00 SENATE BILL NO. 218 01 "An Act relating to conspiracy to commit human trafficking in the first degree or sex 02 trafficking in the first degree; relating to the crime of furnishing indecent material to 03 minors, the crime of online enticement of a minor, the crime of prostitution, and the 04 crime of sex trafficking; relating to forfeiture of property used in prostitution offenses; 05 relating to sex offender registration; relating to testimony by video conference; adding 06 Rule 38.3, Alaska Rules of Criminal Procedure; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. AS 04.06.110 is amended to read: 09 Sec. 04.06.110. Peace officer powers. The director and the persons employed 10 for the administration and enforcement of this title may, with the concurrence of the 11 commissioner of public safety, exercise the powers of peace officers when those 12 powers are specifically granted by the board. Powers granted by the board under this 13 section may be exercised only when necessary for the enforcement of the criminally 01 punishable provisions of this title, regulations of the board, and other criminally 02 punishable laws and regulations, including investigation of violations of laws against 03 prostitution and sex trafficking [PROMOTING PROSTITUTION] described in 04 AS 11.66.100 - 11.66.135 [AS 11.66.100 - 11.66.130] and laws against gambling, 05 promoting gambling, and related offenses described in AS 11.66.200 - 11.66.280. 06  * Sec. 2. AS 04.11.370(a) is amended to read: 07 (a) A license or permit shall be suspended or revoked if the board finds 08 (1) misrepresentation of a material fact on an application made under 09 this title or a regulation adopted under this title; 10 (2) continuation of the manufacture, sale, or service of alcoholic 11 beverages by the licensee or permittee would be contrary to the best interests of the 12 public; 13 (3) failure on the part of the licensee to correct a defect that constitutes 14 a violation of this title, a condition or restriction imposed by the board, a regulation 15 adopted under this title, or other laws after receipt of notice issued by the board or its 16 agent; 17 (4) conviction of a licensee of a violation of this title, a regulation 18 adopted under this title, or an ordinance adopted under AS 04.21.010; 19 (5) conviction of an agent or employee of a licensee of a violation of 20 this title, a regulation adopted under this title, or an ordinance adopted under 21 AS 04.21.010, if the licensee is found by the board to have either knowingly allowed 22 the violation or to have recklessly or with criminal negligence failed to act in 23 accordance with the duty prescribed under AS 04.21.030 with the result that the agent 24 or employee violates a law, regulation, or ordinance; 25 (6) failure of the licensee to comply with the public health, fire, or 26 safety laws and regulations in the state; 27 (7) use of the licensed premises as a resort for illegal possessors or 28 users of narcotics, prostitutes, or sex traffickers [PROMOTERS OF 29 PROSTITUTION]; in addition to any other legally competent evidence, the character 30 of the premises may be proved by the general reputation of the premises in the 31 community as a resort for illegal possessors or users of narcotics, prostitutes, or sex  01 traffickers [PROMOTERS OF PROSTITUTION]; 02 (8) occurrence of illegal gambling within the limits of the licensed 03 premises; 04 (9) the licensee permitted a public offense involving moral turpitude to 05 occur on the licensed premises; 06 (10) violation by a licensee of this title, a condition or restriction 07 imposed by the board, a regulation adopted under this title, or an ordinance adopted 08 under AS 04.21.010; or 09 (11) violation by an agent or employee of a licensee of a provision of 10 this title, a condition or restriction imposed by the board, a regulation adopted under 11 this title, or an ordinance adopted under AS 04.21.010, if the licensee is found by the 12 board to have either knowingly allowed the violation or to have recklessly or with 13 criminal negligence failed to act in accordance with the duty prescribed under 14 AS 04.21.030 with the result that the agent or employee violates the law, condition or 15 restriction, regulation, or ordinance. 16 * Sec. 3. AS 11.31.120(h)(2) is amended to read: 17 (2) "serious felony offense" means an offense 18 (A) against the person under AS 11.41, punishable as an 19 unclassified or class A felony; 20 (B) involving controlled substances under AS 11.71, 21 punishable as an unclassified, class A, or class B felony; 22 (C) that is criminal mischief in the first degree under 23 AS 11.46.475; [OR] 24 (D) that is terroristic threatening in the first degree under 25 AS 11.56.807;  26 (E) that is human trafficking in the first degree under  27 AS 11.41.360; or  28 (F) that is sex trafficking in the first degree under  29 AS 11.66.110. 30 * Sec. 4. AS 11.61.128(a) is amended to read: 31 (a) A person commits the crime of distribution of indecent material to minors 01 if 02 (1) the person, being 18 years of age or older, intentionally  03 [KNOWINGLY] distributes or possesses with intent to distribute any material  04 described in (2) and (3) of this subsection to either  05 (A) a child that the person knows is under 16 years of age;  06 or  07 (B) another person that the person believes is a child under  08 16 years of age;  09 (2) the material is [ANOTHER PERSON ANY] material that the  10 person knows depicts the following actual or simulated conduct: 11 (A) sexual penetration; 12 (B) the lewd touching of a person's genitals, anus, or female 13 breast; 14 (C) masturbation; 15 (D) bestiality; 16 (E) the lewd exhibition of a person's genitals, anus, or female 17 breast; or 18 (F) sexual masochism or sadism; and  19 (3) [(2)] the material is harmful to minors [; AND 20 (3) EITHER 21 (A) THE OTHER PERSON IS A CHILD UNDER 16 YEARS 22 OF AGE; OR 23 (B) THE PERSON BELIEVES THAT THE OTHER PERSON 24 IS A CHILD UNDER 16 YEARS OF AGE]. 25  * Sec. 5. AS 11.66.100(b) is amended to read: 26 (b) Except as provided in (c) of this section, prostitution 27 [PROSTITUTION] is a class B misdemeanor. 28  * Sec. 6. AS 11.66.100 is amended by adding a new subsection to read: 29 (c) Prostitution is a class C felony if 30 (1) the person described in (a)(1) of this section is under 18 years of 31 age; the age of the person is a circumstance that does not require proof of a culpable 01 mental state; and 02 (2) the person described in (a)(2) of this section is 18 years of age or 03 older and at least three years older than the person described in (a)(1) of this section. 04  * Sec. 7. AS 11.66.110(a) is amended to read: 05 (a) A person commits the crime of sex trafficking [PROMOTING 06 PROSTITUTION] in the first degree if the person 07 (1) induces or causes a person to engage in prostitution through the use 08 of force; 09 (2) as other than a patron of a prostitute, induces or causes a person 10 under 18 years of age to engage in prostitution; or 11 (3) induces or causes a person in that person's legal custody to engage 12 in prostitution. 13  * Sec. 8. AS 11.66.110(c) is amended to read: 14 (c) Except as provided in (d) of this section, sex trafficking [PROMOTING 15 PROSTITUTION] in the first degree is a class A felony. 16  * Sec. 9. AS 11.66.120 is amended to read: 17 Sec. 11.66.120. Sex trafficking [PROMOTING PROSTITUTION] in the  18 second degree. (a) A person commits the crime of sex trafficking [PROMOTING 19 PROSTITUTION] in the second degree if the person 20 (1) manages, supervises, controls, or owns, either alone or in 21 association with others, a prostitution enterprise other than a place of prostitution; 22 (2) procures or solicits a patron for a prostitute; or 23 (3) offers, sells, advertises, promotes or facilitates travel that includes 24 commercial sexual conduct as enticement for the travel; in this paragraph, 25 "commercial sexual conduct" means sexual conduct for which anything of value is 26 given or received by any person. 27 (b) Sex trafficking [PROMOTING PROSTITUTION] in the second degree is 28 a class B felony. 29  * Sec. 10. AS 11.66.130 is amended to read: 30 Sec. 11.66.130. Sex trafficking [PROMOTING PROSTITUTION] in the  31 third degree. (a) A person commits the crime of sex trafficking [PROMOTING 01 PROSTITUTION] in the third degree if, with intent to promote prostitution, the 02 person 03 (1) manages, supervises, controls, or owns, either alone or in 04 association with others, a place of prostitution; 05 (2) as other than a patron of a prostitute, induces or causes a person 18 06 years of age or older to engage in prostitution; 07 (3) as other than a prostitute receiving compensation for personally 08 rendered prostitution services, receives or agrees to receive money or other property 09 pursuant to an agreement or understanding that the money or other property is derived 10 from prostitution; or 11 (4) engages in conduct that institutes, aids, or facilitates a prostitution 12 enterprise. 13 (b) Sex trafficking [PROMOTING PROSTITUTION] in the third degree is a 14 class C felony. 15  * Sec. 11. AS 11.66.135 is amended to read: 16 Sec. 11.66.135. Sex trafficking [PROMOTING PROSTITUTION] in the  17 fourth degree. (a) A person commits the crime of sex trafficking [PROMOTING 18 PROSTITUTION] in the fourth degree if the person engages in conduct that institutes, 19 aids, or facilitates prostitution under circumstances not proscribed under 20 AS 11.66.130(a)(4). 21 (b) Sex trafficking [PROMOTING PROSTITUTION] in the fourth degree is 22 a class A misdemeanor. 23  * Sec. 12. AS 11.66.140 is amended to read: 24 Sec. 11.66.140. Corroboration of certain testimony not required. In a 25 prosecution under AS 11.66.110 - 11.66.135 [AS 11.66.110 - 11.66.130], it is not 26 necessary that the testimony of the person whose prostitution is alleged to have been 27 compelled or promoted be corroborated by the testimony of any other witness or by 28 documentary or other types of evidence. 29 * Sec. 13. AS 11.66.145 is amended to read: 30 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 31 received or derived from, a violation of AS 11.66.100 - 11.66.135 [AS 11.66.110 - 01 11.66.135] shall be forfeited. 02  * Sec. 14. AS 11.81.250(a) is amended to read: 03 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 04 title, except murder in the first and second degree, attempted murder in the first 05 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 06 in the first degree, murder of an unborn child, sexual assault in the first degree, sexual 07 abuse of a minor in the first degree, misconduct involving a controlled substance in the 08 first degree, sex trafficking [PROMOTING PROSTITUTION] in the first degree 09 under AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their 10 seriousness, according to the type of injury characteristically caused or risked by 11 commission of the offense and the culpability of the offender. Except for murder in the 12 first and second degree, attempted murder in the first degree, solicitation to commit 13 murder in the first degree, conspiracy to commit murder in the first degree, murder of 14 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 15 degree, misconduct involving a controlled substance in the first degree, sex  16 trafficking [PROMOTING PROSTITUTION] in the first degree under 17 AS 11.66.110(a)(2), and kidnapping, the offenses in this title are classified into the 18 following categories: 19 (1) class A felonies, which characteristically involve conduct resulting 20 in serious physical injury or a substantial risk of serious physical injury to a person; 21 (2) class B felonies, which characteristically involve conduct resulting 22 in less severe violence against a person than class A felonies, aggravated offenses 23 against property interests, or aggravated offenses against public administration or 24 order; 25 (3) class C felonies, which characteristically involve conduct serious 26 enough to deserve felony classification but not serious enough to be classified as A or 27 B felonies; 28 (4) class A misdemeanors, which characteristically involve less severe 29 violence against a person, less serious offenses against property interests, less serious 30 offenses against public administration or order, or less serious offenses against public 31 health and decency than felonies; 01 (5) class B misdemeanors, which characteristically involve a minor 02 risk of physical injury to a person, minor offenses against property interests, minor 03 offenses against public administration or order, or minor offenses against public health 04 and decency; 05 (6) violations, which characteristically involve conduct inappropriate 06 to an orderly society but which do not denote criminality in their commission. 07  * Sec. 15. AS 11.81.250(b) is amended to read: 08 (b) The classification of each felony defined in this title, except murder in the 09 first and second degree, attempted murder in the first degree, solicitation to commit 10 murder in the first degree, conspiracy to commit murder in the first degree, murder of 11 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 12 degree, misconduct involving a controlled substance in the first degree, sex  13 trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, is 14 designated in the section defining it. A felony under the [ALASKA] law of this state 15 defined outside this title for which no penalty is specifically provided is a class C 16 felony. 17  * Sec. 16. AS 12.47.100 is amended by adding a new subsection to read: 18 (h) In a hearing to determine competency under this section, the court may 19 allow the testimony of a witness, including the psychiatrist or psychologist who 20 examined the defendant, to testify concerning the competency of the defendant by 21 contemporaneous two-way video conference if the witness would be required to travel 22 more than 50 miles to the court or lives in a place from which people customarily 23 travel by air to the court. In this subsection, "contemporaneous two-way video 24 conference" 25 (1) means a conference among people at different places by means of 26 transmitted audio and video signals; 27 (2) includes all communication technologies that allow two or more 28 places to interact by two-way video and audio transmissions simultaneously. 29  * Sec. 17. AS 12.55.035(b) is amended to read: 30 (b) Upon conviction of an offense, a defendant who is not an organization may 31 be sentenced to pay, unless otherwise specified in the provision of law defining the 01 offense, a fine of no more than 02 (1) $500,000 for murder in the first or second degree, attempted 03 murder in the first degree, murder of an unborn child, sexual assault in the first degree, 04 sexual abuse of a minor in the first degree, kidnapping, sex trafficking  05 [PROMOTING PROSTITUTION] in the first degree under AS 11.66.110(a)(2), or 06 misconduct 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. 18. AS 12.55.125(i) is amended to read: 14 (i) A defendant convicted of 15 (1) sexual assault in the first degree, sexual abuse of a minor in the 16 first degree, or sex trafficking [PROMOTING PROSTITUTION] in the first degree 17 under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not 18 more than 99 years and shall be sentenced to a definite term within the following 19 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 20 (A) if the offense is a first felony conviction, the offense does 21 not involve circumstances described in (B) of this paragraph, and the victim 22 was 23 (i) less than 13 years of age, 25 to 35 years; 24 (ii) 13 years of age or older, 20 to 30 years; 25 (B) if the offense is a first felony conviction and the defendant 26 possessed a firearm, used a dangerous instrument, or caused serious physical 27 injury during the commission of the offense, 25 to 35 years; 28 (C) if the offense is a second felony conviction and does not 29 involve circumstances described in (D) of this paragraph, 30 to 40 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 years; 01 (E) if the offense is a third felony conviction and the defendant 02 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 03 to 60 years; 04 (F) if the offense is a third felony conviction, the defendant is 05 not subject to sentencing under (l) of this section, and the defendant has two 06 prior convictions for sexual felonies, 99 years; 07 (2) unlawful exploitation of a minor under AS 11.41.455(c)(2), online 08 enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to 09 commit sexual assault in the first degree, sexual abuse of a minor in the first degree, or 10 sex trafficking [PROMOTING PROSTITUTION] in the first degree under 11 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 12 than 99 years and shall be sentenced to a definite term within the following 13 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 14 (A) if the offense is a first felony conviction, the offense does 15 not involve circumstances described in (B) of this paragraph, and the victim 16 was 17 (i) under 13 years of age, 20 to 30 years; 18 (ii) 13 years of age or older, 15 to 30 years; 19 (B) if the offense is a first felony conviction and the defendant 20 possessed a firearm, used a dangerous instrument, or caused serious physical 21 injury during the commission of the offense, 25 to 35 years; 22 (C) if the offense is a second felony conviction and does not 23 involve circumstances described in (D) of this paragraph, 25 to 35 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 years; 26 (E) if the offense is a third felony conviction, the offense does 27 not involve circumstances described in (F) of this paragraph, and the defendant 28 is not subject to sentencing under (l) of this section, 35 to 50 years; 29 (F) if the offense is a third felony conviction, the defendant is 30 not subject to sentencing under (l) of this section, and the defendant has two 31 prior convictions for sexual felonies, 99 years; 01 (3) sexual assault in the second degree, sexual abuse of a minor in the 02 second degree, online enticement of a minor under AS 11.41.452(d), unlawful 03 exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography 04 under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not 05 more than 99 years and shall be sentenced to a definite term within the following 06 presumptive ranges, 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 years; 08 (B) if the offense is a second felony conviction and does not 09 involve circumstances described in (C) of this paragraph, 10 to 25 years; 10 (C) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 15 to 30 years; 12 (D) if the offense is a third felony conviction and does not 13 involve circumstances described in (E) of this paragraph, 20 to 35 years; 14 (E) if the offense is a third felony conviction and the defendant 15 has two prior convictions for sexual felonies, 99 years; 16 (4) sexual assault in the third degree, incest, indecent exposure in the 17 first degree, possession of child pornography, distribution of child pornography under 18 AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in 19 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation 20 of a minor, or distribution of child pornography, may be sentenced to a definite term 21 of imprisonment of not more than 99 years and shall be sentenced to a definite term 22 within the following presumptive ranges, subject to adjustment as provided in 23 AS 12.55.155 - 12.55.175: 24 (A) if the offense is a first felony conviction, two to 12 years; 25 (B) if the offense is a second felony conviction and does not 26 involve circumstances described in (C) of this paragraph, eight to 15 years; 27 (C) if the offense is a second felony conviction and the 28 defendant has a prior conviction for a sexual felony, 12 to 20 years; 29 (D) if the offense is a third felony conviction and does not 30 involve circumstances described in (E) of this paragraph, 15 to 25 years; 31 (E) if the offense is a third felony conviction and the defendant 01 has two prior convictions for sexual felonies, 99 years. 02  * Sec. 19. AS 12.55.185(10) is amended to read: 03 (10) "most serious felony" means 04 (A) arson in the first degree, sex trafficking [PROMOTING 05 PROSTITUTION] in the first degree under AS 11.66.110(a)(2), online  06 enticement of a minor, or any unclassified or class A felony prescribed under 07 AS 11.41; or 08 (B) an attempt, or conspiracy to commit, or criminal 09 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 10 AS 11.41; 11  * Sec. 20. AS 12.63.100(6) is amended to read: 12 (6) "sex offense" means 13 (A) a crime under AS 11.41.100(a)(3), or a similar law of 14 another jurisdiction, in which the person committed or attempted to commit a 15 sexual offense, or a similar offense under the laws of the other jurisdiction; in 16 this subparagraph, "sexual offense" has the meaning given in 17 AS 11.41.100(a)(3); 18 (B) a crime under AS 11.41.110(a)(3), or a similar law of 19 another jurisdiction, in which the person committed or attempted to commit 20 one of the following crimes, or a similar law of another jurisdiction: 21 (i) sexual assault in the first degree; 22 (ii) sexual assault in the second degree; 23 (iii) sexual abuse of a minor in the first degree; or 24 (iv) sexual abuse of a minor in the second degree; [OR] 25 (C) a crime, or an attempt, solicitation, or conspiracy to commit 26 a crime, under the following statutes or a similar law of another jurisdiction: 27 (i) AS 11.41.410 - 11.41.438; 28 (ii) AS 11.41.440(a)(2); 29 (iii) AS 11.41.450 - 11.41.458; 30 (iv) AS 11.41.460 if the indecent exposure is before a 31 person under 16 years of age and the offender has a previous conviction 01 for that offense; 02 (v) AS 11.61.125 - 11.61.128; 03 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 04 was induced or caused to engage in prostitution was 16 or 17 years of 05 age at the time of the offense; 06 (vii) former AS 11.15.120, former 11.15.134, or assault 07 with the intent to commit rape under former AS 11.15.160, former 08 AS 11.40.110, or former 11.40.200; [OR] 09 (viii) AS 11.61.118(a)(2) if the offender has a previous 10 conviction for that offense; or  11 (D) a crime in another jurisdiction that requires the person  12 to register as a sex offender or child kidnapper in that jurisdiction; 13  * Sec. 21. AS 15.80.010(9) is amended to read: 14 (9) "felony involving moral turpitude" includes those crimes that are 15 immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 16 sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 17 coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 18 forgery device, offering a false instrument for recording, scheme to defraud, falsifying 19 business records, commercial bribe receiving, commercial bribery, bribery, receiving a 20 bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 21 escape, promoting contraband, interference with official proceedings, receiving a bribe 22 by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 23 evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 24 explosives, unlawful furnishing of explosives, sex trafficking [PROMOTING 25 PROSTITUTION], criminal mischief, misconduct involving a controlled substance or 26 an imitation controlled substance, permitting an escape, promoting gambling, 27 possession of gambling records, distribution of child pornography, and possession of 28 child pornography; 29  * Sec. 22. AS 28.15.046(c) is amended to read: 30 (c) The department may not issue a license under this section to an applicant 31 who has been convicted of any of the following offenses within 20 years of the time of 01 application: 02 (1) sexual abuse of a minor in any degree under AS 11.41.434 - 03 11.41.440; 04 (2) sexual assault in any degree under AS 11.41.410 - 11.41.425; 05 (3) incest under AS 11.41.450; 06 (4) unlawful exploitation of a minor under AS 11.41.455; 07 (5) contributing to the delinquency of a minor under AS 11.51.130; 08 (6) a felony involving possession of a controlled or imitation 09 controlled substance under AS 11.71 or AS 11.73; 10 (7) a felony or misdemeanor involving distribution of a controlled or 11 imitation controlled substance under AS 11.71 or AS 11.73; 12 (8) sex trafficking [PROMOTING PROSTITUTION] in the first or 13 second degree under AS 11.66.110 or 11.66.120; 14 (9) indecent exposure in the first or second degree under AS 11.41.458 15 or 11.41.460. 16  * Sec. 23. AS 47.12.110(d) is amended to read: 17 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 18 the adjudication of a minor as a delinquent shall be open to the public, except as 19 prohibited or limited by order of the court, if 20 (1) the department files with the court a motion asking the court to 21 open the hearing to the public, and the petition seeking adjudication of the minor as a 22 delinquent is based on 23 (A) the minor's alleged commission of an offense, and the 24 minor has knowingly failed to comply with all the terms and conditions 25 required of the minor by the department or imposed on the minor in a court 26 order entered under AS 47.12.040(a)(2) or 47.12.120; 27 (B) the minor's alleged commission of 28 (i) a crime against a person that is punishable as a 29 felony; 30 (ii) a crime in which the minor employed a deadly 31 weapon, as that term is defined in AS 11.81.900(b), in committing the 01 crime; 02 (iii) arson under AS 11.46.400 - 11.46.410; 03 (iv) burglary under AS 11.46.300; 04 (v) distribution of child pornography under 05 AS 11.61.125; 06 (vi) sex trafficking [PROMOTING PROSTITUTION] 07 in the first degree under AS 11.66.110; or 08 (vii) misconduct involving a controlled substance under 09 AS 11.71 involving the delivery of a controlled substance or the 10 possession of a controlled substance with intent to deliver, other than 11 an offense under AS 11.71.040 or AS 11.71.050; or 12 (C) the minor's alleged commission of a felony and the minor 13 was 16 years of age or older at the time of commission of the offense when the 14 minor has previously been convicted or adjudicated a delinquent minor based 15 on the minor's commission of an offense that is a felony; or 16 (2) the minor agrees to a public hearing on the petition seeking 17 adjudication of the minor as a delinquent. 18  * Sec. 24. AS 47.12.315(a) is amended to read: 19 (a) Notwithstanding AS 47.12.310, when an agency takes action under 20 AS 47.12.040(a)(1) to adjust a matter, or when under AS 47.12.040(a)(2) the court 21 directs the agency to adjust the matter, the agency 22 (1) shall, for a minor who is at least 13 years of age at the time of 23 commission of the offense, disclose to the public the name of the minor, the name or 24 names of the parent, parents, or guardian of the minor, the action required by the 25 agency to be taken by the minor under AS 47.12.060 to adjust the matter, and 26 information about the offense exclusive of information that identifies the victim of the 27 offense, if the minor was, under AS 47.12.020, previously alleged to be a delinquent 28 minor on the basis of the minor's commission of at least one offense and, on the basis 29 of that allegation, a state agency has, under AS 47.12.040(a), been asked to make a 30 preliminary inquiry to determine if any action on that matter is appropriate, and, if the 31 minor is alleged to be a delinquent minor on the basis of the minor's commission of 01 another offense, exercise of agency jurisdiction is based on the minor's alleged 02 commission of that other offense, and that other offense is one of the following: 03 (A) a crime against a person that is punishable as a felony; 04 (B) a crime in which the minor employed a deadly weapon, as 05 that term is defined in AS 11.81.900(b), in committing the crime; 06 (C) arson under AS 11.46.400 - 11.46.410; 07 (D) burglary under AS 11.46.300; 08 (E) distribution of child pornography under AS 11.61.125; 09 (F) sex trafficking [PROMOTING PROSTITUTION] in the 10 first degree under AS 11.66.110; or 11 (G) misconduct involving a controlled substance under 12 AS 11.71 involving the delivery of a controlled substance or the possession of 13 a controlled substance with intent to deliver, other than an offense under 14 AS 11.71.040 or 11.71.050; and 15 (2) may, for a minor who is at least 13 years of age at the time of 16 commission of the offense, disclose to the public the name of the minor, the name or 17 names of the parent, parents, or guardian of the minor, the action required by the 18 agency to be taken by the minor under AS 47.12.060 to adjust the matter, and 19 information about the offense exclusive of information that identifies the victim of the 20 offense if the minor has knowingly failed to comply with all terms and conditions 21 required of the minor by the agency to adjust the matter under AS 47.12.060(b). 22  * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 DIRECT COURT RULE AMENDMENT. The Alaska Rules of Criminal 25 Procedure are amended by adding a new section to read: 26 Rule 38.3. Video Conference Testimony. 27 (a) In General. In every trial the testimony of witnesses shall be taken in open 28 court, unless otherwise provided by statute or rule. 29 (b) Testimony by Video Conference. The parties may agree to take 30 testimony from a witness by contemporaneous two-way video conference presented in 31 open court. Absent the parties' agreement, the court may authorize the 01 contemporaneous two-way video conference testimony of a witness if 02 (1) the requesting party establishes that testimony by two-way video 03 conference is necessary to further an important public policy; 04 (2) the requesting party establishes that the witness is unavailable; and 05 (3) the testimony is given under oath and subject to cross-examination. 06 (c) Procedures for Taking Video Conference Testimony. If the trial court 07 authorizes video conference testimony under (b) of this rule, it shall determine the 08 procedures for taking the contemporaneous two-way video conference testimony. The 09 parties, the court, the trier of fact, and the public must be able to see and hear the 10 witness; and the witness must see and hear the courtroom proceedings, including the 11 defendant, as if the witness were sitting in the courtroom's witness stand. The persons 12 who are present with the witness must be identified. The parties may move to exclude 13 any person other than the video conference technician from the witness's presence; the 14 court, in its discretion, may exclude a person other than the video conference 15 technician from the presence of the witness. 16 (d) Definitions.  17 (1) Contemporaneous Two-Way Video Conference. Contemporaneous 18 two-way video conference means a conference among people at different places by 19 means of transmitted audio and video signals. It includes all communication 20 technologies that allow two or more places to interact by two-way video and audio 21 transmissions simultaneously. 22 (2) Unavailable. In this rule, a witness is unavailable if 23 (A) by clear and convincing evidence the court finds under 24 Rule 804(a)(4) or (5), Alaska Rules of Evidence, or Rule 15(e)(4), Alaska 25 Rules of Criminal Procedure, that the witness is unavailable; 26 (B) by clear and convincing evidence the court finds that under 27 the circumstances the witness is unavailable; or 28 (C) the parties agree that the witness is unavailable. 29  * Sec 26. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. (a) Sections 1, 2, 7 - 11, 14, 17 - 19, 21 - 24, and 27 of this Act 01 apply to offenses committed before, on, or after the effective date of the Act. 02 (b) Sections 3 - 6, 12, 13, 16, 20, and 25 of this Act apply to offenses committed on or 03 after the effective date of this Act. 04  * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the 07 heading of AS 11.66.110 from "Promoting prostitution in the first degree" to "Sex trafficking 08 in the first degree". 09  * Sec. 28. This Act takes effect July 1, 2012.