SCS CSHB 90(JUD): "An Act relating to the purchase of alcoholic beverages and to access to licensed premises; relating to civil liability for certain persons accessing licensed premises; requiring driver's licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole and relating to fees for the marked license or card; relating to the information contained on driver's licenses; requiring the surrender and cancellation of driver's licenses and identification cards under certain circumstances; relating to the reporting of certain crimes; relating to prostitution; relating to the DNA registration system; relating to credit toward service of a sentence of imprisonment; relating to violation of probation and parole conditions by sex offenders; relating to bail; relating to distribution of certain materials to minors; relating to time limitations for prosecution of certain crimes; relating to sex offender registration; relating to the maximum time for probation; relating to certain post-conviction relief applications; relating to good time; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 90(JUD) 01 "An Act relating to the purchase of alcoholic beverages and to access to licensed 02 premises; relating to civil liability for certain persons accessing licensed premises; 03 requiring driver's licenses and identification cards to be marked if a person is restricted 04 from consuming alcoholic beverages as a result of a conviction or condition of probation 05 or parole and relating to fees for the marked license or card; relating to the information 06 contained on driver's licenses; requiring the surrender and cancellation of driver's 07 licenses and identification cards under certain circumstances; relating to the reporting 08 of certain crimes; relating to prostitution; relating to the DNA registration system; 09 relating to credit toward service of a sentence of imprisonment; relating to violation of 10 probation and parole conditions by sex offenders; relating to bail; relating to 11 distribution of certain materials to minors; relating to time limitations for prosecution of 12 certain crimes; relating to sex offender registration; relating to the maximum time for
01 probation; relating to certain post-conviction relief applications; relating to good time; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 04.16 is amended by adding a new section to read: 05 Sec. 04.16.047. Access of persons with restriction on purchasing alcohol. 06 (a) A person who is restricted from purchasing alcohol under AS 04.16.160 may not 07 knowingly enter or remain in premises licensed under this title to obtain or consume 08 alcohol. 09 (b) A licensee may bring a civil action against a person who violates this 10 section if the violation occurs on the premises of that licensee. If judgment is entered 11 in favor of the licensee, the court shall award civil damages in the amount of $1,000 12 and award reasonable costs and reasonable attorney fees allowed under the Alaska 13 Rules of Civil Procedure. 14 (c) Nothing in this section or AS 04.16.160 creates a duty or imposes an 15 obligation on a licensee to physically check the identification of any person entering 16 licensed premises. 17 * Sec. 2. AS 04.16 is amended by adding a new section to read: 18 Sec. 04.16.160. Restriction on purchasing alcoholic beverages. (a) Except as 19 otherwise provided by law, a person who is 21 years of age or older may not purchase 20 alcoholic beverages if the person has been ordered to refrain from consuming 21 alcoholic beverages as part of a sentence for conviction of a crime under 22 AS 28.35.030, 28.35.032, or a similar municipal ordinance or as a condition of 23 probation or parole from a conviction under AS 28.35.030, 28.35.032, or a similar 24 municipal ordinance. The restriction on purchasing alcoholic beverages applies during 25 the period that the person is required to refrain from consuming alcoholic beverages 26 under the sentence or condition of probation or parole. 27 (b) A court imposing a restriction on a person under (a) of this section, and the 28 Department of Corrections, shall notify the person that an identification card issued 29 under AS 18.65.310 must list the restriction imposed for the period of the person's 30 probation or parole.
01 * Sec. 3. AS 04.21.050 is amended to read: 02 Sec. 04.21.050. Proof of age and of not being restricted from purchasing 03 alcoholic beverages. (a) If a licensee or an agent or employee of the licensee 04 questions or has reason to question whether a person entering licensed premises, or 05 ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to 06 procure alcoholic beverages, 07 (1) has attained the age of 21 years or is entering without consent in 08 violation of AS 04.16.049(a)(3) and has not attained the age of 16 years, that licensee, 09 agent, or employee shall require the person to furnish proof of age acceptable under 10 (b) of this section or proof of consent in a form determined by the board; if [. IF] the 11 person questioned does not furnish proof of age acceptable under (b) of this section, or 12 if a licensee, agent, or employee questions or has reason to question the validity of the 13 proof of age furnished, the licensee, employee, or agent shall require the person to sign 14 a statement that the person is over the age of 21 or 16 years, as appropriate; this [. 15 THIS] statement shall be made on a form prepared by and furnished to the licensee by 16 the board; 17 (2) is restricted from purchasing alcoholic beverages under 18 AS 04.16.160, the licensee, agent, or employee may, but has no duty or obligation 19 to, require the person to furnish proof acceptable under (b) of this section that 20 the person is not restricted from purchasing alcoholic beverages or require the 21 person to sign a statement that the person is not restricted from purchasing 22 alcoholic beverages under AS 04.16.160; this statement shall be made on a form 23 prepared by and furnished to the licensee by the board. 24 (b) Except as provided in AS 04.16.160, a [A] valid driver's license or a 25 valid identification card is acceptable as proof of age or that the person is not 26 restricted from purchasing alcoholic beverages when used for identification in the 27 purchase of alcoholic beverages and for securing entry to and remaining on premises 28 where alcoholic beverages are sold if the license or identification card is made of or 29 encased in plastic and contains a photograph of the licensee [LICENSE] or card holder 30 and a statement of age or date of birth. A licensee, agent, or employee may elect to 31 not accept a passport, military identification card, or other identification as proof
01 that the person is not restricted from purchasing alcoholic beverages and may 02 require the person to furnish a valid driver's license or state identification card 03 or otherwise furnish proof that the person is not a resident of this state. 04 (c) A licensee, or an agent or employee of the licensee, may not be charged for 05 a violation of AS 04.16.047 - 04.16.052 [AS 04.16.051 - 04.16.052] if a signed 06 statement as provided in (a) of this section is secured in good faith, or a valid driver's 07 license or identification card is presented indicating that the owner and possessor of 08 the presented driver's license or identification card is 21 or 16 years of age or over or 09 is not restricted from purchasing alcoholic beverages, as appropriate. 10 * Sec. 4. AS 11.56 is amended by adding a new section to read: 11 Sec. 11.56.759. Violation by sex offender of condition of probation or 12 parole. (a) A person commits the crime of violation by sex offender of condition of 13 probation or parole if the person 14 (1) is on probation or parole for conviction of a sex offense; 15 (2) has served the entire term of incarceration imposed for conviction 16 of the sex offense; and 17 (3) either 18 (A) violates a condition of probation imposed under 19 AS 12.55.100(a)(5), (a)(6), or (e), 12.55.101(a)(1), or any other condition 20 imposed by the court that the court finds to be specifically related to the 21 defendant's offense; or 22 (B) violates a condition of parole imposed under 23 AS 33.16.150(a)(3), (a)(4), (a)(6), (a)(13), (b)(4), (b)(11), or (f). 24 (b) In this section, "sex offense" has the meaning given in AS 12.63.100. 25 (c) Violation by sex offender of condition of probation or parole is a class A 26 misdemeanor. 27 * Sec. 5. AS 11.56.765(a) is amended to read: 28 (a) A person, other than the victim, commits the crime of failure to report a 29 violent crime [COMMITTED AGAINST A CHILD] if the person 30 (1) witnesses what the person knows or reasonably should know is 31 (A) the murder or attempted murder of a person [CHILD] by
01 another; 02 (B) the kidnapping or attempted kidnapping of a person 03 [CHILD] by another; 04 (C) the sexual penetration or attempted sexual penetration by 05 another 06 (i) of a person [CHILD] without consent of the person 07 [CHILD]; 08 (ii) of a person [CHILD] that is mentally incapable; 09 (iii) of a person [CHILD] that is incapacitated; or 10 (iv) of a person [CHILD] that is unaware that a sexual 11 act is being committed; or 12 (D) the assault of a person under 16 years of age [CHILD] by 13 another causing serious physical injury to the person [CHILD]; and 14 (2) [KNOWS OR REASONABLY SHOULD KNOW THAT THE 15 CHILD IS UNDER 16 YEARS OF AGE; AND 16 (3)] does not as soon as reasonably practicable [IN A TIMELY 17 MANNER] report that crime to a peace officer or law enforcement agency. 18 * Sec. 6. AS 11.56.765(b) is amended to read: 19 (b) In a prosecution under this section, it is an affirmative defense that the 20 defendant 21 (1) did not report in a timely manner because the defendant reasonably 22 believed that 23 (A) doing so would have exposed the defendant or others to a 24 substantial risk of physical injury; or 25 (B) effective assistance was already being provided by 26 another person; or 27 (2) acted to stop the commission of the crime and stopped 28 (A) the commission of the crime; or 29 (B) the completion of the crime being attempted. 30 * Sec. 7. AS 11.53.765(d) is amended to read: 31 (d) Failure to report a violent crime [COMMITTED AGAINST A CHILD] is
01 a 02 (1) class C felony if the crime not reported is an unclassified 03 felony; or 04 (2) class A misdemeanor if the crime not reported is other than an 05 unclassified felony. 06 * Sec. 8. AS 11.56.765 is amended by adding a new subsection to read: 07 (e) Nothing in this section requires a person to incriminate the person in 08 violation of the constitutional right against self-incrimination. 09 * Sec. 9. AS 11.56.765 is repealed and reenacted to read: 10 Sec. 11.56.765. Failure to report a violent crime committed against a child. 11 (a) A person, other than the victim, commits the crime of failure to report a violent 12 crime committed against a child if the person 13 (1) witnesses what the person knows or reasonably should know is 14 (A) the murder or attempted murder of a child by another; 15 (B) the kidnapping or attempted kidnapping of a child by 16 another; 17 (C) the sexual penetration or attempted sexual penetration by 18 another 19 (i) of a child without consent of the child; 20 (ii) of a child that is mentally incapable; 21 (iii) of a child that is incapacitated; or 22 (iv) of a child that is unaware that a sexual act is being 23 committed; or 24 (D) the assault of a child by another causing serious physical 25 injury to the child; 26 (2) knows or reasonably should know that the child is under 16 years 27 of age; and 28 (3) does not in a timely manner report that crime to a peace officer or 29 law enforcement agency. 30 (b) In a prosecution under this section, it is an affirmative defense that the 31 defendant
01 (1) did not report in a timely manner because the defendant reasonably 02 believed that doing so would have exposed the defendant or others to a substantial risk 03 of physical injury; or 04 (2) acted to stop the commission of the crime and stopped 05 (A) the commission of the crime; or 06 (B) the completion of the crime being attempted. 07 (c) In this section, 08 (1) "incapacitated" has the meaning given in AS 11.41.470; 09 (2) "mentally incapable" has the meaning given in AS 11.41.470; 10 (3) "sexual act" has the meaning given in AS 11.41.470; 11 (4) "without consent" has the meaning given in AS 11.41.470. 12 (d) Failure to report a violent crime committed against a child is a class A 13 misdemeanor. 14 * Sec. 10. AS 11.61.128(a) is amended to read: 15 (a) A person commits the crime of electronic distribution of indecent material 16 to minors if 17 (1) the person, being 18 years of age or older, knowingly distributes to 18 another person by computer any material that depicts the following actual or 19 simulated conduct: 20 (A) sexual penetration; 21 (B) the lewd touching of a person's genitals, anus, or female 22 breast; 23 (C) masturbation; 24 (D) bestiality; 25 (E) the lewd exhibition of a person's genitals, anus, or 26 female breast; or 27 (F) sexual masochism or sadism; [AN ACT DESCRIBED IN 28 AS 11.41.455(a)(1) - (7)] and 29 (2) either [1] 30 (A) the other person is a child under 16 years of age; or 31 (B) [(2)] the person believes that the other person is a child
01 under 16 years of age. 02 * Sec. 11. AS 11.61.129(a) is amended to read: 03 (a) Property used to aid a violation of AS 11.61.123 - 11.61.128 04 [AS 11.61.123 - 11.61.127] or to aid the solicitation of, attempt to commit, or 05 conspiracy to commit a violation of AS 11.61.123 - 11.61.128 [AS 11.61.123 - 06 11.61.127] may be forfeited to the state upon the conviction of the offender. 07 * Sec. 12. AS 11.66.100(a) is amended to read: 08 (a) A person commits the crime of prostitution if the person 09 (1) engages in or agrees or offers to engage in sexual conduct in return 10 for a fee; or 11 (2) offers a fee in return for sexual conduct. 12 * Sec. 13. AS 11.66.110(a) is amended to read: 13 (a) A person commits the crime of promoting prostitution in the first degree if 14 the person 15 (1) induces or causes a person to engage in prostitution through the use 16 of force; 17 (2) as other than a patron of a prostitute, induces or causes a person 18 under 18 [16] years of age to engage in prostitution; or 19 (3) induces or causes a person in that person's legal custody to engage 20 in prostitution. 21 * Sec. 14. AS 11.66.110(b) is amended to read: 22 (b) In a prosecution under (a)(2) of this section, it is not a defense that the 23 defendant reasonably believed that the person induced or caused to engage in 24 prostitution was 18 [16] years of age or older. 25 * Sec. 15. AS 11.66.110(c) is amended to read: 26 (c) Except as provided in (d) of this section, promoting prostitution in the first 27 degree is a class A [B] felony. 28 * Sec. 16. AS 11.66.110(d) is amended to read: 29 (d) A person convicted under (a)(2) of this section is guilty of an unclassified 30 [A CLASS A] felony. 31 * Sec. 17. AS 11.66.120(b) is amended to read:
01 (b) Promoting prostitution in the second degree is a class B [C] felony. 02 * Sec. 18. AS 11.66.130 is amended to read: 03 Sec. 11.66.130. Promoting prostitution in the third degree. (a) A person 04 commits the crime of promoting prostitution in the third degree if, with intent to 05 promote prostitution, the person 06 (1) manages, supervises, controls, or owns, either alone or in 07 association with others, a place of prostitution; 08 (2) as other than a patron of a prostitute, induces or causes a person 18 09 [16] years of age or older to engage in prostitution; 10 (3) as other than a prostitute receiving compensation for personally 11 rendered prostitution services, receives or agrees to receive money or other property 12 pursuant to an agreement or understanding that the money or other property is derived 13 from prostitution; or 14 (4) engages in conduct that institutes, aids, or facilitates a prostitution 15 enterprise. 16 (b) Promoting prostitution in the third degree is a class C felony [A 17 MISDEMEANOR]. 18 * Sec. 19. AS 11.66 is amended by adding a new section to read: 19 Sec. 11.66.135. Promoting prostitution in the fourth degree. (a) A person 20 commits the crime of promoting prostitution in the fourth degree if the person engages 21 in conduct that institutes, aids, or facilitates prostitution under circumstances not 22 proscribed under AS 11.66.130(a)(4). 23 (b) Promoting prostitution in the fourth degree is a class A misdemeanor. 24 * Sec. 20. AS 11.66 is amended by adding a new section to read: 25 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 26 received or derived from, a violation of AS 11.66.110 - 11.66.135 shall be forfeited. 27 * Sec. 21. AS 11.81.250(a) is amended to read: 28 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 29 title, except murder in the first and second degree, attempted murder in the first 30 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 31 in the first degree, murder of an unborn child, sexual assault in the first degree, sexual
01 abuse of a minor in the first degree, misconduct involving a controlled substance in the 02 first degree, promoting prostitution in the first degree under AS 11.66.110(a)(2), 03 and kidnapping, are classified on the basis of their seriousness, according to the type 04 of injury characteristically caused or risked by commission of the offense and the 05 culpability of the offender. Except for murder in the first and second degree, attempted 06 murder in the first degree, solicitation to commit murder in the first degree, conspiracy 07 to commit murder in the first degree, murder of an unborn child, sexual assault in the 08 first degree, sexual abuse of a minor in the first degree, misconduct involving a 09 controlled substance in the first degree, promoting prostitution in the first degree 10 under AS 11.66.110(a)(2), and kidnapping, the offenses in this title are classified into 11 the following categories: 12 (1) class A felonies, which characteristically involve conduct resulting 13 in serious physical injury or a substantial risk of serious physical injury to a person; 14 (2) class B felonies, which characteristically involve conduct resulting 15 in less severe violence against a person than class A felonies, aggravated offenses 16 against property interests, or aggravated offenses against public administration or 17 order; 18 (3) class C felonies, which characteristically involve conduct serious 19 enough to deserve felony classification but not serious enough to be classified as A or 20 B felonies; 21 (4) class A misdemeanors, which characteristically involve less severe 22 violence against a person, less serious offenses against property interests, less serious 23 offenses against public administration or order, or less serious offenses against public 24 health and decency than felonies; 25 (5) class B misdemeanors, which characteristically involve a minor 26 risk of physical injury to a person, minor offenses against property interests, minor 27 offenses against public administration or order, or minor offenses against public health 28 and decency; 29 (6) violations, which characteristically involve conduct inappropriate 30 to an orderly society but which do not denote criminality in their commission. 31 * Sec. 22. AS 12.10.010(a) is amended to read:
01 (a) Prosecution for the following offenses may be commenced at any time: 02 (1) murder; 03 (2) attempt, solicitation, or conspiracy to commit murder or 04 hindering the prosecution of murder; 05 (3) felony sexual abuse of a minor; 06 (4) [(3)] sexual assault that is an unclassified, class A, or class B 07 felony or a violation of AS 11.41.425(a)(2) or (3); 08 (5) [(4)] a violation of AS 11.41.425, 11.41.427, 11.41.450 - 09 11.41.458, AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed 10 against a person who, at the time of the offense, was under 18 years of age; 11 (6) kidnapping. 12 * Sec. 23. AS 12.30.020(j) is amended to read: 13 (j) If a person remains in custody after review of conditions by a judicial 14 officer under (f) of this section, a subsequent review of conditions may be held at the 15 request of the person. Unless the prosecuting authority stipulates otherwise or a 16 defendant has been incarcerated for a period equal to the maximum sentence for 17 the most serious charge for which the defendant is being held, a judicial officer 18 may not schedule a bail review hearing under this subsection unless 19 (1) the person provides to the court and the prosecuting authority a 20 written statement that new information not considered at the previous review will be 21 presented; the statement must include [AND INCLUDES] a description of the 22 [NEW] information and the reason the information was not presented at a 23 previous hearing; in this paragraph, "new information" does not include the 24 inability to post the required bail; 25 (2) the prosecuting authority has at least 48 hours' notice before the 26 time set for the review requested under this subsection; and 27 (3) at least seven days [48 HOURS] have elapsed between the 28 previous review and the time set for the review requested under this subsection. 29 * Sec. 24. AS 12.55 is amended by adding a new section to read: 30 Sec. 12.55.027. Credit for time spent toward service of a sentence of 31 imprisonment. (a) A court may grant a defendant credit toward a sentence of
01 imprisonment for time spent in a treatment program only as provided in this section. 02 (b) A court may grant a defendant one day of credit toward a sentence of 03 imprisonment for each full day the defendant resided in the facility of a treatment 04 program and observed the rules of the treatment program and the facility if 05 (1) the court finds that the treatment program meets the standards 06 described in (c) of this section; 07 (2) before the defendant entered the treatment program, the court 08 ordered the defendant to reside in the facility of the treatment program and participate 09 in the treatment program as a condition of bail release or a condition of probation; and 10 (3) the court has received a written report from the director of the 11 program that 12 (A) states that the defendant has participated in the treatment 13 plan prescribed for the defendant and has complied with the requirements of 14 the plan; and 15 (B) sets out the number of full days the defendant resided in the 16 facility of the treatment program and observed the rules of the treatment 17 program and facility. 18 (c) To qualify for credit against a sentence of imprisonment for time spent in a 19 treatment program, the treatment program and the facility of the treatment program 20 must impose substantial restrictions on a person's liberty that are equivalent to 21 incarceration, including the requirement that a participant in the program 22 (1) must live in a residential facility operated by the program; 23 (2) must be confined at all times to the grounds of the facility or be in 24 the physical custody of an employee of the facility, except for court appearances, 25 meetings with counsel, and work required by the treatment program and approved in 26 advance by the court; 27 (3) is subject to disciplinary sanctions by the program if the participant 28 violates rules of the program and facility; sanctions must be in writing and available 29 for court review; and 30 (4) is subject to immediate arrest, without warrant, if the participant 31 leaves the facility without permission.
01 (d) A court may not grant credit against a sentence of imprisonment for time 02 spent in a private residence or under electronic monitoring. 03 * Sec. 25. AS 12.55.035(b) is amended to read: 04 (b) Except as provided in AS 12.55.036, upon conviction of an offense, a 05 defendant who is not an organization may be sentenced to pay, unless otherwise 06 specified in the provision of law defining the offense, a fine of no more than 07 (1) $500,000 for murder in the first or second degree, attempted 08 murder in the first degree, murder of an unborn child, sexual assault in the first degree, 09 sexual abuse of a minor in the first degree, kidnapping, promoting prostitution in the 10 first degree under AS 11.66.110(a)(2), or misconduct involving a controlled 11 substance in the first degree; 12 (2) $250,000 for a class A felony; 13 (3) $100,000 for a class B felony; 14 (4) $50,000 for a class C felony; 15 (5) $10,000 for a class A misdemeanor; 16 (6) $2,000 for a class B misdemeanor; 17 (7) $500 for a violation. 18 * Sec. 26. AS 12.55.090(c) is amended to read: 19 (c) The period of probation, together with any extension, may not exceed 20 (1) 25 years for a felony sex offense; or 21 (2) 10 years for any other offense. 22 * Sec. 27. AS 12.55.125(i) is amended to read: 23 (i) A defendant convicted of 24 (1) sexual assault in the first degree, [OR] sexual abuse of a minor in 25 the first degree, or promoting prostitution in the first degree under 26 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 27 than 99 years and shall be sentenced to a definite term within the following 28 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 29 (A) if the offense is a first felony conviction, the offense does 30 not involve circumstances described in (B) of this paragraph, and the victim 31 was
01 (i) less than 13 years of age, 25 to 35 years; 02 (ii) 13 years of age or older, 20 to 30 years; 03 (B) if the offense is a first felony conviction and the defendant 04 possessed a firearm, used a dangerous instrument, or caused serious physical 05 injury during the commission of the offense, 25 to 35 years; 06 (C) if the offense is a second felony conviction and does not 07 involve circumstances described in (D) of this paragraph, 30 to 40 years; 08 (D) if the offense is a second felony conviction and the 09 defendant has a prior conviction for a sexual felony, 35 to 45 years; 10 (E) if the offense is a third felony conviction and the defendant 11 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 12 to 60 years; 13 (F) if the offense is a third felony conviction, the defendant is 14 not subject to sentencing under (l) of this section, and the defendant has two 15 prior convictions for sexual felonies, 99 years; 16 (2) attempt, conspiracy, or solicitation to commit sexual assault in the 17 first degree, [OR] sexual abuse of a minor in the first degree, or promoting 18 prostitution in the first degree under AS 11.66.110(a)(2) may be sentenced to a 19 definite term of imprisonment of not more than 99 years and shall be sentenced to a 20 definite term within the following presumptive ranges, subject to adjustment as 21 provided in AS 12.55.155 - 12.55.175: 22 (A) if the offense is a first felony conviction, the offense does 23 not involve circumstances described in (B) of this paragraph, and the victim 24 was 25 (i) under 13 years of age, 20 to 30 years; 26 (ii) 13 years of age or older, 15 to 30 years; 27 (B) if the offense is a first felony conviction and the defendant 28 possessed a firearm, used a dangerous instrument, or caused serious physical 29 injury during the commission of the offense, 25 to 35 years; 30 (C) if the offense is a second felony conviction and does not 31 involve circumstances described in (D) of this paragraph, 25 to 35 years;
01 (D) if the offense is a second felony conviction and the 02 defendant has a prior conviction for a sexual felony, 30 to 40 years; 03 (E) if the offense is a third felony conviction, the offense does 04 not involve circumstances described in (F) of this paragraph, and the defendant 05 is not subject to sentencing under (l) of this section, 35 to 50 years; 06 (F) if the offense is a third felony conviction, the defendant is 07 not subject to sentencing under (l) of this section, and the defendant has two 08 prior convictions for sexual felonies, 99 years; 09 (3) sexual assault in the second degree, sexual abuse of a minor in the 10 second degree, unlawful exploitation of a minor, or distribution of child pornography 11 may be sentenced to a definite term of imprisonment of not more than 99 years and 12 shall be sentenced to a definite term within the following presumptive ranges, subject 13 to adjustment as provided in AS 12.55.155 - 12.55.175: 14 (A) if the offense is a first felony conviction, five to 15 years; 15 (B) if the offense is a second felony conviction and does not 16 involve circumstances described in (C) of this paragraph, 10 to 25 years; 17 (C) if the offense is a second felony conviction and the 18 defendant has a prior conviction for a sexual felony, 15 to 30 years; 19 (D) if the offense is a third felony conviction and does not 20 involve circumstances described in (E) of this paragraph, 20 to 35 years; 21 (E) if the offense is a third felony conviction and the defendant 22 has two prior convictions for sexual felonies, 99 years; 23 (4) sexual assault in the third degree, incest, indecent exposure in the 24 first degree, possession of child pornography, or attempt, conspiracy, or solicitation to 25 commit sexual assault in the second degree, sexual abuse of a minor in the second 26 degree, unlawful exploitation of a minor, or distribution of child pornography, may be 27 sentenced to a definite term of imprisonment of not more than 99 years and shall be 28 sentenced to a definite term within the following presumptive ranges, subject to 29 adjustment as provided in AS 12.55.155 - 12.55.175: 30 (A) if the offense is a first felony conviction, two to 12 years; 31 (B) if the offense is a second felony conviction and does not
01 involve circumstances described in (C) of this paragraph, eight to 15 years; 02 (C) if the offense is a second felony conviction and the 03 defendant has a prior conviction for a sexual felony, 12 to 20 years; 04 (D) if the offense is a third felony conviction and does not 05 involve circumstances described in (E) of this paragraph, 15 to 25 years; 06 (E) if the offense is a third felony conviction and the defendant 07 has two prior convictions for sexual felonies, 99 years. 08 * Sec. 28. AS 12.63.100(6) is amended to read: 09 (6) "sex offense" means 10 (A) a crime under AS 11.41.100(a)(3), or a similar law of 11 another jurisdiction, in which the person committed or attempted to commit a 12 sexual offense, or a similar offense under the laws of the other jurisdiction; in 13 this subparagraph, "sexual offense" has the meaning given in 14 AS 11.41.100(a)(3); 15 (B) a crime under AS 11.41.110(a)(3), or a similar law of 16 another jurisdiction, in which the person committed or attempted to commit 17 one of the following crimes, or a similar law of another jurisdiction: 18 (i) sexual assault in the first degree; 19 (ii) sexual assault in the second degree; 20 (iii) sexual abuse of a minor in the first degree; or 21 (iv) sexual abuse of a minor in the second degree; 22 (C) a crime, or an attempt, solicitation, or conspiracy to commit 23 a crime, under the following statutes or a similar law of another jurisdiction: 24 (i) AS 11.41.410 - 11.41.438; 25 (ii) AS 11.41.440(a)(2); 26 (iii) AS 11.41.450 - 11.41.458; 27 (iv) AS 11.41.460 if the indecent exposure is before a 28 person under 16 years of age and the offender has a previous conviction 29 for that offense; 30 (v) AS 11.61.125 - 11.61.128 [AS 11.61.125 OR 31 11.61.127];
01 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 02 was induced or caused to engage in prostitution was 16 or 17 years of 03 age at the time of the offense; or 04 (vii) former AS 11.15.120, former 11.15.134, or assault 05 with the intent to commit rape under former AS 11.15.160, former 06 AS 11.40.110, or former 11.40.200; 07 * Sec. 29. AS 12.72 is amended by adding a new section to read: 08 Sec. 12.72.025. Applications based on claim of ineffective assistance of 09 counsel. An application may not be brought under AS 12.72.010 or the Alaska Rules 10 of Criminal Procedure if it is based on a claim that the assistance the applicant's 11 attorney provided in a prior application under AS 12.72.010 or the Alaska Rules of 12 Criminal Procedure was ineffective, unless it is filed within one year after the court's 13 decision on the prior application is final under the Alaska Rules of Appellate 14 Procedure. 15 * Sec. 30. AS 18.65.310 is amended by adding new subsections to read: 16 (h) The department shall cancel the identification card of a person on whom a 17 restriction has been imposed under AS 04.16.160 unless the person's identification 18 card contains the information required by (i) of this section. A cancellation under this 19 subsection remains in effect only during the period of time that the person is restricted 20 from purchasing alcoholic beverages under AS 04.16.160. 21 (i) The department shall, to the extent it is able, mark the identification card of 22 an applicant who is restricted from purchasing alcoholic beverages under 23 AS 04.16.160 in the same manner required for a driver's license under AS 28.15.111. 24 A person who has received a marked identification card under this subsection may 25 apply for an unmarked card when the period of restriction under AS 04.16.160 has 26 expired. 27 (j) The department shall charge a fee of $50 for issuance of a marked 28 identification card under (i) of this section. 29 * Sec. 31. AS 28.15.111(a) is amended to read: 30 (a) Upon successful completion of the application and all required 31 examinations, and upon payment of the required fee, the department shall issue to
01 every qualified applicant a driver's license indicating the type or general class of 02 vehicles that the licensee may drive. The license must [DISPLAY] (1) display a 03 distinguishing number assigned to the license; (2) display the licensee's full name, 04 address, date of birth, brief physical description, and color photograph; (3) display 05 either a facsimile of the signature of the licensee or a space upon which the licensee 06 must write the licensee's usual signature with pen and ink; (4) display a holographic 07 symbol intended to prevent illegal alteration or duplication; [AND] (5) display, for a 08 qualified applicant who is under [AGE] 21 years of age, the words "UNDER 21"; and 09 (6) to the extent the department is able, be designed to allow the electronic 10 reading and electronic display of the information described under (2) of this 11 subsection and the electronic reading and display and a physical display on the 12 license that the person is restricted from purchasing alcoholic beverages under 13 AS 04.16.160. A license may not display the licensee's social security number and is 14 not valid until signed by the licensee. If facilities are not available for the taking of the 15 photograph required under this section, the department shall endorse on the license, 16 the words "valid without photograph." 17 * Sec. 32. AS 28.15.161(a) is amended to read: 18 (a) The department shall cancel a driver's license upon determination that 19 (1) the licensee is not medically or otherwise entitled to the issuance or 20 retention of the license, or has been adjudged incompetent to drive a motor vehicle; 21 (2) there is an error or defect in the license; 22 (3) the licensee failed to give the required or correct information in the 23 licensee's application; [OR] 24 (4) the license was obtained fraudulently; or 25 (5) the licensee is restricted from purchasing alcoholic beverages 26 under AS 04.16.160; if a license is cancelled under this paragraph, when a new 27 license is issued, it must reflect that restriction and the requirements of 28 AS 28.15.111 if the period of restriction under AS 04.16.160 is still in effect. 29 * Sec. 33. AS 28.15.191 is amended by adding new subsections to read: 30 (g) A court that has ordered a person to refrain from consuming alcoholic 31 beverages as part of a sentence for conviction of a crime under AS 28.35.030,
01 28.35.032, or a similar municipal ordinance or as a condition of probation or parole 02 following a conviction under those sections or a similar municipal ordinance shall 03 (1) require the surrender of the person's license and identification card 04 and forward the license and identification card to the department; 05 (2) report the order to the department within two days; and 06 (3) inform the person that the person's license and identification card 07 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 08 otherwise qualified to receive a license or identification card, when the person obtains 09 a new license or identification card, the license or identification card must list the 10 restriction imposed by AS 04.16.160 for the period of probation or parole. 11 (h) The board of parole shall notify the department within two days whenever 12 a person has been ordered to refrain from consuming alcoholic beverages as a 13 condition of parole, shall require the person to surrender their license and 14 identification card, and shall inform the person that the person's license and 15 identification card are subject to cancellation under AS 28.15.161, and that, if the 16 person is otherwise qualified to receive a license or identification card, when the 17 person obtains a new license or identification card, the license or identification card 18 must list the restriction imposed by AS 04.16.160. 19 * Sec. 34. AS 28.15.271 is amended by adding a new subsection to read: 20 (e) The department shall charge $50 for issuance of a new license to replace a 21 license cancelled under AS 28.15.161(a)(5) because the person is restricted from 22 purchasing alcoholic beverages under AS 04.16.160. 23 * Sec. 35. AS 33.20.010 is amended by adding a new subsection to read: 24 (c) A prisoner may not be awarded a good time deduction under (a) of this 25 section for any period spent in a treatment program, in a private residence, or while 26 under electronic monitoring. 27 * Sec. 36. AS 44.41.035(b) is amended to read: 28 (b) The Department of Public Safety shall collect for inclusion into the DNA 29 registration system a blood sample, oral sample, or both, from (1) a person convicted 30 in this state of a crime against a person or a felony under AS 11 or AS 28.35 or a law 31 or ordinance with elements similar to a crime against a person or a felony under AS 11
01 or AS 28.35, (2) a minor 16 years of age or older, adjudicated as a delinquent in this 02 state for an act that would be a crime against a person or a felony under AS 11 or 03 AS 28.35 if committed by an adult or for an act that would violate a law or ordinance 04 with elements similar to a crime against a person or a felony under AS 11 or AS 28.35 05 if committed by an adult, (3) a voluntary donor, (4) an anonymous DNA donor for use 06 in forensic validation, forensic protocol development, quality control, or population or 07 statistical data bases, [AND] (5) a person required to register as a sex offender or child 08 kidnapper under AS 12.63, and (6) a person arrested for a crime against a person 09 or a felony under AS 11 or AS 28.35, or a law or ordinance with elements similar 10 to a crime against a person or a felony under AS 11 or AS 28.35. The department 11 also may collect for inclusion into the DNA registration system a blood sample, oral 12 sample, or tissue sample from crime scene evidence or from unidentified human 13 remains. The DNA identification registration system consists of the blood, oral, or 14 tissue samples drawn under this section, any DNA or other blood grouping tests done 15 on those samples, and the identification data related to the samples or tests. Blood 16 samples, oral samples, and tissue samples not subject to testing under this section, and 17 test or identification data related to those samples, may not be entered into, or made a 18 part of, the DNA identification registration system. 19 * Sec. 37. AS 44.41.035(i) is amended to read: 20 (i) The Department of Public Safety shall, upon receipt of a court order, 21 destroy the material in the system relating to a person. The court shall issue the order 22 if the person's or minor's DNA was included in the system under 23 (1) (b)(1) or (2) of this section and the court [IT] determines that 24 (A) [(1)] the conviction or adjudication that subjected the 25 person to having a sample taken under this section is reversed; and 26 (B) [(2)] the person 27 (i) [(A)] is not retried, [OR] readjudicated, or convicted 28 or adjudicated for another crime that requires having a sample 29 taken under this section [FOR THE CRIME]; or 30 (ii) [(B)] after retrial, is acquitted of the crime or after 31 readjudication for the crime, and is not convicted or adjudicated for
01 another crime that requires a sample under this section, is not 02 found to be a delinquent; 03 (2) (b)(6) of this section and the court determines that 04 (A) the person arrested was released without being 05 charged; or 06 (B) the criminal complaint, indictment, presentment or 07 information for the offense for which the person was arrested was 08 dismissed, and a criminal complaint, indictment, presentment or 09 information for an offense requiring submission of a DNA sample is not 10 refiled. 11 * Sec. 38. AS 44.41.035(l) is amended to read: 12 (l) The Department of Public Safety may not include in the DNA registration 13 system a blood sample, oral sample, or tissue sample of the victim of a crime, unless 14 that person would otherwise be included under (b)(1) - (6) [(b)(1) - (5)] of this section. 15 * Sec. 39. AS 44.41.035 is amended by adding a new subsection to read: 16 (q) The department shall make every reasonable effort to process each sample 17 collected from a person under (b)(1), (b)(2), (b)(5), and (b)(6) of this section and 18 include the identification data resulting from the testing of the sample in the 19 identification registration system within 90 days after receiving the sample. 20 * Sec. 40. The uncodified law of the State of Alaska is amended by adding new sections to 21 read: 22 APPLICABILITY. (a) AS 12.55.027, enacted by sec. 24 of this Act, applies to credit 23 for time served for a sentence imposed on or after the effective date of sec. 24 of this Act, 24 regardless of when the criminal act was committed. 25 (b) AS 11.56.759, enacted by sec. 4 of this Act, and the amendments to 26 AS 11.61.128(a) and AS 12.10.010(a) made by secs. 10 and 22 of this Act apply to acts 27 committed on or after the effective date of secs. 4, 10, and 22 of this Act. 28 (c) AS 12.72.025, enacted by sec. 29 of this Act, applies to offenses committed 29 before, on, or after the effective date of sec. 29 of this Act. A person whose application for 30 post-conviction relief was denied before the effective date of sec. 29 this Act, has until July 1, 31 2008, to file a claim described in AS 12.72.025.
01 (d) Sections 12 - 21, 25, and 27 of this Act apply to offenses committed on or after the 02 effective date of secs. 12 - 21, 25, and 27 of this Act. 03 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 PROVISIONS NOT SEVERABLE AND CONDITIONAL EFFECT; NOTICE. (a) 06 Notwithstanding AS 01.10.030, secs. 5 - 8 of this Act are not severable. 07 (b) Section 9 of this Act takes effect only if a provision of secs. 5 - 8 of this Act is 08 found to be unconstitutional by a final judgment of the Alaska Supreme Court or by the 09 Alaska Court of Appeals if the decision of the Court of Appeals is not accepted for review by 10 the Alaska Supreme Court. 11 (c) The attorney general shall notify the revisor of statutes of a final judgment 12 described in (b) of this section. 13 * Sec. 42. Sections 1 - 3 and 30 - 34 of this Act take effect January 1, 2008. 14 * Sec. 43. If sec. 9 of this Act takes effect, it takes effect 20 days after the date of the final 15 judgment described in sec. 41(b) of this Act. 16 * Sec. 44. Section 39 of this Act takes effect July 1, 2009. 17 * Sec. 45. Except as provided in secs. 42 - 44 of this Act, this Act takes effect July 1, 2007.