00 CS FOR HOUSE BILL NO. 49(JUD) 01 "An Act relating to criminal law and procedure; establishing the crime of possession of 02 motor vehicle theft tools; relating to electronic monitoring; relating to controlled 03 substances; relating to probation; relating to sentencing; relating to registration of sex 04 offenders; relating to operating under the influence; relating to refusal to submit to a 05 chemical test; relating to the duties of the commissioner of corrections; relating to the 06 Alaska Criminal Justice Commission; relating to the duties of the attorney general and 07 the Department of Law; relating to testing of sexual assault examination kits; relating to 08 public disclosure of information relating to certain minors; amending Rule 6(r)(6), 09 Alaska Rules of Criminal Procedure; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11  * Section 1. AS 11.41.110(a) is amended to read: 12 (a) A person commits the crime of murder in the second degree if 01 (1) with intent to cause serious physical injury to another person or 02 knowing that the conduct is substantially certain to cause death or serious physical 03 injury to another person, the person causes the death of any person; 04 (2) the person knowingly engages in conduct that results in the death 05 of another person under circumstances manifesting an extreme indifference to the 06 value of human life; 07 (3) under circumstances not amounting to murder in the first degree 08 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 09 person commits or attempts to commit arson in the first degree, kidnapping, sexual 10 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 11 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 12 degree, escape in the first or second degree, robbery in any degree, or misconduct 13 involving a controlled substance under AS 11.71.010(a), 11.71.025, 11.71.030(a)(1), 14 (2), or (4) - (8), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that 15 crime or in immediate flight from that crime, any person causes the death of a person 16 other than one of the participants; 17 (4) acting with a criminal street gang, the person commits or attempts 18 to commit a crime that is a felony and, in the course of or in furtherance of that crime 19 or in immediate flight from that crime, any person causes the death of a person other 20 than one of the participants; or 21 (5) the person with criminal negligence causes the death of a child 22 under the age of 16, and the person has been previously convicted of a crime involving 23 a child under the age of 16 that was 24 (A) a felony violation of AS 11.41; 25 (B) in violation of a law or ordinance in another jurisdiction 26 with elements similar to a felony under AS 11.41; or 27 (C) an attempt, a solicitation, or a conspiracy to commit a 28 crime listed in (A) or (B) of this paragraph. 29  * Sec. 2. AS 11.41.150(a) is amended to read: 30 (a) A person commits the crime of murder of an unborn child if the person 31 (1) with intent to cause the death of an unborn child or of another 01 person, causes the death of an unborn child; 02 (2) with intent to cause serious physical injury to an unborn child or to 03 another person or knowing that the conduct is substantially certain to cause death or 04 serious physical injury to an unborn child or to another person, causes the death of an 05 unborn child; 06 (3) while acting alone or with one or more persons, commits or 07 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 08 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 09 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 10 first or second degree, robbery in any degree, or misconduct involving a controlled 11 substance under AS 11.71.010(a), 11.71.025, 11.71.030(a)(1), (2), or (4) - (8), or 12 11.71.040(a)(1) or (2), and, in the course of or in furtherance of that crime or in 13 immediate flight from that crime, any person causes the death of an unborn child; 14 (4) knowingly engages in conduct that results in the death of an unborn 15 child under circumstances manifesting an extreme indifference to the value of human 16 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 17 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 18 does not constitute conduct manifesting an extreme indifference to the value of human 19 life. 20  * Sec. 3. AS 11.41.432(a) is amended to read: 21 (a) It is a defense to a crime charged under [AS 11.41.410(a)(3), 22 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, OR 11.41.427 THAT THE OFFENDER 23 IS] 24 (1) AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425,  25 or 11.41.427 that the offender is mentally incapable; or 26 (2) AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3)(A),  27 11.41.425(a)(1)(A), 11.41.425(a)(2) - (6), or 11.41.427 that the offender is married 28 to the person and neither party has filed with the court for a separation, divorce, or 29 dissolution of the marriage. 30  * Sec. 4. AS 11.41.452(a) is amended to read: 31 (a) A person commits the crime of [ONLINE] enticement of a minor if the 01 person, being 18 years of age or older, knowingly communicates [USES A 02 COMPUTER TO COMMUNICATE] with another person to entice, solicit, or 03 encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and 04 (1) the other person is a child under 16 years of age; or 05 (2) the person believes that the other person is a child under 16 years 06 of age. 07  * Sec. 5. AS 11.41.452(d) is amended to read: 08 (d) Except as provided in (e) of this section, [ONLINE] enticement of a minor 09 is a class B felony. 10  * Sec. 6. AS 11.41.452(e) is amended to read: 11 (e) Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if 12 the defendant was, at the time of the offense, required to register as a sex offender or 13 child kidnapper under AS 12.63 or a similar law of another jurisdiction. 14  * Sec. 7. AS 11.46.130(a) is amended to read: 15 (a) A person commits the crime of theft in the second degree if the person 16 commits theft as defined in AS 11.46.100 and 17 (1) the value of the property or services [, ADJUSTED FOR 18 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 19 $25,000; 20 (2) the property is a firearm or explosive; 21 (3) the property is taken from the person of another; 22 (4) the property is taken from a vessel and is vessel safety or survival 23 equipment; 24 (5) the property is taken from an aircraft and the property is aircraft 25 safety or survival equipment; 26 (6) the value of the property [, ADJUSTED FOR INFLATION AS 27 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the 28 preceding five years, the person has been convicted and sentenced on two or more 29 separate occasions in this or another jurisdiction of 30 (A) an offense under AS 11.46.120, or an offense under 31 another law or ordinance with similar elements; 01 (B) a crime set out in this subsection or an offense under 02 another law or ordinance with similar elements; 03 (C) an offense under AS 11.46.140(a)(1), or an offense under 04 another law or ordinance with similar elements; or 05 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 06 offense under another law or ordinance with similar elements; or 07 (7) the property is an access device or identification document. 08  * Sec. 8. AS 11.46.140(a) is amended to read: 09 (a) A person commits the crime of theft in the third degree if the person 10 commits theft as defined in AS 11.46.100 and 11 (1) the value of the property or services [, ADJUSTED FOR 12 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 13 or 14 (2) [REPEALED] 15 (3) [REPEALED] 16 (4) the value of the property is less than $250 and, within the preceding 17 five years, the person has been convicted and sentenced on three or more separate 18 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 19 offense under another law or ordinance with similar elements. 20  * Sec. 9. AS 11.46.150(a) is amended to read: 21 (a) A person commits the crime of theft in the fourth degree if the person 22 commits theft as defined in AS 11.46.100 and the value of the property or services [, 23 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 24  * Sec. 10. AS 11.46.220(c) is amended to read: 25 (c) Concealment of merchandise is 26 (1) a class C felony if 27 (A) the merchandise is a firearm; 28 (B) the value of the merchandise [, ADJUSTED FOR 29 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or 30 (C) the value of the merchandise [, ADJUSTED FOR 31 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 01 $750 and, within the preceding five years, the person has been convicted and 02 sentenced on two or more separate occasions in this or another jurisdiction of 03 (i) the offense of concealment of merchandise under 04 this paragraph or (2)(A) of this subsection, or an offense under another 05 law or ordinance with similar elements; or 06 (ii) an offense under AS 11.46.120, 11.46.130, or 07 11.46.140(a)(1), or an offense under another law or ordinance with 08 similar elements; 09 (2) a class A misdemeanor if 10 (A) the value of the merchandise [, ADJUSTED FOR 11 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 12 $750; or 13 (B) [REPEALED] 14 (C) the value of the merchandise is less than $250 and, within 15 the preceding five years, the person has been convicted and sentenced on three 16 or more separate occasions of the offense of concealment of merchandise or 17 theft in any degree, or an offense under another law or ordinance with similar 18 elements; 19 (3) a class B misdemeanor if the value of the merchandise [, 20 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 21  * Sec. 11. AS 11.46.260(b) is amended to read: 22 (b) Removal of identification marks is 23 (1) a class C felony if the value of the property on which the serial 24 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 25 PROVIDED IN AS 11.46.982,] is $750 or more; 26 (2) a class A misdemeanor if the value of the property on which the 27 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 28 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 29 (3) a class B misdemeanor if the value of the property on which the 30 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 31 PROVIDED IN AS 11.46.982,] is less than $250. 01  * Sec. 12. AS 11.46.270(b) is amended to read: 02 (b) Unlawful possession is 03 (1) a class C felony if the value of the property on which the serial 04 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 05 PROVIDED IN AS 11.46.982,] is $750 or more; 06 (2) a class A misdemeanor if the value of the property on which the 07 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 08 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 09 (3) a class B misdemeanor if the value of the property on which the 10 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 11 PROVIDED IN AS 11.46.982,] is less than $250. 12  * Sec. 13. AS 11.46.280(d) is amended to read: 13 (d) Issuing a bad check is 14 (1) a class B felony if the face amount of the check is $25,000 or more; 15 (2) a class C felony if the face amount of the check [, ADJUSTED 16 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 17 $25,000; 18 (3) a class A misdemeanor if the face amount of the check [, 19 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more 20 but less than $750; 21 (4) a class B misdemeanor if the face amount of the check [, 22 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 23  * Sec. 14. AS 11.46.285 is amended to read: 24 Sec. 11.46.285. Fraudulent use of an access device or identification  25 document. (a) A person commits the crime of fraudulent use of an access device or  26 identification document if, with intent to defraud, the person uses an access device or  27 identification document to obtain property or services with knowledge that 28 (1) the access device or identification document is stolen or forged; 29 (2) the access device or identification document is expired or has 30 been revoked or cancelled; or 31 (3) for any other reason, that person's use of the access device or  01 identification document is unauthorized by either the issuer or the person to whom 02 the access device or identification document is issued. 03 (b) Fraudulent use of an access device or identification document is 04 (1) a class B felony if the value of the property or services obtained is 05 $25,000 or more; 06 (2) a class C felony if the value of the property or services obtained [, 07 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $75 [$750] or 08 more but less than $25,000; 09 (3) a class A misdemeanor if the value of the property or services 10 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 11 than $75 [$750]. 12  * Sec. 15. AS 11.46.295 is amended to read: 13 Sec. 11.46.295. Prior convictions. For purposes of considering prior 14 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or  15 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 16 AS 11.46.220(c), 17 (1) a conviction for an offense under another law or ordinance with 18 similar elements is a conviction of an offense having elements similar to those of an 19 offense defined as such under Alaska law at the time the offense was committed; 20 (2) a conviction for an offense under Alaska law where the value of the 21 property or services for the offense was lower than the value of property or services 22 for the offense under current Alaska law is a prior conviction for that offense; and 23 (3) the court shall consider the date of a prior conviction as occurring 24 on the date that sentence is imposed for the prior offense. 25  * Sec. 16. AS 11.46.360(a) is amended to read: 26 (a) A person commits the crime of vehicle theft in the first degree if, having 27 no right to do so or any reasonable ground to believe the person has such a right, the 28 person drives, tows away, or takes 29 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 30 of another; 31 (2) the propelled vehicle of another and 01 (A) the vehicle or any other property of another is damaged in a 02 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 03 AS 11.46.982,] of $750 or more; 04 (B) the owner incurs reasonable expenses as a result of the loss 05 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 06 PROVIDED IN AS 11.46.982,] of $750 or more; or 07 (C) the owner is deprived of the use of the vehicle for seven 08 days or more; 09 (3) the propelled vehicle of another and the vehicle is marked as a 10 police or emergency vehicle; or 11 (4) the propelled vehicle of another and, within the preceding seven 12 years, the person was convicted under 13 (A) this section or AS 11.46.365; 14 (B) former AS 11.46.482(a)(4) or (5); 15 (C) former AS 11.46.484(a)(2); 16 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 17 of a propelled vehicle; or 18 (E) a law or ordinance of this or another jurisdiction with 19 elements substantially similar to those of an offense described in (A) - (D) of 20 this paragraph. 21  * Sec. 17. AS 11.46 is amended by adding a new section to article 3 to read: 22 Sec. 11.46.370. Possession of motor vehicle theft tools. (a) A person commits 23 the crime of possession of motor vehicle theft tools if the person possesses a motor 24 vehicle theft tool with intent to use or permit use of the tool in the commission of 25 vehicle theft. 26 (b) In this section, 27 (1) "altered or shaved key" means a key altered by cutting, filing, or 28 other means to fit multiple vehicles or vehicles other than vehicles for which the key 29 was originally manufactured; 30 (2) "motor vehicle theft tool" includes a slim jim, master key, altered 31 or shaved key, trial or jiggler key, lock puller, electronic unlocking device, or similar 01 device adapted or designed for use in committing vehicle theft; 02 (3) "trial or jiggler key" means a key designed or altered to manipulate 03 a vehicle locking mechanism other than the lock for which the key was originally 04 manufactured. 05 (c) Possession of motor vehicle theft tools is a class A misdemeanor. 06  * Sec. 18. AS 11.46.482(a) is amended to read: 07 (a) A person commits the crime of criminal mischief in the third degree if, 08 having no right to do so or any reasonable ground to believe the person has such a 09 right, 10 (1) with intent to damage property of another, the person damages 11 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 12 IN AS 11.46.982,] of $750 or more; 13 (2) the person recklessly creates a risk of damage in an amount 14 exceeding $100,000 to property of another by the use of widely dangerous means; or 15 (3) the person knowingly 16 (A) defaces, damages, or desecrates a cemetery or the contents 17 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 18 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 19 memorial appears to be abandoned, lost, or neglected; 20 (B) removes human remains or associated burial artifacts from 21 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 22 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 23  * Sec. 19. AS 11.46.484(a) is amended to read: 24 (a) A person commits the crime of criminal mischief in the fourth degree if, 25 having no right to do so or any reasonable ground to believe the person has such a 26 right, 27 (1) with intent to damage property of another, the person damages 28 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 29 IN AS 11.46.982,] of $250 or more but less than $750; 30 (2) the person tampers with a fire protection device in a building that is 31 a public place; 01 (3) the person knowingly accesses a computer, computer system, 02 computer program, computer network, or part of a computer system or network; 03 (4) the person uses a device to descramble an electronic signal that has 04 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 05 device is used only to descramble signals received directly from a satellite or unless 06 the person owned the device before September 18, 1984; or 07 (5) the person knowingly removes, relocates, defaces, alters, obscures, 08 shoots at, destroys, or otherwise tampers with an official traffic control device or 09 damages the work on a highway under construction. 10  * Sec. 20. AS 11.46.486(a) is amended to read: 11 (a) A person commits the crime of criminal mischief in the fifth degree if, 12 having no right to do so or any reasonable ground to believe the person has such a 13 right, 14 (1) with reckless disregard for the risk of harm to or loss of the 15 property or with intent to cause substantial inconvenience to another, the person 16 tampers with property of another; 17 (2) with intent to damage property of another, the person damages 18 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 19 IN AS 11.46.982,] less than $250; or 20 (3) the person rides in a propelled vehicle and, with criminal 21 negligence, disregards the fact that it has been stolen or that it is being used in 22 violation of AS 11.46.360 or 11.46.365(a)(1).  23  * Sec. 21. AS 11.46.530(b) is amended to read: 24 (b) Criminal simulation is 25 (1) a class C felony if the value of what the object purports to represent 26 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or 27 more; 28 (2) a class A misdemeanor if the value of what the object purports to 29 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 30 $250 or more but less than $750; 31 (3) a class B misdemeanor if the value of what the object purports to 01 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 02 than $250. 03  * Sec. 22. AS 11.46.620(d) is amended to read: 04 (d) Misapplication of property is 05 (1) a class C felony if the value of the property misapplied [, 06 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; 07 (2) a class A misdemeanor if the value of the property misapplied [, 08 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750. 09  * Sec. 23. AS 11.46.730(c) is amended to read: 10 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 11 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR 12 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the 13 defendant's conduct, in which case defrauding secured creditors is 14 (1) a class B felony if the loss is $25,000 or more; 15 (2) a class C felony if the loss [, ADJUSTED FOR INFLATION AS 16 PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000. 17  * Sec. 24. AS 11.46.980 is amended by adding a new subsection to read: 18 (e) In determining the degree or classification of a crime under this chapter, if 19 the combined value of the property or services taken from one or more persons or 20 commercial establishments within a period of 180 days is $750 or more but less than 21 $25,000, the value may be aggregated. 22  * Sec. 25. AS 11.56.810(a) is amended to read: 23 (a) A person commits the crime of terroristic threatening in the second degree 24 if the person knowingly communicates a threat [MAKES A FALSE REPORT 25 THAT A CIRCUMSTANCE] 26 (1) to commit a crime against a person or property with reckless  27 disregard of the risk of [DANGEROUS TO HUMAN LIFE EXISTS OR IS ABOUT 28 TO EXIST AND] 29 (A) causing the [A PERSON IS PLACED IN REASONABLE 30 FEAR OF PHYSICAL INJURY TO ANY PERSON; (B) CAUSES] 31 evacuation of a building, public place or area, business premises, or mode of 01 public transportation; 02 (B) causing [(C) CAUSES] serious public inconvenience; or 03 (C) placing the public or a substantial group of the public  04 in fear of serious injury [(D) THE REPORT CLAIMS THAT A 05 BACTERIOLOGICAL, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 06 SUBSTANCE THAT IS CAPABLE OF CAUSING SERIOUS PHYSICAL 07 INJURY HAS BEEN SENT OR IS PRESENT IN A BUILDING, PUBLIC 08 PLACE OR AREA, BUSINESS PREMISES, OR MODE OF PUBLIC 09 TRANSPORTATION]; or 10 (2) that a circumstance exists or is about to exist that is dangerous to 11 the proper or safe functioning of an oil or gas pipeline or supporting facility, utility, or 12 transportation or cargo facility; in this paragraph, "oil or gas pipeline or supporting 13 facility" and "utility" have the meanings given in AS 11.46.495. 14  * Sec. 26. AS 11.61.120(a) is amended to read: 15 (a) A person commits the crime of harassment in the second degree if, with 16 intent to harass or annoy another person, that person 17 (1) insults, taunts, or challenges another person in a manner likely to 18 provoke an immediate violent response; 19 (2) telephones another and fails to terminate the connection with intent 20 to impair the ability of that person to place or receive telephone calls; 21 (3) makes repeated telephone calls at extremely inconvenient hours; 22 (4) makes an anonymous or obscene telephone call, an obscene 23 electronic communication, or a telephone call or electronic communication that 24 threatens physical injury or sexual contact; 25 (5) subjects another person to offensive physical contact; 26 (6) except as provided in AS 11.61.116, publishes or distributes 27 electronic or printed photographs, pictures, or films that show the genitals, anus, or 28 female breast of the other person or show that person engaged in a sexual act; [OR] 29 (7) repeatedly sends or publishes an electronic communication that 30 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 31 that places the person in reasonable fear of physical injury; or  01 (8) under circumstances not proscribed under AS 11.41.455 or  02 AS 11.61.125, repeatedly sends to another person, publishes, or distributes  03 electronic or printed photographs, pictures, or films that show the genitals of any  04 person. 05  * Sec. 27. AS 11.71 is amended by adding a new section to read: 06 Sec. 11.71.025. Misconduct involving a controlled substance in the second  07 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 08 misconduct involving a controlled substance in the second degree if the person 09 manufactures or delivers, or possesses with intent to manufacture or deliver, 10 (1) one or more preparations, compounds, mixtures, or substances of 11 an aggregate weight of 100 grams or more containing a schedule IA controlled 12 substance; 13 (2) 200 or more tablets, ampules, or syrettes containing a schedule IA 14 controlled substance; 15 (3) one or more preparations, compounds, mixtures, or substances of 16 an aggregate weight of 200 grams or more containing a schedule IIA controlled 17 substance; or 18 (4) 400 or more tablets, ampules, or syrettes containing a schedule IIA 19 controlled substance. 20 (b) Misconduct involving a controlled substance in the second degree is a 21 class A felony. 22  * Sec. 28. AS 11.71.030(a) is amended to read: 23 (a) Except as authorized in AS 17.30, a person commits the crime of 24 misconduct involving a controlled substance in the third [SECOND] degree if the 25 person 26 (1) manufactures or delivers, or possesses with intent to manufacture 27 or deliver, 28 (A) one or more preparations, compounds, mixtures, or 29 substances of an aggregate weight of one gram or more but less than 100  30 grams containing a schedule IA controlled substance; 31 (B) 25 or more but less than 200 tablets, ampules, or syrettes 01 containing a schedule IA controlled substance; 02 (C) one or more preparations, compounds, mixtures, or 03 substances of an aggregate weight of 04 (i) 2.5 grams or more but less than 200 grams 05 containing a schedule IIA controlled substance; 06 (ii) 2.5 grams or more containing a schedule [OR] 07 IIIA controlled substance; or 08 (D) 50 or more  09 (i) but less than 400 tablets, ampules, or syrettes 10 containing a schedule IIA controlled substance;  11 (ii) tablets, ampules, or syrettes containing a  12 schedule [OR] IIIA controlled substance; 13 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 14 substance to a person under 19 years of age who is at least three years younger than 15 the person delivering the substance; 16 (3) possesses any amount of a schedule IA or IIA controlled substance 17 (A) with reckless disregard that the possession occurs 18 (i) on or within 500 feet of school grounds; or 19 (ii) at or within 500 feet of a recreation or youth center; 20 or 21 (B) on a school bus; 22 (4) manufactures any material, compound, mixture, or preparation that 23 contains 24 (A) methamphetamine, or its salts, isomers, or salts of isomers; 25 or 26 (B) an immediate precursor of methamphetamine, or its salts, 27 isomers, or salts of isomers; 28 (5) possesses an immediate precursor of methamphetamine, or the 29 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 30 with the intent to manufacture any material, compound, mixture, or preparation that 31 contains methamphetamine, or its salts, isomers, or salts of isomers; 01 (6) possesses a listed chemical with intent to manufacture any material, 02 compound, mixture, or preparation that contains 03 (A) methamphetamine, or its salts, isomers, or salts of isomers; 04 or 05 (B) an immediate precursor of methamphetamine, or its salts, 06 isomers, or salts of isomers; 07 (7) possesses methamphetamine in an organic solution with intent to 08 extract from it methamphetamine or its salts, isomers, or salts of isomers; or 09 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 10 delivers 11 (A) an immediate precursor of methamphetamine, or the salts, 12 isomers, or salts of isomers of the immediate precursor of methamphetamine, 13 to another person with reckless disregard that the precursor will be used to 14 manufacture any material, compound, mixture, or preparation that contains 15 methamphetamine, or its salts, isomers, or salts of isomers; or 16 (B) a listed chemical to another person with reckless disregard 17 that the listed chemical will be used to manufacture any material, compound, 18 mixture, or preparation that contains 19 (i) methamphetamine, or its salts, isomers, or salts of 20 isomers; 21 (ii) an immediate precursor of methamphetamine, or its 22 salts, isomers, or salts of isomers; or 23 (iii) methamphetamine or its salts, isomers, or salts of 24 isomers in an organic solution. 25  * Sec. 29. AS 11.71.030(d) is amended to read: 26 (d) Misconduct involving a controlled substance in the third [SECOND] 27 degree is a class B felony. 28  * Sec. 30. AS 11.71.040(a) is amended to read: 29 (a) Except as authorized in AS 17.30 and AS 17.38, a person commits the 30 crime of misconduct involving a controlled substance in the fourth [THIRD] degree if 31 the person 01 (1) manufactures or delivers any amount of a schedule IVA or VA 02 controlled substance or possesses any amount of a schedule IVA or VA controlled 03 substance with intent to manufacture or deliver; 04 (2) manufactures or delivers, or possesses with the intent to 05 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 06 of an aggregate weight of one ounce or more containing a schedule VIA controlled 07 substance; 08 (3) possesses any amount of a schedule IA controlled substance listed 09 in AS 11.71.140(e); 10 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 11 (A) with reckless disregard that the possession occurs 12 (i) on or within 500 feet of school grounds; or 13 (ii) at or within 500 feet of a recreation or youth center; 14 or 15 (B) on a school bus; 16 (5) knowingly keeps or maintains any store, shop, warehouse, 17 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 18 keeping or distributing controlled substances in violation of a felony offense under this 19 chapter or AS 17.30; 20 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 21 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 22 mark, imprint, or device of another or any likeness of any of these on a drug, drug 23 container, or labeling so as to render the drug a counterfeit substance; 24 (7) knowingly uses in the course of the manufacture or distribution of a 25 controlled substance a registration number that is fictitious, revoked, suspended, or 26 issued to another person; 27 (8) knowingly furnishes false or fraudulent information in or omits 28 material information from any application, report, record, or other document required 29 to be kept or filed under AS 17.30; 30 (9) obtains possession of a controlled substance by misrepresentation, 31 fraud, forgery, deception, or subterfuge; 01 (10) affixes a false or forged label to a package or other container 02 containing any controlled substance; [OR] 03 (11) manufactures or delivers, or possesses with the intent to 04 manufacture or deliver, 05 (A) one or more preparations, compounds, mixtures, or 06 substances of an aggregate weight of less than one gram containing a schedule 07 IA controlled substance; 08 (B) less than 25 tablets, ampules, or syrettes containing a 09 schedule IA controlled substance; 10 (C) one or more preparations, compounds, mixtures, or 11 substances of an aggregate weight of less than 2.5 grams containing a schedule 12 IIA or IIIA controlled substance; or 13 (D) less than 50 tablets, ampules, or syrettes containing a 14 schedule IIA or IIIA controlled substance; or 15 (12) under circumstances not proscribed under AS 11.71.030(a)(3)  16 or (3) of this subsection, possesses any amount of a schedule IA or IIA controlled  17 substance and, within the preceding 10 years, has been convicted on two or more  18 separate occasions of a crime under  19 (A) this paragraph;  20 (B) AS 11.71.050(a)(4); or  21 (C) a law or ordinance of this or another jurisdiction with  22 elements similar to a crime listed under (A) or (B) of this paragraph. 23  * Sec. 31. AS 11.71.040(d) is amended to read: 24 (d) Misconduct involving a controlled substance in the fourth [THIRD] 25 degree is a class C felony. 26  * Sec. 32. AS 11.71.050 is amended to read: 27 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth  28 [FOURTH] degree. (a) Except as authorized in AS 17.30 and AS 17.38, a person 29 commits the crime of misconduct involving a controlled substance in the fifth 30 [FOURTH] degree if the person 31 (1) manufactures or delivers, or possesses with the intent to 01 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 02 of an aggregate weight of less than one ounce containing a schedule VIA controlled 03 substance; 04 (2) [REPEALED] 05 (3) fails to make, keep, or furnish any record, notification, order form, 06 statement, invoice, or information required under AS 17.30; or 07 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 08 11.71.040(a)(3), (4), or (12) [11.71.040(a)(4)], or 11.71.060(a)(2), possesses any 09 amount of a schedule IA, IIA, IIIA, IVA, VA, or VIA controlled substance. 10 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 11 degree is a class A misdemeanor. 12  * Sec. 33. AS 11.71.060 is amended to read: 13 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth  14 [FIFTH] degree. (a) Except as authorized in AS 17.30 and AS 17.38, a person 15 commits the crime of misconduct involving a controlled substance in the sixth 16 [FIFTH] degree if the person 17 (1) uses or displays any amount of a schedule VIA controlled 18 substance; 19 (2) possesses one or more preparations, compounds, mixtures, or 20 substances of an aggregate weight of 21 (A) less than one ounce containing a schedule VIA controlled 22 substance; 23 (B) six grams or less containing a schedule IIIA controlled 24 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 25 otherwise applied to tobacco, an herb, or another organic material; or 26 (3) refuses entry into premises [A PREMISE] for an inspection 27 authorized under AS 17.30. 28 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 29 is a class B misdemeanor. 30  * Sec. 34. AS 11.71.311(a) is amended to read: 31 (a) A person may not be prosecuted for a violation of AS 11.71.025(a),  01 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) [AS 11.71.030(a)(3), 11.71.040(a)(3) 02 OR (4)], 11.71.050(a)(4), or 11.71.060(a)(1) or (2) if that person 03 (1) sought, in good faith, medical or law enforcement assistance for 04 another person who the person reasonably believed was experiencing a drug overdose 05 and 06 (A) the evidence supporting the prosecution for an offense 07 under AS 11.71.025(a), 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) 08 [AS 11.71.030(a)(3), 11.71.040(a)(3) OR (4)], 11.71.050(a)(4), or 09 11.71.060(a)(1) or (2) was obtained or discovered as a result of the person 10 seeking medical or law enforcement assistance; 11 (B) the person remained at the scene with the other person until 12 medical or law enforcement assistance arrived; and 13 (C) the person cooperated with medical or law enforcement 14 personnel, including by providing identification; 15 (2) was experiencing a drug overdose and sought medical assistance, 16 and the evidence supporting a prosecution for an offense under AS 11.71.025(a),  17 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) [AS 11.71.030(a)(3), 11.71.040(a)(3) 18 OR (4)], 11.71.050(a)(4), or 11.71.060(a)(1) or (2) was obtained as a result of the 19 overdose and the need for medical assistance. 20  * Sec. 35. AS 12.55.015 is amended by adding a new subsection to read: 21 (l) At sentencing for a defendant convicted of a crime involving a sex offense 22 as defined in AS 12.63.100 or a crime involving domestic violence as defined in 23 AS 18.66.990, there is a presumption that, unless the court finds on the record that 24 contact between a defendant and the victim of the offense is necessary, the court shall 25 order the defendant to have no contact, either directly or indirectly, with the victim 26 until the defendant is unconditionally discharged. 27  * Sec. 36. AS 12.55.027 is amended by adding a new subsection to read: 28 (i) A court may grant credit under this section for time spent in a treatment 29 program or under electronic monitoring only if the court finds that the sentence, 30 including any credit toward the sentence of imprisonment, meets the requirements of 31 AS 12.55.005. 01  * Sec. 37. AS 12.55.125(d) is amended to read: 02 (d) Except as provided in (i) of this section, a defendant convicted of a class B 03 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 04 and shall be sentenced to a definite term within the following presumptive ranges, 05 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 06 (1) if the offense is a first felony conviction and does not involve 07 circumstances described in (2) or 3 of this subsection, 90 days [ZERO] to two years; a 08 defendant sentenced under this paragraph may, if the court finds it appropriate, be 09 granted a suspended imposition of sentence under AS 12.55.085; 10 (2) if the offense is a first felony conviction, the defendant violated 11 AS 11.41.130, and the victim was 12 (A) a child under 16 years of age, two to four years; or 13 (B) was 16 years of age or older, one to three years; 14 (3) if the offense is a first felony conviction under  15 AS 11.71.030(a)(4), (5), (6), (7), or (8) for manufacture or possession with intent  16 to manufacture a controlled substance that is listed in AS 11.71.150(e)(2) and  17 (A) the manufacture or possession with intent to  18 manufacture occurred in a building with reckless disregard that the  19 building was used as a permanent or temporary home or place of lodging  20 for one or more children under 18 years of age, or a place frequented by  21 children, two to four years; or  22 (B) in the course of manufacturing, the defendant obtained  23 the assistance of one or more children under 18 years of age, or one or  24 more children were present, two to four years;  25 (4) [(3)] if the offense is a second felony conviction, two to five years; 26 (5) [(4)] if the offense is a third felony conviction, four to 10 years. 27  * Sec. 38. AS 12.55.125(i) is amended to read: 28 (i) A defendant convicted of 29 (1) sexual assault in the first degree, sexual abuse of a minor in the 30 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 31 sentenced to a definite term of imprisonment of not more than 99 years and shall be 01 sentenced to a definite term within the following presumptive ranges, subject to 02 adjustment as provided in AS 12.55.155 - 12.55.175: 03 (A) if the offense is a first felony conviction, the offense does 04 not involve circumstances described in (B) of this paragraph, and the victim 05 was 06 (i) less than 13 years of age, 25 to 35 years; 07 (ii) 13 years of age or older, 20 to 30 years; 08 (B) if the offense is a first felony conviction and the defendant 09 possessed a firearm, used a dangerous instrument, or caused serious physical 10 injury during the commission of the offense, 25 to 35 years; 11 (C) if the offense is a second felony conviction and does not 12 involve circumstances described in (D) of this paragraph, 30 to 40 years; 13 (D) if the offense is a second felony conviction and the 14 defendant has a prior conviction for a sexual felony, 35 to 45 years; 15 (E) if the offense is a third felony conviction and the defendant 16 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 17 to 60 years; 18 (F) if the offense is a third felony conviction, the defendant is 19 not subject to sentencing under (l) of this section, and the defendant has two 20 prior convictions for sexual felonies, 99 years; 21 (2) unlawful exploitation of a minor under AS 11.41.455(c)(2), 22 [ONLINE] enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or 23 solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the 24 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 25 sentenced to a definite term of imprisonment of not more than 99 years and shall be 26 sentenced to a definite term within the following presumptive ranges, subject to 27 adjustment as provided in AS 12.55.155 - 12.55.175: 28 (A) if the offense is a first felony conviction, the offense does 29 not involve circumstances described in (B) of this paragraph, and the victim 30 was 31 (i) under 13 years of age, 20 to 30 years; 01 (ii) 13 years of age or older, 15 to 30 years; 02 (B) if the offense is a first felony conviction and the defendant 03 possessed a firearm, used a dangerous instrument, or caused serious physical 04 injury during the commission of the offense, 25 to 35 years; 05 (C) if the offense is a second felony conviction and does not 06 involve circumstances described in (D) of this paragraph, 25 to 35 years; 07 (D) if the offense is a second felony conviction and the 08 defendant has a prior conviction for a sexual felony, 30 to 40 years; 09 (E) if the offense is a third felony conviction, the offense does 10 not involve circumstances described in (F) of this paragraph, and the defendant 11 is not subject to sentencing under (l) of this section, 35 to 50 years; 12 (F) if the offense is a third felony conviction, the defendant is 13 not subject to sentencing under (l) of this section, and the defendant has two 14 prior convictions for sexual felonies, 99 years; 15 (3) sexual assault in the second degree, sexual abuse of a minor in the 16 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), unlawful 17 exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography 18 under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not 19 more than 99 years and shall be sentenced to a definite term within the following 20 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 21 (A) if the offense is a first felony conviction, five to 15 years; 22 (B) if the offense is a second felony conviction and does not 23 involve circumstances described in (C) of this paragraph, 10 to 25 years; 24 (C) if the offense is a second felony conviction and the 25 defendant has a prior conviction for a sexual felony, 15 to 30 years; 26 (D) if the offense is a third felony conviction and does not 27 involve circumstances described in (E) of this paragraph, 20 to 35 years; 28 (E) if the offense is a third felony conviction and the defendant 29 has two prior convictions for sexual felonies, 99 years; 30 (4) sexual assault in the third degree, incest, indecent exposure in the 31 first degree, possession of child pornography, distribution of child pornography under 01 AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in 02 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation 03 of a minor, or distribution of child pornography, may be sentenced to a definite term 04 of imprisonment of not more than 99 years and shall be sentenced to a definite term 05 within the following presumptive ranges, subject to adjustment as provided in 06 AS 12.55.155 - 12.55.175: 07 (A) if the offense is a first felony conviction, two to 12 years; 08 (B) if the offense is a second felony conviction and does not 09 involve circumstances described in (C) of this paragraph, eight to 15 years; 10 (C) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 12 to 20 years; 12 (D) if the offense is a third felony conviction and does not 13 involve circumstances described in (E) of this paragraph, 15 to 25 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  * Sec. 39. AS 12.55.135(a) is amended to read: 17 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 18 definite term of imprisonment of not more than 19 (1) one year, if the 20 (A) conviction is for a crime with a mandatory minimum term 21 of 30 days or more of active imprisonment; 22 (B) trier of fact finds the aggravating factor that the conduct 23 constituting the offense was among the most serious conduct included in the 24 definition of the offense; 25 (C) defendant has past criminal convictions for conduct 26 violative of criminal laws, punishable as felonies or misdemeanors, similar in 27 nature to the offense for which the defendant is being sentenced; 28 (D) conviction is for an assault in the fourth degree under 29 AS 11.41.230; [OR] 30 (E) conviction is for a violation of 31 (i) AS 11.41.427; 01 (ii) AS 11.41.440; 02 (iii) AS 11.41.460, if the indecent exposure is before a 03 person under 16 years of age; 04 (iv) AS 11.61.116(c)(2); or 05 (v) AS 11.61.118(a)(2); or  06 (F) conviction is for a crime involving domestic violence; or  07 (2) 90 [30] days. 08  * Sec. 40. AS 12.55.135(b) is amended to read: 09 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 10 definite term of imprisonment of not more than 11 (1) 30 [10] days unless otherwise specified in the provision of law 12 defining the offense or in this section; 13 (2) 90 days if the conviction is for a violation of 14 (A) AS 11.61.116(c)(1) and the person is 21 years of age or 15 older; or 16 (B) AS 11.61.120(a)(6) and the person is 21 years of age or 17 older; or 18 (3) five days if the conviction is for a violation of AS 11.56.757. 19  * Sec. 41. AS 12.55.135(n) is amended to read: 20 (n) A court sentencing a person convicted of misconduct involving a 21 controlled substance in the fifth [FOURTH] degree under AS 11.71.050(a)(4) or 22 misconduct involving a controlled substance in the sixth [FIFTH] degree under 23 AS 11.71.060(a)(2) may not impose 24 (1) a sentence of active imprisonment, unless the person has previously 25 been convicted more than once of an offense under AS 11.71 or a law of this or 26 another jurisdiction with elements substantially similar to an offense under AS 11.71; 27 or 28 (2) a sentence of suspended imprisonment greater than 29 (A) 30 days, if the defendant has not been previously convicted 30 of an offense under AS 11.71 or a law of this or another jurisdiction with 31 elements substantially similar to an offense under AS 11.71; or 01 (B) 180 days, if the person has been previously convicted of an 02 offense under AS 11.71 or a law of this or another jurisdiction with elements 03 substantially similar to an offense under AS 11.71. 04  * Sec. 42. AS 12.55.185(10) is amended to read: 05 (10) "most serious felony" means 06 (A) arson in the first degree, sex trafficking in the first degree 07 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under 08 AS 11.41.452(e), or any unclassified or class A felony prescribed under 09 AS 11.41; or 10 (B) an attempt, or conspiracy to commit, or criminal 11 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 12 AS 11.41; 13  * Sec. 43. AS 12.55.185(16) is amended to read: 14 (16) "sexual felony" means sexual assault in the first degree, sexual 15 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 16 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation 17 of a minor, distribution of child pornography, sexual assault in the third degree, incest, 18 indecent exposure in the first degree, possession of child pornography, [ONLINE] 19 enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 20 crimes; 21  * Sec. 44. AS 12.61.050 is amended by adding a new subsection to read: 22 (c) Through the automated victim notification system established in (a) of this 23 section, the Department of Corrections shall notify a victim of a sex offense as defined 24 in AS 12.63.100 or a crime involving domestic violence as defined in AS 18.66.990 of 25 the option to request a protective order under AS 18.65.850 or AS 18.66.100 and 26 provide contact information for state victim resources, including the Council on 27 Domestic Violence and Sexual Assault, the Alaska Network on Domestic Violence 28 and Sexual Assault, the Office of Victims' Rights, and the Violent Crimes 29 Compensation Board. This notification must occur when the offender of the victim is 30 released from incarceration or when the order under AS 12.55.015(l) expires, 31 whichever is later. 01  * Sec. 45. AS 12.63.010(d) is amended to read:  02 (d) A sex offender or child kidnapper required to register 03 (1) for 15 years under (a) of this section and AS 12.63.020 04 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under 05 AS 12.63.020, on a date set by the department at the time of the sex offender's or child 06 kidnapper's initial registration, provide written verification to the department, in the 07 manner required by the department, of the sex offender's or child kidnapper's address 08 and notice of any changes to the information previously provided under (b)(1) of this 09 section; 10 (2) for life under (a) of this section and AS 12.63.020 11 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department, 12 provide written verification to the department, in the manner required by the 13 department, of the sex offender's or child kidnapper's address and any changes to the 14 information previously provided under (b)(1) of this section. 15  * Sec. 46. AS 12.63.010 is amended by adding a new subsection to read: 16 (g) Notwithstanding the requirement to register under this section, a sex 17 offender or child kidnapper, as that term is defined in AS 12.63.100(6)(B), may 18 petition the department for removal from the central registry of sex offenders and child 19 kidnappers and to be exempt from the registration requirements under this section. The 20 department shall grant the petition if the petitioner submits proof acceptable to the 21 department that the facts underlying the conviction in another jurisdiction do not 22 constitute a sex offense or child kidnapping in this state. When the petition is granted, 23 the department shall remove from the central registry information about the sex 24 offender or child kidnapper as provided in AS 18.65.087(d)(4). 25  * Sec. 47. AS 12.63.020 is amended to read: 26 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to  27 register. (a) The duty of a sex offender or child kidnapper to comply with the 28 requirements of AS 12.63.010 is as follows:  29 (1) for a sex offender or child kidnapper, as that term is defined in  30 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty  31 (A) [(1)] continues for the lifetime of a sex offender or child 01 kidnapper convicted of 02 (i) [(A)] one aggravated sex offense; or 03 (ii) [(B)] two or more sex offenses, two or more child 04 kidnappings, or one sex offense and one child kidnapping; for purposes 05 of this section, a person convicted of indecent exposure before a person 06 under 16 years of age under AS 11.41.460 more than two times has 07 been convicted of two or more sex offenses; 08 (B) [(2)] ends 15 years following the sex offender's or child 09 kidnapper's unconditional discharge from a conviction for a single sex offense 10 that is not an aggravated sex offense or for a single child kidnapping if the sex 11 offender or child kidnapper has supplied proof that is acceptable to the 12 department of the unconditional discharge; the registration period under this 13 subparagraph 14 (i) [PARAGRAPH (A)] is tolled for each year that a 15 sex offender or child kidnapper [(i)] fails to comply with the 16 requirements of this chapter or [; (ii)] is incarcerated for the offense or 17 kidnapping for which the offender or kidnapper is required to register 18 or for any other offense; 19 (ii) [(B)] may include the time a sex offender or child 20 kidnapper was absent from this state if the sex offender or child 21 kidnapper has complied with any sex offender or child kidnapper 22 registration requirements of the jurisdiction in which the offender or 23 kidnapper was located and if the sex offender or child kidnapper 24 provides the department with proof of the compliance while the sex 25 offender or child kidnapper was absent from this state; and 26 (iii) [(C)] continues for a sex offender or child 27 kidnapper who has not supplied proof acceptable to the department of 28 the offender's or kidnapper's unconditional discharge for the sex 29 offense or child kidnapping requiring registration;  30 (2) for a sex offender or child kidnapper, as that term is defined in  31 AS 12.63.100(6)(B), the duty continues for the period determined by the  01 department under (b) of this section. 02 (b) The department shall adopt, by regulation, 03 (1) procedures to notify a sex offender or child kidnapper 04 (A) who, on the registration form under AS 12.63.010, lists a 05 conviction for a sex offense or child kidnapping that is a violation of a former 06 law of this state or a law of another jurisdiction, of the duration of the 07 offender's or kidnapper's duty under (a) of this section for that sex offense or 08 child kidnapping;  09 (B) as that term is defined in AS 12.63.100(6)(B), of the  10 duration of the sex offender or child kidnapper's duty under (a) of this  11 section and of the procedure to petition for removal from the central  12 registry; in adopting regulations under this subparagraph, the  13 department shall  14 (i) consider the period of registration required in the  15 other jurisdiction; and  16 (ii) provide for tolling of the registration period if  17 the sex offender or child kidnapper fails to comply with the  18 requirements of this chapter or is incarcerated;  19 (2) a requirement that an [. AS A PART OF THE REGULATIONS, 20 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply 21 proof acceptable to the department of unconditional discharge and the date it occurred;  22 (3) procedures to remove a sex offender or child kidnapper, as that  23 term is defined in AS 12.63.100(6)(B), from the central registry of sex offenders  24 and child kidnappers. 25  * Sec. 48. AS 12.63.100(6) is amended to read: 26 (6) "sex offender or child kidnapper" means 27 (A) a person convicted of a sex offense or child kidnapping in 28 this state or another jurisdiction regardless of whether the conviction occurred 29 before, after, or on January 1, 1999; 30 (B) a person charged and convicted as an adult of an  31 offense that requires registration as a sex offender or child kidnapper in  01 another jurisdiction;  02  * Sec. 49. AS 18.65.087(d) is amended to read: 03 (d) The Department of Public Safety 04 (1) shall adopt regulations to 05 (A) allow a sex offender or child kidnapper to review sex 06 offender or child kidnapper registration information that refers to that sex 07 offender or child kidnapper, and if the sex offender or child kidnapper believes 08 the information is inaccurate or incomplete, to request the department to 09 correct the information; if the department finds the information is inaccurate or 10 incomplete, the department shall correct or supplement the information; 11 (B) ensure the appropriate circulation to law enforcement 12 agencies of information contained in the central registry; 13 (C) ensure the anonymity of members of the public who 14 request information under this section; 15 (2) shall provide to the Department of Corrections and municipal 16 police departments the forms and directions necessary to allow sex offenders and child 17 kidnappers to comply with AS 12.63.010; 18 (3) may adopt regulations to establish fees to be charged for 19 registration under AS 12.63.010 and for information requests; the fee for registration 20 shall be based on [UPON] the actual costs of performing the registration and 21 maintaining the central registry but may not be set at a level whereby registration is 22 discouraged; the fee for an information request may not be greater than $10; 23 (4) shall remove from the central registry of sex offenders and child 24 kidnappers under this section information about a sex offender or child kidnapper 25 (A) required to register under AS 12.63.020(a)(2) at the end of 26 the sex offender's or child kidnapper's duty to register if the offender or 27 kidnapper has not been convicted of another sex offense or child kidnapping 28 and the offender or kidnapper has supplied proof of unconditional discharge 29 acceptable to the department; 30 (B) who has successfully petitioned the Department of  31 Public Safety to be removed from the central registry of sex offenders and  01 child kidnappers under AS 12.63.010(g) [IN THIS PARAGRAPH, "SEX 02 OFFENSE" AND "CHILD KIDNAPPING" HAVE THE MEANINGS GIVEN 03 IN AS 12.63.100]. 04  * Sec. 50. AS 18.65.087 is amended by adding a new subsection to read: 05 (j) In this section, "sex offense" and "child kidnapping" have the meanings 06 given in AS 12.63.100. 07  * Sec. 51. AS 28.35.030(k) is amended to read: 08 (k) Imprisonment required under (b)(1)(A) of this section shall be served at a  09 community residential center or by electronic monitoring at a private residence 10 under AS 33.30.065. If a community residential center or electronic monitoring at a  11 private residence is not available, imprisonment required under (b)(1)(A) of this 12 section may [SHALL] be served at another appropriate place [A PRIVATE 13 RESIDENCE BY OTHER MEANS] determined by the commissioner of corrections. 14 [A PERSON WHO IS SERVING A SENTENCE OF IMPRISONMENT REQUIRED 15 UNDER (b)(1)(A) OF THIS SECTION BY ELECTRONIC MONITORING AT A 16 PRIVATE RESIDENCE MAY NOT BE SUBJECT TO A SEARCH OF THE 17 PERSON'S DWELLING BY A PEACE OFFICER OR A PERSON REQUIRED TO 18 ADMINISTER THE ELECTRONIC MONITORING UNDER AS 33.30.065(a), 19 EXCEPT UPON PROBABLE CAUSE.] Imprisonment required under (b)(1)(B) - (F) 20 of this section may be served at a community residential center or at a private 21 residence if approved by the commissioner of corrections. Imprisonment served at a 22 private residence must include electronic monitoring under AS 33.30.065 [OR, IF 23 ELECTRONIC MONITORING IS NOT AVAILABLE, BY OTHER MEANS AS 24 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of 25 imprisonment resulting from the sentence imposed under (b)(1) of this section shall be 26 paid to the state by the person being sentenced. The cost of imprisonment required to 27 be paid under this subsection may not exceed $2,000. Upon the person's conviction, 28 the court shall include the costs of imprisonment as a part of the judgment of 29 conviction. Except for reimbursement from a permanent fund dividend as provided in 30 this subsection, payment of the cost of imprisonment is not required if the court 31 determines the person is indigent. For costs of imprisonment that are not paid by the 01 person as required by this subsection, the state shall seek reimbursement from the 02 person's permanent fund dividend as provided under AS 43.23.140. A person 03 sentenced under (b)(1)(B) of this section shall perform at least 160 hours of 04 community service work, as required by the director of the community residential 05 center or other appropriate place, or as required by the commissioner of corrections if 06 the sentence is being served at a private residence. In this subsection, "appropriate 07 place" means a facility with 24-hour on-site staff supervision that is specifically 08 adapted to provide a residence, and includes a correctional center, residential treatment 09 facility, hospital, halfway house, group home, work farm, work camp, or other place 10 that provides varying levels of restriction. 11  * Sec. 52. AS 28.35.030(o) is amended to read: 12 (o) Upon request, the department shall review a driver's license revocation 13 imposed under (n)(3) of this section and, unless the revocation was ordered in a  14 case in which the person was also convicted of a crime under AS 11.41.100 -  15 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, 16 (1) may restore the driver's license if 17 (A) the license has been revoked for a period of at least 10 18 years; 19 (B) the person has not been convicted of a [DRIVING- 20 RELATED] criminal offense in the 10 years preceding the request for  21 restoration of [SINCE] the license [WAS REVOKED]; and 22 (C) the person provides proof of financial responsibility; 23 (2) shall restore the driver's license if 24 (A) the person has been granted limited license privileges 25 under AS 28.15.201(g) and has successfully driven under that limited license 26 for three years without having the limited license privileges revoked; 27 (B) the person has successfully completed a court-ordered 28 treatment program under AS 28.35.028 or a rehabilitative treatment program 29 under AS 28.15.201(h); 30 (C) the person has not been convicted of a violation of 31 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 01 jurisdiction since the license was revoked; 02 (D) the person is otherwise eligible to have the person's driving 03 privileges restored as provided in AS 28.15.211; in an application under this 04 subsection, a person whose license was revoked for a violation of 05 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as 06 required under AS 28.35.030(h) or 28.35.032(l); and 07 (E) the person provides proof of financial responsibility. 08  * Sec. 53. AS 28.35.032(o) is amended to read: 09 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 10 community residential center, or if a community residential center [PRIVATE 11 RESIDENCE BY ELECTRONIC MONITORING UNDER AS 33.30.065. IF 12 ELECTRONIC MONITORING] is not available, at another appropriate place 13 [IMPRISONMENT UNDER (g)(1)(A) OF THIS SECTION SHALL BE SERVED 14 AT A PRIVATE RESIDENCE BY OTHER MEANS AS] determined by the 15 commissioner of corrections. [A PERSON WHO IS SERVING A SENTENCE OF 16 IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS SECTION BY 17 ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY NOT BE 18 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE 19 OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC 20 MONITORING UNDER AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE.] 21 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 22 community residential center or at a private residence if approved by the 23 commissioner of corrections. Imprisonment served at a private residence must include 24 electronic monitoring under AS 33.30.065 [OR, IF ELECTRONIC MONITORING IS 25 NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS AS DETERMINED 26 BY THE COMMISSIONER OF CORRECTIONS]. The cost of imprisonment 27 resulting from the sentence imposed under (g)(1) of this section shall be paid to the 28 state by the person being sentenced. The cost of imprisonment required to be paid 29 under this subsection may not exceed $2,000. Upon the person's conviction, the court 30 shall include the costs of imprisonment as a part of the judgment of conviction. Except 31 for reimbursement from a permanent fund dividend as provided in this subsection, 01 payment of the cost of imprisonment is not required if the court determines the person 02 is indigent. For costs of imprisonment that are not paid by the person as required by 03 this subsection, the state shall seek reimbursement from the person's permanent fund 04 dividend as provided under AS 43.23.140. A person sentenced under (g)(1)(B) of this 05 section shall perform at least 160 hours of community service work, as required by the 06 director of the community residential center or other appropriate place, or as required 07 by the commissioner of corrections if the sentence is being served at a private 08 residence. In this subsection, "appropriate place" means a facility with 24-hour on-site 09 staff supervision that is specifically adapted to provide a residence, and includes a 10 correctional center, residential treatment facility, hospital, halfway house, group home, 11 work farm, work camp, or other place that provides varying levels of restriction. 12  * Sec. 54. AS 28.35.032(q) is amended to read: 13 (q) Upon request, the department shall review a driver's license revocation 14 imposed under (p)(3) of this section and, unless the revocation was ordered in a  15 case in which the person was also convicted of a crime under AS 11.41.100 -  16 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, may 17 restore the driver's license if 18 (1) the license has been revoked for a period of at least 10 years; 19 (2) the person has not been convicted of a criminal offense in the 10  20 years preceding the request for restoration of [SINCE] the license [WAS 21 REVOKED]; and 22 (3) the person provides proof of financial responsibility. 23  * Sec. 55. AS 33.30.011(a) is amended to read: 24 (a) The commissioner shall 25 (1) establish, maintain, operate, and control correctional facilities 26 suitable for the custody, care, and discipline of persons charged or convicted of 27 offenses against the state or held under authority of state law; each correctional facility 28 operated by the state shall be established, maintained, operated, and controlled in a 29 manner that is consistent with AS 33.30.015; 30 (2) classify prisoners; 31 (3) for persons committed to the custody of the commissioner, 01 establish programs, including furlough programs that are reasonably calculated to 02 (A) protect the public and the victims of crimes committed by 03 prisoners; 04 (B) maintain health; 05 (C) create or improve occupational skills; 06 (D) enhance educational qualifications; 07 (E) support court-ordered restitution; and 08 (F) otherwise provide for the rehabilitation and reformation of 09 prisoners, facilitating their reintegration into society; 10 (4) provide necessary 11 (A) medical services for prisoners in correctional facilities or 12 who are committed by a court to the custody of the commissioner, including 13 examinations for communicable and infectious diseases; 14 (B) psychological or psychiatric treatment if a physician or 15 other health care provider, exercising ordinary skill and care at the time of 16 observation, concludes that 17 (i) a prisoner exhibits symptoms of a serious disease or 18 injury that is curable or may be substantially alleviated; and 19 (ii) the potential for harm to the prisoner by reason of 20 delay or denial of care is substantial; and 21 (C) assessment or screening of the risks and needs of offenders 22 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 23 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 24 disorder; 25 (5) establish minimum standards for sex offender treatment programs 26 offered to persons who are committed to the custody of the commissioner; 27 (6) provide for fingerprinting in correctional facilities in accordance 28 with AS 12.80.060; 29 (7) establish a program to conduct assessments of the risks and needs 30 of offenders sentenced to serve a term of incarceration of 90 [30] days or more [AND 31 PROVIDE TO THE LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY 01 15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING THE FIRST 02 REGULAR SESSION OF EACH LEGISLATURE, A REPORT SUMMARIZING 03 THE FINDINGS AND RESULTS OF THE PROGRAM]; the program must include a 04 requirement for an assessment before a prisoner's release on parole, furlough, or 05 electronic monitoring from a correctional facility; 06 (8) establish a procedure that provides for each prisoner required to 07 serve an active term of imprisonment of 90 [30] days or more a written case plan that 08 (A) takes effect and is provided to the prisoner within 90 days 09 after sentencing; 10 (B) is based on the results of the assessment of the prisoner's 11 risks and needs under (7) of this subsection; 12 (C) includes a requirement to follow the rules of the institution; 13 (D) is modified when necessary for changes in classification, 14 housing status, medical or mental health, and resource availability; 15 (E) includes participation in programming that addresses the 16 needs identified in the assessment; 17 (9) establish a program to begin reentry planning with each prisoner 18 serving an active term of imprisonment of 90 days or more; reentry planning must 19 begin at least 90 days before release on furlough or probation or parole; the reentry 20 program must include 21 (A) a written reentry plan for each prisoner completed upon 22 release on furlough or probation or parole that includes information on the 23 prisoner's proposed 24 (i) residence; 25 (ii) employment or alternative means of support; 26 (iii) treatment options; 27 (iv) counseling services; 28 (v) education or job training services; 29 (B) any other requirements for successful transition back to the 30 community, including electronic monitoring or furlough for the period between 31 a scheduled parole hearing and parole eligibility; 01 (C) coordination with the Department of Labor and Workforce 02 Development to provide access, after release, to job training and employment 03 assistance; and  04 (D) coordination with community reentry coalitions or  05 other providers of reentry services if available;  06 (10) for offenders under electronic monitoring, establish 07 (A) minimum standards for electronic monitoring, which may 08 include the requirement of active, real-time monitoring using global 09 positioning systems; and 10 (B) procedures for oversight and approving electronic 11 monitoring programs and systems provided by private contractors; [AND] 12 (11) assist a prisoner in obtaining a valid state identification card if the 13 prisoner does not have a valid state identification card before the prisoner's release; the 14 department shall pay the application fee for the identification card; and 15 (12) provide to the legislature, by electronic means, by January 10  16 preceding the first regular session of each legislature, a report summarizing the  17 findings and results of the program established under (7) of this subsection; the  18 report must include  19 (A) the number of prisoners who were provided with  20 written case plans under (8) of this subsection;  21 (B) the number of written case plans under (8) of this  22 subsection initiated within the preceding year; and  23 (C) the number of written case plans under (8) of this  24 subsection that were updated in the preceding year. 25  * Sec. 56. AS 34.03.360(7) is amended to read: 26 (7) "illegal activity involving a controlled substance" means a violation 27 of AS 11.71.010(a), 11.71.025, 11.71.030(a)(1), (2), or (4) - (8), or 11.71.040(a)(1), 28 (2), or (5); 29  * Sec. 57. AS 44.19.647(a) is amended to read: 30 (a) The commission shall submit to the governor and the legislature an annual 31 report. The report must include 01 (1) a description of its proceedings for the previous calendar year; 02 (2) a summary of savings and recommendations on how savings from 03 criminal justice reform should be reinvested to reduce recidivism; 04 (3) performance metrics and outcomes from the recommendations the 05 commission made in its December 2015 report, including recidivism rates, defined as 06 (A) the percentage of inmates who return to prison within three 07 years after release, broken down by offense type and risk level; and 08 (B) the percentage of inmates who return to prison within three 09 years after release for a new criminal conviction, broken down by offense type 10 and risk level; [AND] 11 (4) recommendations for additional reforms, which may include 12 recommendations for legislative and administrative action; and  13 (5) data reported by the Department of Law under AS 44.23.040. 14  * Sec. 58. AS 44.23.020 is amended by adding a new subsection to read: 15 (k) The attorney general, in consultation with the commissioner of public 16 safety, shall 17 (1) develop a tool to track felony sex offenses reported to the 18 Department of Public Safety by geographic location; the tracking tool must include a 19 means to record the reason a reported offense was not referred for prosecution or, if 20 referred, the reason the offense was not prosecuted and, if applicable, the reason a sex 21 offense charged as a felony resulted in a conviction of an offense other than a sex 22 offense under a plea agreement; 23 (2) develop regulations and procedures to implement the requirements 24 established under (1) of this subsection; and 25 (3) provide training for the implementation of the regulations and 26 procedures established under (2) of this subsection in each state department as 27 necessary. 28 * Sec. 59. AS 44.23.040 is amended by adding a new subsection to read: 29 (b) The Department of Law, in consultation with the Department of Public 30 Safety, shall gather and report data on felony sex offenses to the Alaska Judicial 31 Council. The data must include 01 (1) the number of felony sex offenses reported to the Department of 02 Public Safety that were not referred for prosecution; 03 (2) the number of felony sex offenses referred for prosecution that 04 were not prosecuted; 05 (3) the number of felony sex offenses that resulted in a conviction for a 06 crime other than a sex offense; and 07 (4) the number of sex offenses referred for prosecution that were 08 charged as a felony and, under a plea agreement, resulted in a conviction for a crime 09 other than a sex offense; and 10 (5) the number of crime victims that participated in the prosecution of 11 and court process relating to the offense in which the person was a victim. 12  * Sec. 60. AS 44.41 is amended by adding a new section to read: 13 Sec. 44.41.065. Sexual assault examination kits. (a) When a law enforcement 14 agency collects a sexual assault examination kit under AS 18.68.010, the agency shall 15 (1) within 30 days after the agency collects the sexual assault 16 examination kit, send the sexual assault examination kit to an accredited laboratory in 17 coordination with the Department of Public Safety or a laboratory operated by the 18 Department of Public Safety; 19 (2) ensure that the laboratory to which the sexual assault examination 20 kit is sent under (1) of this subsection conducts a serological or DNA test on the 21 sexual assault examination kit within one year after the laboratory receives the sexual 22 assault examination kit; and 23 (3) within two weeks after the laboratory that receives the sexual 24 assault examination kit under (1) of this subsection completes serological or DNA 25 testing, make a reasonable effort to notify the victim from whom the sexual assault 26 examination kit was collected that the sexual assault examination kit has been tested. 27 (b) A criminal action may not be dismissed nor the evidence deemed 28 nonadmissible for failure to be tested within the times established in (a)(1) and (2) of 29 this section. 30 (c) If a case is resolved before a sexual assault examination kit is tested, a law 31 enforcement agency is not required to meet the time limits established in (a) of this 01 section. 02 (d) In this section, 03 (1) "law enforcement agency" or "agency" has the meaning given to 04 "law enforcement agency" in AS 12.36.090; 05 (2) "victim" has the meaning given in AS 11.41.470. 06  * Sec. 61. AS 44.41.070(a) is amended to read: 07 (a) By September 1 of each year, each law enforcement agency and state 08 department charged with the maintenance, storage, and preservation of sexual assault 09 examination kits shall conduct an inventory of untested sexual assault examination kits 10 and report, in writing, to the Department of Public Safety the number of untested 11 sexual assault examination kits in the possession of the agency or department, the  12 number of sexual assault examination kits that the law enforcement agency or  13 state department has determined is ineligible for testing under (e) of this section,  14 with the reason or reasons the untested sexual assault examination kits were  15 determined to be ineligible for testing, and the date on which each untested sexual 16 assault examination kit was collected. 17  * Sec. 62. AS 44.41.070(b) is amended to read: 18 (b) By November 1 of each year, the Department of Public Safety shall 19 prepare and transmit a report to the president of the senate and the speaker of the 20 house of representatives that contains 21 (1) the number of untested sexual assault examination kits stored by 22 each law enforcement agency or department and the number of sexual assault  23 examination kits that the law enforcement agency or state department has  24 determined is ineligible for testing under (e) of this section, with the reason or  25 reasons the untested sexual assault examination kits were determined to be  26 ineligible for testing; 27 (2) the date each untested sexual assault examination kit was collected; 28 and 29 (3) a plan for addressing the backlog and prevention of a backlog of 30 untested sexual assault examination kits. 31  * Sec. 63. AS 44.41.070 is amended by adding a new subsection to read: 01 (e) A sexual assault examination kit is ineligible for testing if the law 02 enforcement agency or state department finds that the sexual assault examination kit  03 (1) is scientifically unviable; 04 (2) does not meet eligibility requirements for inclusion in the 05 Combined DNA Index System database; or 06 (3) was collected from a person who wishes to remain anonymous.  07  * Sec. 64. AS 47.12.315(a) is amended to read: 08 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 09 section, the department shall disclose information to the public, on request, concerning 10 a minor subject to this chapter who was at least 13 years of age at the time of 11 commission of 12 (1) a felony offense against a person under AS 11.41; 13 (2) arson in the first or second degree; 14 (3) burglary in the first degree; 15 (4) distribution of child pornography; 16 (5) sex trafficking in the first degree; 17 (6) misconduct involving a controlled substance in the first, [OR] 18 second, or third degrees involving distribution or possession with intent to deliver; or 19 (7) misconduct involving weapons in the first through fourth degrees. 20  * Sec. 65. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 DIRECT COURT RULE AMENDMENT. Rule 6(r)(6), Alaska Rules of 23 Criminal Procedure, is amended to read: 24 (6) When a prior conviction is an element of an offense [IN A 25 PROSECUTION FOR DRIVING WHILE INTOXICATED UNDER AS 28.35.030(n) 26 OR FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST UNDER 27 AS 28.35.032(p)], hearsay evidence received through the Alaska Public Safety 28 Information Network or from other government agencies of prior convictions [OF 29 DRIVING WHILE INTOXICATED OR REFUSAL TO SUBMIT TO A CHEMICAL 30 TEST] may be presented to the grand jury. 31  * Sec. 66. AS 11.46.980(d), 11.46.982; and AS 12.55.135(l) are repealed. 01  * Sec. 67. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. (a) The following sections apply to offenses committed on or after 04 the effective date of those sections: 05 (1) AS 11.41.110(a), as amended by sec. 1 of this Act; 06 (2) AS 11.41.150(a), as amended by sec. 2 of this Act; 07 (3) AS 11.41.432(a), as amended by sec. 3 of this Act; 08 (4) AS 11.41.452(a), as amended by sec. 4 of this Act; 09 (5) AS 11.41.452(d), as amended by sec. 5 of this Act; 10 (6) AS 11.41.452(e), as amended by sec. 6 of this Act; 11 (7) AS 11.46.130(a), as amended by sec. 7 of this Act; 12 (8) AS 11.46.140(a), as amended by sec. 8 of this Act; 13 (9) AS 11.46.150(a), as amended by sec. 9 of this Act; 14 (10) AS 11.46.220(c), as amended by sec. 10 of this Act; 15 (11) AS 11.46.260(b), as amended by sec. 11 of this Act; 16 (12) AS 11.46.270(b), as amended by sec. 12 of this Act; 17 (13) AS 11.46.280(d), as amended by sec. 13 of this Act; 18 (14) AS 11.46.285, as amended by sec. 14 of this Act; 19 (15) AS 11.46.295, as amended by sec. 15 of this Act; 20 (16) AS 11.46.360(a), as amended by sec. 16 of this Act; 21 (17) AS 11.46.370, enacted by sec. 17 of this Act; 22 (18) AS 11.46.482(a), as amended by sec. 18 of this Act; 23 (19) AS 11.46.484(a), as amended by sec. 19 of this Act; 24 (20) AS 11.46.486(a), as amended by sec. 20 of this Act; 25 (21) AS 11.46.530(b), as amended by sec. 21 of this Act; 26 (22) AS 11.46.620(d), as amended by sec. 22 of this Act; 27 (23) AS 11.46.730(c), as amended by sec. 23 of this Act; 28 (24) AS 11.46.980(e), enacted by sec. 24 of this Act; 29 (25) AS 11.56.810(a), as amended by sec. 25 of this Act; 30 (26) AS 11.61.120(a), as amended by sec. 26 of this Act; 31 (27) AS 11.71.025, enacted by sec. 27 of this Act; 01 (28) AS 11.71.030(a), as amended by sec. 28 of this Act; 02 (29) AS 11.71.030(d), as amended by sec. 29 of this Act; 03 (30) AS 11.71.040(a), as amended by sec. 30 of this Act; 04 (31) AS 11.71.040(d), as amended by sec. 31 of this Act; 05 (32) AS 11.71.050, as amended by sec. 32 of this Act; 06 (33) AS 11.71.060, as amended by sec. 33 of this Act; 07 (34) AS 11.71.311(a), as amended by sec. 34 of this Act; 08 (35) AS 12.55.015(l); enacted by sec. 35 of this Act; 09 (36) AS 28.35.030(o), as amended by sec. 52 of this Act; 10 (37) AS 28.35.032(q), as amended by sec. 54 of this Act. 11 (b) The following sections apply to sentences imposed on or after the effective date of 12 those sections for conduct occurring on or after the effective date of those sections: 13 (1) AS 12.55.027(i), enacted by sec. 36 of this Act; 14 (2) AS 12.55.125(d), as amended by sec. 37 of this Act; 15 (3) AS 12.55.135(a), as amended by sec. 39 of this Act; 16 (4) AS 12.55.135(b), as amended by sec. 40 of this Act; 17 (5) AS 12.55.135(n), as amended by sec. 41 of this Act; 18 (6) AS 28.35.030(k), as amended by sec. 51 of this Act; 19 (7) AS 28.35.032(o), as amended by sec. 53 of this Act. 20 (c) The following sections apply to the duty to register as a sex offender for offenses 21 committed on or after the effective date of those sections: 22 (1) AS 12.63.010(d), as amended by sec. 45 of this Act; 23 (2) AS 12.63.010(g), enacted by sec. 46 of this Act; 24 (3) AS 12.63.020, as amended by sec. 47 of this Act; 25 (4) AS 12.63.100(6), as amended by sec. 48 of this Act. 26  * Sec. 68. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 REPORT TO LEGISLATURE; COMMISSIONER OF CORRECTIONS. On or 29 before January 10, 2020, the commissioner of corrections shall provide a report to the 30 legislature as described under AS 33.30.011(a)(12), enacted by sec. 55 of this Act. The 31 commissioner shall submit the report to the senate secretary and chief clerk of the house of 01 representatives and notify the legislature that the report is available. 02  * Sec. 69. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 CONDITIONAL EFFECT. Section 65 of this Act takes effect only if sec. 65 of this 05 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 06 Constitution of the State of Alaska. 07  * Sec. 70. This Act takes effect July 1, 2019.