CSHB 64(JUD): "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; prohibiting the suspension of imposition of sentence of a person convicted of stalking; relating to the crime of assault in the third degree; extending the maximum period of probation after conviction for a crime; and providing for an effective date."
00CS FOR HOUSE BILL NO. 64(JUD) 01 "An Act creating the crimes of stalking in the first and second degrees and 02 providing penalties for their violation; providing a peace officer with the authority 03 to arrest without a warrant a person the peace officer has reasonable cause to 04 believe has committed stalking; relating to the release before trial of a person 05 accused of stalking; prohibiting the suspension of imposition of sentence of a 06 person convicted of stalking; relating to the crime of assault in the third degree; 07 extending the maximum period of probation after conviction for a crime; and 08 providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 11.41 is amended by adding new sections to article 2 to read: 11 Sec. 11.41.260. STALKING IN THE FIRST DEGREE. (a) A person commits 12 the crime of stalking in the first degree if the person violates AS 11.41.270 and 13 (1) the actions constituting the offense are in violation of an order 14 issued under AS 25.35.010(b) or 25.35.020;
01 (2) the actions constituting the offense are in violation of a condition 02 of probation, release before trial, release after conviction, or parole; 03 (3) the victim is under 16 years of age; 04 (4) at any time during the course of conduct constituting the offense 05 the defendant possessed a deadly weapon; 06 (5) the defendant has been previously convicted of a crime under this 07 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 08 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 09 AS 11.56.740; or 10 (6) the defendant has been previously convicted of (A) a crime, or an 11 attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 12 11.41.460, AS 11.56.810, AS 11.61.120, or (B) a law or an ordinance of this or 13 another jurisdiction with elements similar to a crime, or an attempt or solicitation to 14 commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, 15 AS 11.56.810, or AS 11.61.120, involving the same victim as the present offense. 16 (b) In this section, "course of conduct" and "victim" have the meanings given 17 in AS 11.41.270(b). 18 (c) Stalking in the first degree is a class C felony. 19 Sec. 11.41.270. STALKING IN THE SECOND DEGREE. (a) A person 20 commits the crime of stalking in the second degree if the person knowingly engages 21 in a course of conduct that recklessly places another person in fear of death or physical 22 injury, or in fear of the death or physical injury of a family member. 23 (b) In this section, 24 (1) "course of conduct" means repeated acts of nonconsensual contact 25 involving the victim or a family member; 26 (2) "family member" means a 27 (A) spouse, child, grandchild, parent, grandparent, sibling, uncle, 28 aunt, nephew, or niece, of the victim, whether related by blood, marriage, or 29 adoption; 30 (B) person who lives, or has previously lived, in a spousal 31 relationship with the victim;
01 (C) person who lives in the same household as the victim; or 02 (D) person who is a former spouse of the victim or is or has 03 been in a dating, courtship, or engagement relationship with the victim; 04 (3) "nonconsensual contact" means any contact with another person that 05 is initiated or continued without that person's consent, that is beyond the scope of the 06 consent provided by that person, or that is in disregard of that person's expressed 07 desire that the contact be avoided or discontinued; "nonconsensual contact" includes 08 (A) following or appearing within the sight of that person; 09 (B) approaching or confronting that person in a public place or 10 on private property; 11 (C) appearing at the workplace or residence of that person; 12 (D) entering onto or remaining on property owned, leased, or 13 occupied by that person; 14 (E) contacting that person by telephone; 15 (F) sending mail or electronic communications to that person; 16 (G) placing an object on, or delivering an object to, property 17 owned, leased, or occupied by that person; 18 (4) "victim" means a person who is the target of a course of conduct. 19 (c) Stalking in the second degree is a class A misdemeanor. 20 * Sec. 2. AS 11.41.220(a) is amended to read: 21 (a) A person commits the crime of assault in the third degree if that person 22 (1) recklessly 23 (A) [(1)] places another person in fear of imminent serious 24 physical injury by means of a dangerous instrument; 25 (B) [(2)] causes physical injury to another person by means of 26 a dangerous instrument; or 27 (C) [(3)] while being 18 years of age or older 28 (i) [(A)] causes physical injury to a child under 10 years 29 of age and the injury reasonably requires medical treatment; 30 (ii) [(B)] causes physical injury to a child under 10 years 31 of age on more than one occasion; or
01 (2) with intent to place another person in fear of death or serious 02 physical injury to the person or the person's family member makes repeated 03 threats to cause death or serious physical injury to another person. 04 * Sec. 3. AS 11.41.220 is amended by adding a new subsection to read: 05 (c) In this section, "the person's family member" means 06 (1) a spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, 07 nephew, or niece, of the person, whether related by blood, marriage, or adoption; 08 (2) a person who lives or has lived, in a spousal relationship with the 09 person; 10 (3) a person who lives in the same household as the person; or 11 (4) a person who is a former spouse of the person or is or has been in 12 a dating, courtship, or engagement relationship with the person. 13 * Sec. 4. AS 11.56.810(a) is amended to read: 14 (a) A person commits the crime of terroristic threatening if the person 15 [(1)] knowingly makes a false report that a circumstance dangerous to 16 human life exists or is about to exist and 17 (1) [(A)] places a person in fear of physical injury to any 18 person; 19 (2) [(B)] causes evacuation of a building; or 20 (3) [(C)] causes serious public inconvenience [; OR 21 (2) WITH INTENT TO PLACE ANOTHER PERSON IN FEAR OF 22 DEATH OR SERIOUS PHYSICAL INJURY TO THE PERSON OR THE PERSON'S 23 IMMEDIATE FAMILY, MAKES REPEATED THREATS TO CAUSE DEATH OR 24 SERIOUS PHYSICAL INJURY TO ANOTHER PERSON]. 25 * Sec. 5. AS 12.25.030(b) is amended to read: 26 (b) In addition to the authority granted under (a) of this section, a peace officer 27 without a warrant may arrest a person when the peace officer has reasonable cause for 28 believing that the person has committed a crime under 29 (1) AS 11.41.270 or AS 11.56.740; or 30 (2) AS 11.41, AS 11.46.330, or AS 11.61.120, or has violated an 31 ordinance with elements substantially similar to the elements of a crime under
01 AS 11.41, AS 11.46.330, or AS 11.61.120, when the victim is a spouse or former 02 spouse of the person who committed the crime; a parent, grandparent, child, or 03 grandchild of the person who committed the crime; a member of the social unit 04 comprised of those living together in the same dwelling as the person who committed 05 the crime; or another person who is not a spouse or former spouse of the person who 06 committed the crime but who previously lived in a spousal relationship with the person 07 who committed the crime or is in or has been in a dating, courtship, or engagement 08 relationship with the person who committed the crime. 09 * Sec. 6. AS 12.30.025 is amended to read: 10 Sec. 12.30.025. RELEASE BEFORE TRIAL IN CASES INVOLVING 11 DOMESTIC VIOLENCE OR STALKING. (a) In determining the conditions of 12 release under AS 12.30.020 in cases involving domestic violence or stalking, the court 13 shall consider the following conditions and impose one or more conditions it considers 14 reasonably necessary to protect the alleged victim of the domestic violence or 15 stalking, including ordering the defendant 16 (1) not to subject the victim to further domestic violence or stalking; 17 (2) to vacate the home of the victim; 18 (3) not to contact the victim other than through counsel; 19 (4) to engage in counseling; if the court directs the defendant to engage 20 in personal counseling, the court shall provide in the order that the counseling must 21 propose alternatives to aggression if that type of counseling is available; if the court 22 directs the defendant to participate in family counseling, it shall make a finding that 23 family counseling will not result in additional domestic violence or stalking; 24 (5) to refrain from the consumption of alcohol or the use of drugs. 25 (b) As used in this section, 26 (1) "domestic violence" means a crime specified in AS 11.41 when the 27 victim is a spouse or a former spouse of the defendant; a parent, grandparent, child, 28 or grandchild of the defendant; a member of the social unit comprised of those living 29 together in the same dwelling as the defendant; or a person who is not a spouse or 30 former spouse of the defendant but who previously lived in a spousal relationship with 31 the defendant or is in or has been in a dating, courtship, or engagement relationship
01 with the defendant; 02 (2) "stalking" means a violation of AS 11.41.260 or 11.41.270. 03 * Sec. 7. AS 12.55.085(f) is amended to read: 04 (f) The court may not suspend the imposition of sentence of a person who 05 (1) is convicted of a violation of AS 11.41.410 - 11.41.455; 06 (2) uses a firearm in the commission of the offense for which the 07 person is convicted; or 08 (3) is convicted of a violation of AS 11.41.210 - 11.41.270 09 [AS 11.41.210 - 11.41.250] or 11.41.510 - 11.41.530, and the person has, within the 10 10 years preceding the commission of the offense for which the person has been 11 convicted, one or more prior convictions for a violation of AS 11.41 or for a violation 12 of a law in this or another jurisdiction having substantially similar elements to an 13 offense defined in AS 11.41; for the purposes of this paragraph, a person shall be 14 considered to have a prior conviction even if that conviction has been set aside under 15 (e) of this section or under the equivalent provision of the laws of another jurisdiction. 16 * Sec. 8. AS 12.55.090(c) is amended to read: 17 (c) The period of probation, together with any extension, may [SHALL] not 18 exceed 10 [FIVE] years. 19 * Sec. 9. APPLICABILITY. AS 11.41.260 and 11.41.270, enacted by sec. 1 of this Act, 20 apply to acts committed on or after the effective date of this Act. However, to the extent a 21 previous conviction is an element of the offense under AS 11.41.260, that previous conviction 22 may have occurred before, on, or after the effective date of this Act. 23 * Sec. 10. APPLICABILITY. AS 12.55.090(c), as amended by sec. 8 of this Act, does not 24 apply in the case of a conviction for a criminal act committed before the effective date of this 25 Act. 26 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).