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HB 148: "An Act relating to trafficking of persons."

00                             HOUSE BILL NO. 148                                                                          
01 "An Act relating to trafficking of persons."                                                                            
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 11.41 is amended by adding a new section to read:                                                 
04            Sec. 11.41.350.  Trafficking of persons.  (a)  A person commits the crime of                               
05       trafficking of persons if the person                                                                              
06                 (1)  recruits, harbors, transports, provides, or obtains by any means                                   
07       another person knowing that force, fraud, or coercion will be used to cause the person                            
08       to engage in forced labor, sexual conduct, or involuntary servitude; or                                           
09                 (2)  benefits financially or by receiving anything of value from                                        
10       participation in a venture under (1) of this subsection.                                                          
11            (b)  In this section,                                                                                        
12                 (1)  "forced labor or involuntary servitude" means a condition of                                       
13       servitude induced by means of                                                                                     
14                      (A)  any scheme, plan, or pattern of behavior intended to cause                                    
15            a person to believe that, if the person does not enter into or continue the                                  
01            servitude, such person or another person will suffer serious physical injury or                              
02            physical restraint; or                                                                                       
03                      (B)  the abuse or threatened abuse of the legal process;                                           
04                 (2)  "sexual conduct" has the meaning given in AS 11.66.150.                                            
05            (c)  Trafficking of person is an unclassified felony.                                                        
06    * Sec. 2.  AS 11.81.250(a) is amended to read:                                                                     
07            (a)  For purposes of sentencing under AS 12.55, all offenses defined in this                                 
08       title, except murder in the first and second degree, attempted murder in the first                                
09       degree, solicitation to commit murder in the first degree, conspiracy to commit murder                            
10       in the first degree, sexual assault in the first degree, sexual abuse of a minor in the first                     
11       degree, misconduct involving a controlled substance in the first degree, trafficking of                       
12       persons, and kidnapping, are classified on the basis of their seriousness, according to                       
13       the type of injury characteristically caused or risked by commission of the offense and                           
14       the culpability of the offender. Except for murder in the first and second degree,                                
15       attempted murder in the first degree, solicitation to commit murder in the first degree,                          
16       conspiracy to commit murder in the first degree, sexual assault in the first degree,                              
17       sexual abuse of a minor in the first degree, misconduct involving a controlled                                    
18       substance in the first degree, trafficking of persons, and kidnapping, the offenses in                        
19       this title are classified into the following categories:                                                          
20                 (1)  class A felonies, which characteristically involve conduct resulting                               
21       in serious physical injury or a substantial risk of serious physical injury to a person;                          
22                 (2)  class B felonies, which characteristically involve conduct resulting                               
23       in less severe violence against a person than class A felonies, aggravated offenses                               
24       against property interests, or aggravated offenses against public administration or                               
25       order;                                                                                                            
26                 (3)  class C felonies, which characteristically involve conduct serious                                 
27       enough to deserve felony classification but not serious enough to be classified as A or                           
28       B felonies;                                                                                                       
29                 (4)  class A misdemeanors, which characteristically involve less severe                                 
30       violence against a person, less serious offenses against property interests, less serious                         
31       offenses against public administration or order, or less serious offenses against public                          
01       health and decency than felonies;                                                                                 
02                 (5)  class B misdemeanors, which characteristically involve a minor                                     
03       risk of physical injury to a person, minor offenses against property interests, minor                             
04       offenses against public administration or order, or minor offenses against public health                          
05       and decency;                                                                                                      
06                 (6)  violations, which characteristically involve conduct inappropriate                                 
07       to an orderly society but which do not denote criminality in their commission.                                    
08    * Sec. 3.  AS 11.81.250(b) is amended to read:                                                                     
09            (b)  The classification of each felony defined in this title, except murder in the                           
10       first and second degree, attempted murder in the first degree, solicitation to commit                             
11       murder in the first degree, conspiracy to commit murder in the first degree, sexual                               
12       assault in the first degree, sexual abuse of a minor in the first degree, misconduct                              
13       involving a controlled substance in the first degree, trafficking of persons, and                             
14       kidnapping, is designated in the section defining it. A felony under Alaska law defined                           
15       outside this title for which no penalty is specifically provided is a class C felony.                             
16    * Sec. 4.  AS 12.55.125(b) is amended to read:                                                                     
17            (b)  A defendant convicted of attempted murder in the first degree, solicitation                             
18       to commit murder in the first degree, conspiracy to commit murder in the first degree,                            
19       kidnapping, trafficking of persons, or misconduct involving a controlled substance in                         
20       the first degree shall be sentenced to a definite term of imprisonment of at least five                           
21       years but not more than 99 years. A defendant convicted of murder in the second                                   
22       degree shall be sentenced to a definite term of imprisonment of at least 10 years but                             
23       not more than 99 years.  A defendant convicted of murder in the second degree shall                               
24       be sentenced to a definite term of imprisonment of at least 20 years but not more than                            
25       99 years when the defendant is convicted of the murder of a child under 16 years of                               
26       age and the court finds by clear and convincing evidence that the defendant (1) was a                             
27       natural parent, a stepparent, an adopted parent, a legal guardian, or a person occupying                          
28       a position of authority in relation to the child; or (2) caused the death of the child by                         
29       committing a crime against a person under AS 11.41.200 - 11.41.530. In this                                       
30       subsection, "legal guardian" and "position of authority" have the meanings given in                               
31       AS 11.41.470.                                                                                                     
01    * Sec. 5.  The uncodified law of the State of Alaska is amended by adding a new section to                         
02 read:                                                                                                                   
03       APPLICABILITY.  This Act applies to offenses committed on or after the effective                                  
04 date of this Act.