00 HOUSE BILL NO. 33 01 "An Act relating to defenses to sexual assault; and relating to registration of sex 02 offenders." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 11.41.432(a) is amended to read: 05 (a) It is a defense to a crime charged under [AS 11.41.410(a)(3), 06 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, OR 11.41.427 THAT THE OFFENDER 07 IS] 08 (1) AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425,  09 or 11.41.427 that the offender is mentally incapable; or 10 (2) AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.425(a)(2) - (6), or  11 11.41.427 that the offender is married to the person and neither party has filed with 12 the court for a separation, divorce, or dissolution of the marriage. 13  * Sec. 2. AS 12.63.010(d) is amended to read:  14 (d) A sex offender or child kidnapper required to register 01 (1) for 15 years under (a) of this section and AS 12.63.020 02 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under 03 AS 12.63.020, on a date set by the department at the time of the sex offender's or child 04 kidnapper's initial registration, provide written verification to the department, in the 05 manner required by the department, of the sex offender's or child kidnapper's address 06 and notice of any changes to the information previously provided under (b)(1) of this 07 section; 08 (2) for life under (a) of this section and AS 12.63.020 09 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department, 10 provide written verification to the department, in the manner required by the 11 department, of the sex offender's or child kidnapper's address and any changes to the 12 information previously provided under (b)(1) of this section. 13  * Sec. 3. AS 12.63.020 is amended to read: 14 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to  15 register. (a) The duty of a sex offender or child kidnapper to comply with the 16 requirements of AS 12.63.010 is as follows:  17 (1) for a sex offender or child kidnapper, as that term is defined in  18 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty  19 (A) [(1)] continues for the lifetime of a sex offender or child 20 kidnapper convicted of 21 (i) [(A)] one aggravated sex offense; or 22 (ii) [(B)] two or more sex offenses, two or more child 23 kidnappings, or one sex offense and one child kidnapping; for purposes 24 of this section, a person convicted of indecent exposure before a person 25 under 16 years of age under AS 11.41.460 more than two times has 26 been convicted of two or more sex offenses; 27 (B) [(2)] ends 15 years following the sex offender's or child 28 kidnapper's unconditional discharge from a conviction for a single sex offense 29 that is not an aggravated sex offense or for a single child kidnapping if the sex 30 offender or child kidnapper has supplied proof that is acceptable to the 31 department of the unconditional discharge; the registration period under this 01 subparagraph 02 (i) [PARAGRAPH (A)] is tolled for each year that a sex 03 offender or child kidnapper [(i)] fails to comply with the requirements 04 of this chapter or [; (ii)] is incarcerated for the offense or kidnapping 05 for which the offender or kidnapper is required to register or for any 06 other offense; 07 (ii) [(B)] may include the time a sex offender or child 08 kidnapper was absent from this state if the sex offender or child 09 kidnapper has complied with any sex offender or child kidnapper 10 registration requirements of the jurisdiction in which the offender or 11 kidnapper was located and if the sex offender or child kidnapper 12 provides the department with proof of the compliance while the sex 13 offender or child kidnapper was absent from this state; and 14 (iii) [(C)] continues for a sex offender or child 15 kidnapper who has not supplied proof acceptable to the department of 16 the offender's or kidnapper's unconditional discharge for the sex 17 offense or child kidnapping requiring registration;  18 (2) for a sex offender or child kidnapper, as that term is defined in  19 AS 12.63.100(6)(B), the duty continues for the period determined by the  20 department under (b) of this section. 21 (b) The department shall adopt, by regulation, 22 (1) procedures to notify a sex offender or child kidnapper 23 (A) who, on the registration form under AS 12.63.010, lists a 24 conviction for a sex offense or child kidnapping that is a violation of a former 25 law of this state or a law of another jurisdiction, of the duration of the 26 offender's or kidnapper's duty under (a) of this section for that sex offense or 27 child kidnapping;  28 (B) as that term is defined in AS 12.63.100(6)(B), of the  29 duration of the sex offender or child kidnapper's duty under (a) of this  30 section; in adopting regulations under this subparagraph, the department  31 shall  01 (i) consider the period of registration required in the  02 other jurisdiction; and  03 (ii) provide for tolling of the registration period if  04 the sex offender or child kidnapper fails to comply with the  05 requirements of this chapter or is incarcerated;  06 (2) a requirement that an [. AS A PART OF THE REGULATIONS, 07 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply 08 proof acceptable to the department of unconditional discharge and the date it occurred. 09  * Sec. 4. AS 12.63.100(6) is amended to read: 10 (6) "sex offender or child kidnapper" means 11 (A) a person convicted of a sex offense or child kidnapping in 12 this state or another jurisdiction regardless of whether the conviction occurred 13 before, after, or on January 1, 1999; 14 (B) a person required to register as a sex offender or child  15 kidnapper in another jurisdiction; 16  * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. AS 11.41.432(a), as amended by sec. 1 of this Act, 19 AS 12.63.010(d), as amended by sec. 2 of this Act, AS 12.63.020, as amended by sec. 3 of 20 this Act, and AS 12.63.100(6), as amended by sec. 4 of this Act, apply to offenses committed 21 on or after the effective date of this Act.