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CSSB 218(JUD): "An Act relating to sex offenders; relating to reporting of sex offenders and child kidnappers; relating to periodic polygraph examinations for sex offenders released on probation or parole; relating to sexual abuse of a minor; relating to sentencing for sex offenders and habitual criminals; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 218(JUD)                                                                   
01 "An Act relating to sex offenders; relating to reporting of sex offenders and child                                     
02 kidnappers; relating to periodic polygraph examinations for sex offenders released on                                   
03 probation or parole; relating to sexual abuse of a minor; relating to sentencing for sex                                
04 offenders and habitual criminals; and providing for an effective date."                                                 
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 11.41.436(a) is amended to read:                                                                   
07            (a)  An offender commits the crime of sexual abuse of a minor in the second                                  
08       degree if,                                                                                                    
09                 (1)  being 16 years of age or older, the offender engages in sexual                                     
10       penetration with a person who is 13, 14, or 15 years of age and at least three years                              
11       younger than the offender, or aids, induces, causes, or encourages a person who is 13,                        
12       14, or 15 years of age and at least three years younger than the offender to engage in                            
13       sexual penetration with another person;                                                                           
14                 (2)  being 16 years of age or older, the offender engages in sexual                                     
01       contact with a person who is under 13 years of age or aids, induces, causes, or                                   
02       encourages a person under 13 years of age to engage in sexual contact with another                                
03       person;                                                                                                           
04                 (3)  being 18 years of age or older, the offender engages in sexual                                     
05       contact with a person who is under 18 years of age, and the offender is the victim's                              
06       natural parent, stepparent, adopted parent, or legal guardian;                                                    
07                 (4)  being 16 years of age or older, the offender aids, induces, causes,                                
08       or encourages a person who is under 16 years of age to engage in conduct described in                             
09       AS 11.41.455(a)(2) - (6); [OR]                                                                                    
10                 (5)  being 18 years of age or older, the offender engages in sexual                                     
11       contact with a person who is under 16 years of age, and                                                           
12                      (A)  the victim at the time of the offense is residing in the same                                 
13            household as the offender and the offender has authority over the victim; or                                 
14                      (B)  the offender occupies a position of authority in relation to                                  
15            the victim;                                                                                              
16                 (6)  being 18 years of age or older, the offender engages in sexual                                 
17       penetration with a person who is 16 or 17 years of age and at least three years                               
18       younger than the offender, and the offender occupies a position of authority in                               
19       relation to the victim; or                                                                                    
20                 (7)  being under 16 years of age, the offender engages in sexual                                    
21       penetration with a person who is under 13 years of age and at least three years                               
22       younger than the offender.                                                                                    
23    * Sec. 2. AS 11.56 is amended by adding a new section to read:                                                     
24            Sec. 11.56.767. Failure to report sex offender or child kidnapper. (a) A                                   
25       person commits the crime of failure to report a sex offender or child kidnapper if the                            
26       person                                                                                                            
27                 (1)  recklessly disregards the fact that a sex offender or child kidnapper                              
28       has not complied with the requirements of AS 11.56.840; and                                                       
29                 (2)  knowingly fails to report the location of that sex offender or child                               
30       kidnapper to the Department of Public Safety.                                                                     
31            (b)  Failure to report a sex offender or child kidnapper is a class C felony.                                
01    * Sec. 3. AS 12.55.100 is amended by adding a new subsection to read:                                              
02            (e)  While on probation and as a condition of probation for a sex offense, the                               
03       defendant shall be required to submit to regular periodic polygraph examinations. In                              
04       this subsection, "sex offense" has the meaning given in AS 12.63.100.                                             
05    * Sec. 4. AS 12.55.125(i) is amended to read:                                                                      
06            (i)  A defendant convicted of                                                                                
07                 (1)  sexual assault in the first degree or sexual abuse of a minor in the                               
08       first degree may be sentenced to a definite term of imprisonment of not more than 99                              
09       years and shall be sentenced to a definite term within the following presumptive                                  
10       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
11                      (A)  if the offense is a first felony conviction, [AND] does not                               
12            involve circumstances described in (B) of this paragraph, and the victim was                             
13                           (i)  less than 13 years of age, 25 to 30 years;                                           
14                           (ii)  13 years of age or older, 20 to 30 [EIGHT TO 12]                                    
15                 years;                                                                                                  
16                      (B)  if the offense is a first felony conviction and the defendant                                 
17            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
18            injury during the commission of the offense, 25 to 35 [12 TO 16] years;                                  
19                      (C)  if the offense is a second felony conviction and does not                                     
20            involve circumstances described in (D) of this paragraph, 30 to 40 [15 TO 20]                            
21            years;                                                                                                       
22                      (D)  if the offense is a second felony conviction and the                                          
23            defendant has a prior conviction for a sexual felony, 35 to 45 [20 TO 30]                                
24            years;                                                                                                       
25                      (E)  if the offense is a third felony conviction and the defendant                                 
26            is not subject to sentencing under (F) of this paragraph or (l) of this section, 40                      
27            to 60 [25 TO 35] years;                                                                                  
28                      (F)  if the offense is a third felony conviction, the defendant is                                 
29            not subject to sentencing under (l) of this section, and the defendant has two                               
30            prior convictions for sexual felonies, 99 [30 TO 40] years;                                              
31                 (2)  attempt, conspiracy, or solicitation to commit sexual assault in the                               
01       first degree or sexual abuse of a minor in the first degree may be sentenced to a                                 
02       definite term of imprisonment of not more than 99 [30] years and shall be sentenced to                        
03       a definite term within the following presumptive ranges, subject to adjustment as                                 
04       provided in AS 12.55.155 - 12.55.175:                                                                             
05                      (A)  if the offense is a first felony conviction, [AND] does not                               
06            involve circumstances described in (B) of this paragraph, and the victim was                             
07                           (i)  under 13 years of age, 20 to 25 years;                                               
08                           (ii)  13 years of age or older, 15 to 25 [FIVE TO                                         
09                 EIGHT] years;                                                                                           
10                      (B)  if the offense is a first felony conviction, and the defendant                                
11            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
12            injury during the commission of the offense, 25 to 35 [10 TO 14] years;                                  
13                      (C)  if the offense is a second felony conviction and does not                                     
14            involve circumstances described in (D) of this paragraph, 25 to 35 [12 TO 16]                            
15            years;                                                                                                       
16                      (D)  if the offense is a second felony conviction and the                                          
17            defendant has a prior conviction for a sexual felony, 30 to 40 [15 TO 20]                                
18            years;                                                                                                       
19                      (E)  if the offense is a third felony conviction, does not involve                                 
20            circumstances described in (F) of this paragraph, and the defendant is not                                   
21            subject to sentencing under (l) of this section, 35 to 50 [15 TO 25] years;                              
22                      (F)  if the offense is a third felony conviction, the defendant is                                 
23            not subject to sentencing under (l) of this section, and the defendant has two                               
24            prior convictions for sexual felonies, 99 [20 TO 30] years;                                              
25                 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                
26       second degree, unlawful exploitation of a minor, or distribution of child pornography                             
27       may be sentenced to a definite term of imprisonment of not more than 99 [20] years                            
28       and shall be sentenced to a definite term within the following presumptive ranges,                                
29       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
30                      (A)  if the offense is a first felony conviction, 10 to 15 [TWO                                
31            TO FOUR] years;                                                                                              
01                      (B)  if the offense is a second felony conviction and does not                                     
02            involve circumstances described in (C) of this paragraph, 10 to 25 [FIVE TO                              
03            EIGHT] years;                                                                                                
04                      (C)  if the offense is a second felony conviction and the                                          
05            defendant has a prior conviction for a sexual felony, 15 to 30 [10 TO 14]                                
06            years;                                                                                                       
07                      (D)  if the offense is a third felony conviction and does not                                      
08            involve circumstances described in (E) of this paragraph, 20 to 35 [10 TO 14]                            
09            years;                                                                                                       
10                      (E)  if the offense is a third felony conviction and the defendant                                 
11            has two prior convictions for sexual felonies, 99 [15 TO 20] years;                                      
12                 (4)  sexual assault in the third degree, incest, indecent exposure in the                               
13       first degree, possession of child pornography, or attempt, conspiracy, or solicitation to                         
14       commit sexual assault in the second degree, sexual abuse of a minor in the second                                 
15       degree, unlawful exploitation of a minor, or distribution of child pornography, may be                            
16       sentenced to a definite term of imprisonment of not more than 99 [10] years and shall                         
17       be sentenced to a definite term within the following presumptive ranges, subject to                               
18       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
19                      (A)  if the offense is a first felony conviction, three to 12 [ONE                             
20            TO TWO] years;                                                                                               
21                      (B)  if the offense is a second felony conviction and does not                                     
22            involve circumstances described in (C) of this paragraph, eight to 15 [TWO                               
23            TO FIVE] years;                                                                                              
24                      (C)  if the offense is a second felony conviction and the                                          
25            defendant has a prior conviction for a sexual felony, 12 to 20 [THREE TO                                 
26            SIX] years;                                                                                                  
27                      (D)  if the offense is a third felony conviction and does not                                      
28            involve circumstances described in (E) of this paragraph, 15 to 25 [THREE TO                             
29            SIX] years;                                                                                                  
30                      (E)  if the offense is a third felony conviction and the defendant                                 
31            has two prior convictions for sexual felonies, 99 [SIX TO 10] years.                                     
01    * Sec. 5. AS 12.55.125(j) is amended to read:                                                                      
02            (j)  A defendant sentenced to a (1) mandatory term of imprisonment of 99                                     
03       years under (a) of this section may apply once for a modification or reduction of                                 
04       sentence under the Alaska Rules of Criminal Procedure after serving one-half of the                               
05       mandatory term without consideration of good time earned under AS 33.20.010, or (2)                               
06       definite term of imprisonment under (l) of this section may apply once for a                                      
07       modification or reduction of sentence under the Alaska Rules of Criminal Procedure                                
08       after serving [THE GREATER OF (A)] one-half of the definite term [OR (B) 30                                       
09       YEARS]. A defendant may not file and a court may not entertain more than one                                      
10       motion for modification or reduction of a sentence subject to this subsection,                                    
11       regardless of whether or not the court granted or denied a previous motion.                                       
12    * Sec. 6. AS 12.55.125(l) is amended to read:                                                                      
13            (l)  Notwithstanding any other provision of law, a defendant convicted of an                                 
14       unclassified or class A felony offense, and not subject to a mandatory 99-year                                    
15       sentence under (a) of this section, shall be sentenced to a definite term of                                      
16       imprisonment of [AT LEAST 40 YEARS BUT NOT MORE THAN] 99 years when                                               
17       the defendant has been previously convicted of two or more most serious felonies                                  
18       [AND THE PROSECUTING ATTORNEY HAS FILED A NOTICE OF INTENT TO                                                     
19       SEEK A DEFINITE SENTENCE UNDER THIS SUBSECTION AT THE TIME                                                        
20       THE DEFENDANT WAS ARRAIGNED IN SUPERIOR COURT]. If a defendant is                                                 
21       sentenced to a definite term under this subsection,                                                               
22                 (1)  imprisonment for the prescribed definite term may not be                                           
23       suspended under AS 12.55.080;                                                                                     
24                 (2)  imposition of sentence may not be suspended under AS 12.55.085;                                    
25                 (3)  imprisonment for the prescribed definite term may not be reduced,                                  
26       except as provided in (j) of this section.                                                                        
27    * Sec. 7. AS 12.55.125 is amended by adding a new subsection to read:                                              
28            (o)  In addition to the sentence imposed under (i) of this section on a defendant                            
29       convicted of a sexual offense, the court shall impose a period of probation of (1) 10                             
30       years if the defendant was convicted of an unclassified or class A felony, or (2) five                            
31       years if the defendant was convicted of a class B or class C felony. The period of                                
01       probation is in addition to any sentence received under (i) of this section and may not                           
02       be suspended or reduced. Upon a defendant's release from confinement in a                                         
03       correctional facility, the defendant is subject to this probation requirement and shall                           
04       submit and comply with the terms and requirements of the probation.                                               
05    * Sec. 8. AS 33.16.150(a) is amended to read:                                                                      
06            (a)  As a condition of parole, a prisoner released on special medical,                                       
07       discretionary, or mandatory parole                                                                                
08                 (1)  shall obey all state, federal, or local laws or ordinances, and any                                
09       court orders applicable to the parolee;                                                                           
10                 (2)  shall make diligent efforts to maintain steady employment or meet                                  
11       family obligations;                                                                                               
12                 (3)  shall, if involved in education, counseling, training, or treatment,                               
13       continue in the program unless granted permission from the parole officer assigned to                             
14       the parolee to discontinue the program;                                                                           
15                 (4)  shall report                                                                                       
16                      (A)  upon release to the parole officer assigned to the parolee;                                   
17                      (B)  at other times, and in the manner, prescribed by the board                                    
18            or the parole officer assigned to the parolee;                                                               
19                 (5)  shall reside at a stated place and not change that residence without                               
20       notifying, and receiving permission from, the parole officer assigned to the parolee;                             
21                 (6)  shall remain within stated geographic limits unless written                                        
22       permission to depart from the stated limits is granted the parolee;                                               
23                 (7)  may not use, possess, handle, purchase, give, distribute, or                                       
24       administer a controlled substance as defined in AS 11.71.900 or under federal law or a                            
25       drug for which a prescription is required under state or federal law without a                                    
26       prescription from a licensed medical professional to the parolee;                                                 
27                 (8)  may not possess or control a firearm; in this paragraph, "firearm"                                 
28       has the meaning given in AS 11.81.900;                                                                            
29                 (9)  may not enter into an agreement or other arrangement with a law                                    
30       enforcement agency or officer that will place the parolee in the position of violating a                          
31       law or parole condition without the prior approval of the board;                                                  
01                 (10)  may not contact or correspond with anyone confined in a                                           
02       correctional facility of any type serving any term of imprisonment or a felon without                             
03       the permission of the parole officer assigned to a parolee;                                                       
04                 (11)  shall agree to waive extradition from any state or territory of the                               
05       United States and to not contest efforts to return the parolee to the state;                                      
06                 (12)  shall provide a blood sample, an oral sample, or both, when                                       
07       requested by a health care professional acting on behalf of the state to provide the                              
08       sample or samples, or an oral sample when requested by a juvenile or adult                                        
09       correctional, probation, or parole officer, or a peace officer, if the prisoner is being                          
10       released after a conviction of an offense requiring the state to collect the sample or                            
11       samples for the deoxyribonucleic acid identification system under AS 44.41.035;                               
12                 (13)  from a conviction for a sex offense shall submit to regular                                   
13       periodic polygraph examinations; in this paragraph, "sex offense" has the                                     
14       meaning given in AS 12.63.100.                                                                                
15    * Sec. 9. AS 11.41.438(a)(2) and 11.41.438(a)(3) are repealed.                                                     
16    * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to                         
17 read:                                                                                                                   
18       APPLICABILITY. Sections 1, 2, 4 - 7, and 9 of this Act apply to offenses committed                                
19 on or after the effective date of this section. References to prior offenses or convictions in                          
20 secs. 4 and 6 of this Act include offenses committed before, on, or after the effective date of                         
21 this section.                                                                                                           
22    * Sec. 11. Sections 3 and 8 of this Act take effect July 1, 2007.                                                  
23    * Sec. 12. Except as provided in sec. 11 of this Act, this Act takes effect immediately under                      
24 AS 01.10.070(c).