FOR SENATE BILL NO. 218(FIN) 01 "An Act relating to sex offenders and child kidnappers; relating to reporting of sex 02 offenders and child kidnappers; relating to periodic polygraph examinations for sex 03 offenders released on probation or parole; relating to sexual abuse of a minor; relating 04 to the definitions of 'aggravated sex offense' and 'child kidnapping'; relating to penalties 05 for failure to report child abuse or neglect; relating to sentencing for sex offenders and 06 habitual criminals; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. AS 11.41.436(a) is amended to read: 09 (a) An offender commits the crime of sexual abuse of a minor in the second 10 degree if, 11 (1) being 16 years of age or older, the offender engages in sexual 12 penetration with a person who is 13, 14, or 15 years of age and at least three years 13 younger than the offender, or aids, induces, causes, or encourages a person who is 13, 01 14, or 15 years of age and at least three years younger than the offender to engage in 02 sexual penetration with another person; 03 (2) being 16 years of age or older, the offender engages in sexual 04 contact with a person who is under 13 years of age or aids, induces, causes, or 05 encourages a person under 13 years of age to engage in sexual contact with another 06 person; 07 (3) being 18 years of age or older, the offender engages in sexual 08 contact with a person who is under 18 years of age, and the offender is the victim's 09 natural parent, stepparent, adopted parent, or legal guardian; 10 (4) being 16 years of age or older, the offender aids, induces, causes, 11 or encourages a person who is under 16 years of age to engage in conduct described in 12 AS 11.41.455(a)(2) - (6); [OR] 13 (5) being 18 years of age or older, the offender engages in sexual 14 contact with a person who is under 16 years of age, and 15 (A) the victim at the time of the offense is residing in the same 16 household as the offender and the offender has authority over the victim; or 17 (B) the offender occupies a position of authority in relation to 18 the victim;  19 (6) being 18 years of age or older, the offender engages in sexual  20 penetration with a person who is 16 or 17 years of age and at least three years  21 younger than the offender, and the offender occupies a position of authority in  22 relation to the victim; or  23 (7) being under 16 years of age, the offender engages in sexual  24 penetration with a person who is under 13 years of age and at least three years  25 younger than the offender. 26  * Sec. 2. AS 11.56 is amended by adding a new section to read: 27 Sec. 11.56.767. Failure to report sex offender or child kidnapper. (a) A 28 person commits the crime of failure to report a sex offender or child kidnapper if the 29 person 30 (1) recklessly disregards the fact that a sex offender or child kidnapper 31 has not complied with the requirements of AS 11.56.840; and 01 (2) knowingly fails to report the location of that sex offender or child 02 kidnapper to the Department of Public Safety. 03 (b) In a prosecution under (a) of this section, it is a defense that the defendant 04 was a licensed attorney and there existed, at the time of the offense, a bona fide 05 attorney-client relationship between the attorney and the sex offender or child 06 kidnapper. 07 (c) Failure to report a sex offender or child kidnapper is a class A 08 misdemeanor. 09  * Sec. 3. AS 12.55.100 is amended by adding a new subsection to read: 10 (e) While on probation and as a condition of probation for a sex offense, the 11 defendant shall be required to submit to regular periodic polygraph examinations. In 12 this subsection, "sex offense" has the meaning given in AS 12.63.100. 13  * Sec. 4. AS 12.55.125(i) is amended to read: 14 (i) A defendant convicted of 15 (1) sexual assault in the first degree or sexual abuse of a minor in the 16 first degree may be sentenced to a definite term of imprisonment of not more than 99 17 years and shall be sentenced to a definite term within the following presumptive 18 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (A) if the offense is a first felony conviction, [AND] does not 20 involve circumstances described in (B) of this paragraph, and the victim was  21 (i) less than 13 years of age, 25 to 30 years;  22 (ii) 13 years of age or older, 20 to 30 [EIGHT TO 12] 23 years; 24 (B) if the offense is a first felony conviction and the defendant 25 possessed a firearm, used a dangerous instrument, or caused serious physical 26 injury during the commission of the offense, 25 to 35 [12 TO 16] years; 27 (C) if the offense is a second felony conviction and does not 28 involve circumstances described in (D) of this paragraph, 30 to 40 [15 TO 20] 29 years; 30 (D) if the offense is a second felony conviction and the 31 defendant has a prior conviction for a sexual felony, 35 to 45 [20 TO 30] 01 years; 02 (E) if the offense is a third felony conviction and the defendant 03 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40  04 to 60 [25 TO 35] years; 05 (F) if the offense is a third felony conviction, the defendant is 06 not subject to sentencing under (l) of this section, and the defendant has two 07 prior convictions for sexual felonies, 99 [30 TO 40] years; 08 (2) attempt, conspiracy, or solicitation to commit sexual assault in the 09 first degree or sexual abuse of a minor in the first degree may be sentenced to a 10 definite term of imprisonment of not more than 99 [30] years and shall be sentenced to 11 a definite term within the following presumptive ranges, subject to adjustment as 12 provided in AS 12.55.155 - 12.55.175: 13 (A) if the offense is a first felony conviction, [AND] does not 14 involve circumstances described in (B) of this paragraph, and the victim was  15 (i) under 13 years of age, 20 to 25 years;  16 (ii) 13 years of age or older, 15 to 25 [FIVE TO 17 EIGHT] years; 18 (B) if the offense is a first felony conviction, and the defendant 19 possessed a firearm, used a dangerous instrument, or caused serious physical 20 injury during the commission of the offense, 25 to 35 [10 TO 14] years; 21 (C) if the offense is a second felony conviction and does not 22 involve circumstances described in (D) of this paragraph, 25 to 35 [12 TO 16] 23 years; 24 (D) if the offense is a second felony conviction and the 25 defendant has a prior conviction for a sexual felony, 30 to 40 [15 TO 20] 26 years; 27 (E) if the offense is a third felony conviction, does not involve 28 circumstances described in (F) of this paragraph, and the defendant is not 29 subject to sentencing under (l) of this section, 35 to 50 [15 TO 25] years; 30 (F) if the offense is a third felony conviction, the defendant is 31 not subject to sentencing under (l) of this section, and the defendant has two 01 prior convictions for sexual felonies, 99 [20 TO 30] years; 02 (3) sexual assault in the second degree, sexual abuse of a minor in the 03 second degree, unlawful exploitation of a minor, or distribution of child pornography 04 may be sentenced to a definite term of imprisonment of not more than 99 [20] years 05 and shall be sentenced to a definite term within the following presumptive ranges, 06 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 07 (A) if the offense is a first felony conviction, five to 15 [TWO 08 TO FOUR] years; 09 (B) if the offense is a second felony conviction and does not 10 involve circumstances described in (C) of this paragraph, 10 to 25 [FIVE TO 11 EIGHT] years; 12 (C) if the offense is a second felony conviction and the 13 defendant has a prior conviction for a sexual felony, 15 to 30 [10 TO 14] 14 years; 15 (D) if the offense is a third felony conviction and does not 16 involve circumstances described in (E) of this paragraph, 20 to 35 [10 TO 14] 17 years; 18 (E) if the offense is a third felony conviction and the defendant 19 has two prior convictions for sexual felonies, 99 [15 TO 20] years; 20 (4) sexual assault in the third degree, incest, indecent exposure in the 21 first degree, possession of child pornography, or attempt, conspiracy, or solicitation to 22 commit sexual assault in the second degree, sexual abuse of a minor in the second 23 degree, unlawful exploitation of a minor, or distribution of child pornography, may be 24 sentenced to a definite term of imprisonment of not more than 99 [10] years and shall 25 be sentenced to a definite term within the following presumptive ranges, subject to 26 adjustment as provided in AS 12.55.155 - 12.55.175: 27 (A) if the offense is a first felony conviction, one to 12 [ONE 28 TO TWO] years; 29 (B) if the offense is a second felony conviction and does not 30 involve circumstances described in (C) of this paragraph, eight to 15 [TWO 31 TO FIVE] years; 01 (C) if the offense is a second felony conviction and the 02 defendant has a prior conviction for a sexual felony, 12 to 20 [THREE TO 03 SIX] years; 04 (D) if the offense is a third felony conviction and does not 05 involve circumstances described in (E) of this paragraph, 15 to 25 [THREE TO 06 SIX] years; 07 (E) if the offense is a third felony conviction and the defendant 08 has two prior convictions for sexual felonies, 99 [SIX TO 10] years. 09  * Sec. 5. AS 12.55.125(j) is amended to read: 10 (j) A defendant sentenced to a (1) mandatory term of imprisonment of 99 11 years under (a) of this section may apply once for a modification or reduction of 12 sentence under the Alaska Rules of Criminal Procedure after serving one-half of the 13 mandatory term without consideration of good time earned under AS 33.20.010, or (2) 14 definite term of imprisonment under (l) of this section may apply once for a 15 modification or reduction of sentence under the Alaska Rules of Criminal Procedure 16 after serving [THE GREATER OF (A)] one-half of the definite term [OR (B) 30 17 YEARS]. A defendant may not file and a court may not entertain more than one 18 motion for modification or reduction of a sentence subject to this subsection, 19 regardless of whether or not the court granted or denied a previous motion. 20  * Sec. 6. AS 12.55.125(l) is amended to read: 21 (l) Notwithstanding any other provision of law, a defendant convicted of an 22 unclassified or class A felony offense, and not subject to a mandatory 99-year 23 sentence under (a) of this section, shall be sentenced to a definite term of 24 imprisonment of [AT LEAST 40 YEARS BUT NOT MORE THAN] 99 years when 25 the defendant has been previously convicted of two or more most serious felonies 26 [AND THE PROSECUTING ATTORNEY HAS FILED A NOTICE OF INTENT TO 27 SEEK A DEFINITE SENTENCE UNDER THIS SUBSECTION AT THE TIME 28 THE DEFENDANT WAS ARRAIGNED IN SUPERIOR COURT]. If a defendant is 29 sentenced to a definite term under this subsection, 30 (1) imprisonment for the prescribed definite term may not be 31 suspended under AS 12.55.080; 01 (2) imposition of sentence may not be suspended under AS 12.55.085; 02 (3) imprisonment for the prescribed definite term may not be reduced, 03 except as provided in (j) of this section. 04  * Sec. 7. AS 12.55.125 is amended by adding a new subsection to read: 05 (o) In addition to the sentence imposed under (i) of this section on a defendant 06 convicted of a sexual offense, the court shall impose a period of probation of (1) 15 07 years if the defendant was convicted of an unclassified felony, (2) 10 years if the 08 defendant was convicted of a class A or class B felony, or (3) five years if the 09 defendant was convicted of a class C felony. The period of probation is in addition to 10 any sentence received under (i) of this section and may not be suspended or reduced. 11 Upon a defendant's release from confinement in a correctional facility, the defendant 12 is subject to this probation requirement and shall submit and comply with the terms 13 and requirements of the probation. 14  * Sec. 8. AS 12.63.100(1) is amended to read: 15 (1) "aggravated sex offense" means 16 (A) a crime under AS 11.41.100(a)(3), or a similar law of 17 another jurisdiction, in which the person committed or attempted to commit a 18 sexual offense, or a similar offense under the laws of the other jurisdiction; in 19 this subparagraph, "sexual offense" has the meaning given in 20 AS 11.41.100(a)(3); 21 (B) a crime under AS 11.41.110(a)(3), or a similar law of 22 another jurisdiction, in which the person committed or attempted to commit 23 one of the following crimes, or a similar law of another jurisdiction: 24 (i) sexual assault in the first degree; 25 (ii) sexual assault in the second degree; 26 (iii) sexual abuse of a minor in the first degree; or 27 (iv) sexual abuse of a minor in the second degree; or 28 (C) a crime, or an attempt, solicitation, or conspiracy to commit 29 a crime, under AS 11.41.410, 11.41.434, or a similar law of another 30 jurisdiction or a similar provision under a former law of this state; 31  * Sec. 9. AS 12.63.100(2) is amended to read: 01 (2) "child kidnapping" means 02 (A) a crime under AS 11.41.100(a)(3), or a similar law of 03 another jurisdiction, in which the person committed or attempted to commit 04 kidnapping; 05 (B) a crime under AS 11.41.110(a)(3), or a similar law of 06 another jurisdiction, in which the person committed or attempted to commit 07 kidnapping if the victim was under 18 years of age at the time of the offense; 08 or 09 (C) a crime, or an attempt, solicitation, or conspiracy to commit 10 a crime, under AS 11.41.300, or a similar law of another jurisdiction or a  11 similar provision under a former law of this state, if the victim was under 12 18 years of age at the time of the offense; 13  * Sec. 10. AS 33.16.150(a) is amended to read: 14 (a) As a condition of parole, a prisoner released on special medical, 15 discretionary, or mandatory parole 16 (1) shall obey all state, federal, or local laws or ordinances, and any 17 court orders applicable to the parolee; 18 (2) shall make diligent efforts to maintain steady employment or meet 19 family obligations; 20 (3) shall, if involved in education, counseling, training, or treatment, 21 continue in the program unless granted permission from the parole officer assigned to 22 the parolee to discontinue the program; 23 (4) shall report 24 (A) upon release to the parole officer assigned to the parolee; 25 (B) at other times, and in the manner, prescribed by the board 26 or the parole officer assigned to the parolee; 27 (5) shall reside at a stated place and not change that residence without 28 notifying, and receiving permission from, the parole officer assigned to the parolee; 29 (6) shall remain within stated geographic limits unless written 30 permission to depart from the stated limits is granted the parolee; 31 (7) may not use, possess, handle, purchase, give, distribute, or 01 administer a controlled substance as defined in AS 11.71.900 or under federal law or a 02 drug for which a prescription is required under state or federal law without a 03 prescription from a licensed medical professional to the parolee; 04 (8) may not possess or control a firearm; in this paragraph, "firearm" 05 has the meaning given in AS 11.81.900; 06 (9) may not enter into an agreement or other arrangement with a law 07 enforcement agency or officer that will place the parolee in the position of violating a 08 law or parole condition without the prior approval of the board; 09 (10) may not contact or correspond with anyone confined in a 10 correctional facility of any type serving any term of imprisonment or a felon without 11 the permission of the parole officer assigned to a parolee; 12 (11) shall agree to waive extradition from any state or territory of the 13 United States and to not contest efforts to return the parolee to the state; 14 (12) shall provide a blood sample, an oral sample, or both, when 15 requested by a health care professional acting on behalf of the state to provide the 16 sample or samples, or an oral sample when requested by a juvenile or adult 17 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 18 released after a conviction of an offense requiring the state to collect the sample or 19 samples for the deoxyribonucleic acid identification system under AS 44.41.035;  20 (13) from a conviction for a sex offense shall submit to regular  21 periodic polygraph examinations; in this paragraph, "sex offense" has the  22 meaning given in AS 12.63.100. 23  * Sec. 11. AS 47.17.068 is amended to read: 24 Sec. 47.17.068. Penalty for failure to report. A person who fails to comply 25 with the provisions of AS 47.17.020 or 47.17.023 and who knew or should have 26 known that the circumstances gave rise to the need for a report, is guilty of a class A 27 [CLASS B] misdemeanor. 28  * Sec. 12. AS 11.41.438(a)(2) and 11.41.438(a)(3) are repealed. 29  * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 DIRECTION TO DEPARTMENT OF PUBLIC SAFETY CONCERNING 01 CENTRAL REGISTRY OF SEX OFFENDERS AND CHILD KIDNAPPERS. The 02 Department of Public Safety shall provide on the Internet website that the department 03 maintains for the central registry of sex offenders and child kidnappers information as to how 04 members of the public using the website may access or compile the information relating to 05 sex offenders or child kidnappers for a particular geographic area on a map. The information 06 may direct members to mapping programs available on the Internet and to Internet websites 07 where information contained in the registry has already been converted to a map or 08 geographic format. 09  * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. Sections 1, 2, 4 - 7, 11, and 12 of this Act apply to offenses 12 committed on or after the effective date of this section. References to prior offenses or 13 convictions in secs. 4 and 6 of this Act include offenses committed before, on, or after the 14 effective date of this section. Sections 3 and 10 of this Act apply to persons on probation or 15 parole for offenses committed before, on, or after the effective date of this Act. 16  * Sec. 15. Sections 3 and 10 of this Act take effect July 1, 2007. 17  * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect immediately under 18 AS 01.10.070(c).