SCS CSHB 90(FIN) am S: "An Act relating to the reporting of certain crimes; 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 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(FIN) am S 01 "An Act relating to the reporting of certain crimes; relating to the purchase of alcoholic 02 beverages and to access to licensed premises; relating to civil liability for certain persons 03 accessing licensed premises; requiring driver's licenses and identification cards to be 04 marked if a person is restricted from consuming alcoholic beverages as a result of a 05 conviction or condition of probation or parole and relating to fees for the marked license 06 or card; relating to the information contained on driver's licenses; requiring the 07 surrender and cancellation of driver's licenses and identification cards under certain 08 circumstances; relating to prostitution; relating to the DNA registration system; relating 09 to credit toward service of a sentence of imprisonment; relating to violation of probation 10 and parole conditions by sex offenders; relating to bail; relating to distribution of 11 certain materials to minors; relating to time limitations for prosecution of certain 12 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 is amended by adding a new section to read: 28 Sec. 11.56.767. Failure to report a violent crime committed against an 29 adult. (a) A person, other than the victim, commits the crime of failure to report a 30 violent crime committed against an adult if the person, under circumstances not 31 requiring the person to report as required by AS 11.56.765,
01 (1) witnesses what the person knows or reasonably should know is 02 (A) the murder or attempted murder of a person by another; 03 (B) the kidnapping or attempted kidnapping of a person by 04 another; or 05 (C) the sexual penetration or attempted sexual penetration by 06 another 07 (i) of a person without consent of the person; 08 (ii) of a person who is mentally incapable; 09 (iii) of a person who is incapacitated; or 10 (iv) of a person who is unaware that a sexual act is 11 being committed; and 12 (2) does not, as soon as reasonably practicable, report that crime to a 13 peace officer or law enforcement agency. 14 (b) In a prosecution under this section, it is an affirmative defense that the 15 defendant 16 (1) did not report as soon as reasonably practicable because the 17 defendant reasonably believed that 18 (A) doing so would have exposed the defendant or others to a 19 substantial risk of physical injury; or 20 (B) effective assistance was already being provided by another 21 person; or 22 (2) acted to stop the commission of the crime and stopped 23 (A) the commission of the crime; or 24 (B) the completion of the crime being attempted. 25 (c) In this section, 26 (1) "incapacitated" has the meaning given in AS 11.41.470; 27 (2) "mentally incapable" has the meaning given in AS 11.41.470; 28 (3) "sexual act" has the meaning given in AS 11.41.470; 29 (4) "without consent" has the meaning given in AS 11.41.470. 30 (d) Failure to report a violent crime committed against an adult is a violation. 31 * Sec. 6. AS 11.61.128(a) is amended to read:
01 (a) A person commits the crime of electronic distribution of indecent material 02 to minors if 03 (1) the person, being 18 years of age or older, knowingly distributes to 04 another person by computer any material that depicts the following actual or 05 simulated conduct: 06 (A) sexual penetration; 07 (B) the lewd touching of a person's genitals, anus, or female 08 breast; 09 (C) masturbation; 10 (D) bestiality; 11 (E) the lewd exhibition of a person's genitals, anus, or 12 female breast; or 13 (F) sexual masochism or sadism; [AN ACT DESCRIBED IN 14 AS 11.41.455(a)(1) - (7)] and 15 (2) either [1] 16 (A) the other person is a child under 16 years of age; or 17 (B) [(2)] the person believes that the other person is a child 18 under 16 years of age. 19 * Sec. 7. AS 11.61.129(a) is amended to read: 20 (a) Property used to aid a violation of AS 11.61.123 - 11.61.128 21 [AS 11.61.123 - 11.61.127] or to aid the solicitation of, attempt to commit, or 22 conspiracy to commit a violation of AS 11.61.123 - 11.61.128 [AS 11.61.123 - 23 11.61.127] may be forfeited to the state upon the conviction of the offender. 24 * Sec. 8. AS 11.66.100(a) is amended to read: 25 (a) A person commits the crime of prostitution if the person 26 (1) engages in or agrees or offers to engage in sexual conduct in return 27 for a fee; or 28 (2) offers a fee in return for sexual conduct. 29 * Sec. 9. AS 11.66.110(a) is amended to read: 30 (a) A person commits the crime of promoting prostitution in the first degree if 31 the person
01 (1) induces or causes a person to engage in prostitution through the use 02 of force; 03 (2) as other than a patron of a prostitute, induces or causes a person 04 under 18 [16] years of age to engage in prostitution; or 05 (3) induces or causes a person in that person's legal custody to engage 06 in prostitution. 07 * Sec. 10. AS 11.66.110(b) is amended to read: 08 (b) In a prosecution under (a)(2) of this section, it is not a defense that the 09 defendant reasonably believed that the person induced or caused to engage in 10 prostitution was 18 [16] years of age or older. 11 * Sec. 11. AS 11.66.110(c) is amended to read: 12 (c) Except as provided in (d) of this section, promoting prostitution in the first 13 degree is a class A [B] felony. 14 * Sec. 12. AS 11.66.110(d) is amended to read: 15 (d) A person convicted under (a)(2) of this section is guilty of an unclassified 16 [A CLASS A] felony. 17 * Sec. 13. AS 11.66.120(b) is amended to read: 18 (b) Promoting prostitution in the second degree is a class B [C] felony. 19 * Sec. 14. AS 11.66.130 is amended to read: 20 Sec. 11.66.130. Promoting prostitution in the third degree. (a) A person 21 commits the crime of promoting prostitution in the third degree if, with intent to 22 promote prostitution, the person 23 (1) manages, supervises, controls, or owns, either alone or in 24 association with others, a place of prostitution; 25 (2) as other than a patron of a prostitute, induces or causes a person 18 26 [16] years of age or older to engage in prostitution; 27 (3) as other than a prostitute receiving compensation for personally 28 rendered prostitution services, receives or agrees to receive money or other property 29 pursuant to an agreement or understanding that the money or other property is derived 30 from prostitution; or 31 (4) engages in conduct that institutes, aids, or facilitates a prostitution
01 enterprise. 02 (b) Promoting prostitution in the third degree is a class C felony [A 03 MISDEMEANOR]. 04 * Sec. 15. AS 11.66 is amended by adding a new section to read: 05 Sec. 11.66.135. Promoting prostitution in the fourth degree. (a) A person 06 commits the crime of promoting prostitution in the fourth degree if the person engages 07 in conduct that institutes, aids, or facilitates prostitution under circumstances not 08 proscribed under AS 11.66.130(a)(4). 09 (b) Promoting prostitution in the fourth degree is a class A misdemeanor. 10 * Sec. 16. AS 11.66 is amended by adding a new section to read: 11 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 12 received or derived from, a violation of AS 11.66.110 - 11.66.135 shall be forfeited. 13 * Sec. 17. AS 11.81.250(a) is amended to read: 14 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 15 title, except murder in the first and second degree, attempted murder in the first 16 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 17 in the first degree, murder of an unborn child, sexual assault in the first degree, sexual 18 abuse of a minor in the first degree, misconduct involving a controlled substance in the 19 first degree, promoting prostitution in the first degree under AS 11.66.110(a)(2), 20 and kidnapping, are classified on the basis of their seriousness, according to the type 21 of injury characteristically caused or risked by commission of the offense and the 22 culpability of the offender. Except for murder in the first and second degree, attempted 23 murder in the first degree, solicitation to commit murder in the first degree, conspiracy 24 to commit murder in the first degree, murder of an unborn child, sexual assault in the 25 first degree, sexual abuse of a minor in the first degree, misconduct involving a 26 controlled substance in the first degree, promoting prostitution in the first degree 27 under AS 11.66.110(a)(2), and kidnapping, the offenses in this title are classified into 28 the following categories: 29 (1) class A felonies, which characteristically involve conduct resulting 30 in serious physical injury or a substantial risk of serious physical injury to a person; 31 (2) class B felonies, which characteristically involve conduct resulting
01 in less severe violence against a person than class A felonies, aggravated offenses 02 against property interests, or aggravated offenses against public administration or 03 order; 04 (3) class C felonies, which characteristically involve conduct serious 05 enough to deserve felony classification but not serious enough to be classified as A or 06 B felonies; 07 (4) class A misdemeanors, which characteristically involve less severe 08 violence against a person, less serious offenses against property interests, less serious 09 offenses against public administration or order, or less serious offenses against public 10 health and decency than felonies; 11 (5) class B misdemeanors, which characteristically involve a minor 12 risk of physical injury to a person, minor offenses against property interests, minor 13 offenses against public administration or order, or minor offenses against public health 14 and decency; 15 (6) violations, which characteristically involve conduct inappropriate 16 to an orderly society but which do not denote criminality in their commission. 17 * Sec. 18. AS 12.10.010(a) is amended to read: 18 (a) Prosecution for the following offenses may be commenced at any time: 19 (1) murder; 20 (2) attempt, solicitation, or conspiracy to commit murder or 21 hindering the prosecution of murder; 22 (3) felony sexual abuse of a minor; 23 (4) [(3)] sexual assault that is an unclassified, class A, or class B 24 felony or a violation of AS 11.41.425(a)(2) or (3); 25 (5) [(4)] a violation of AS 11.41.425, 11.41.427, 11.41.450 - 26 11.41.458, AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed 27 against a person who, at the time of the offense, was under 18 years of age; 28 (6) kidnapping. 29 * Sec. 19. AS 12.30.020(j) is amended to read: 30 (j) If a person remains in custody after review of conditions by a judicial 31 officer under (f) of this section, a subsequent review of conditions may be held at the
01 request of the person. Unless the prosecuting authority stipulates otherwise or a 02 defendant has been incarcerated for a period equal to the maximum sentence for 03 the most serious charge for which the defendant is being held, a judicial officer 04 may not schedule a bail review hearing under this subsection unless 05 (1) the person provides to the court and the prosecuting authority a 06 written statement that new information not considered at the previous review will be 07 presented; the statement must include [AND INCLUDES] a description of the 08 [NEW] information and the reason the information was not presented at a 09 previous hearing; in this paragraph, "new information" does not include the 10 inability to post the required bail; 11 (2) the prosecuting authority has at least 48 hours' notice before the 12 time set for the review requested under this subsection; and 13 (3) at least seven days [48 HOURS] have elapsed between the 14 previous review and the time set for the review requested under this subsection. 15 * Sec. 20. AS 12.55 is amended by adding a new section to read: 16 Sec. 12.55.027. Credit for time spent toward service of a sentence of 17 imprisonment. (a) A court may grant a defendant credit toward a sentence of 18 imprisonment for time spent in a treatment program only as provided in this section. 19 (b) A court may grant a defendant one day of credit toward a sentence of 20 imprisonment for each full day the defendant resided in the facility of a treatment 21 program and observed the rules of the treatment program and the facility if 22 (1) the court finds that the treatment program meets the standards 23 described in (c) of this section; 24 (2) before the defendant entered the treatment program, the court 25 ordered the defendant to reside in the facility of the treatment program and participate 26 in the treatment program as a condition of bail release or a condition of probation; and 27 (3) the court has received a written report from the director of the 28 program that 29 (A) states that the defendant has participated in the treatment 30 plan prescribed for the defendant and has complied with the requirements of 31 the plan; and
01 (B) sets out the number of full days the defendant resided in the 02 facility of the treatment program and observed the rules of the treatment 03 program and facility. 04 (c) To qualify for credit against a sentence of imprisonment for time spent in a 05 treatment program, the treatment program and the facility of the treatment program 06 must impose substantial restrictions on a person's liberty that are equivalent to 07 incarceration, including the requirement that a participant in the program 08 (1) must live in a residential facility operated by the program; 09 (2) must be confined at all times to the grounds of the facility or be in 10 the physical custody of an employee of the facility, except for court appearances, 11 meetings with counsel, and work required by the treatment program and approved in 12 advance by the court; 13 (3) is subject to disciplinary sanctions by the program if the participant 14 violates rules of the program and facility; sanctions must be in writing and available 15 for court review; and 16 (4) is subject to immediate arrest, without warrant, if the participant 17 leaves the facility without permission. 18 (d) A court may not grant credit against a sentence of imprisonment for time 19 spent in a private residence or under electronic monitoring. 20 * Sec. 21. AS 12.55.035(b) is amended to read: 21 (b) Except as provided in AS 12.55.036, upon conviction of an offense, a 22 defendant who is not an organization may be sentenced to pay, unless otherwise 23 specified in the provision of law defining the offense, a fine of no more than 24 (1) $500,000 for murder in the first or second degree, attempted 25 murder in the first degree, murder of an unborn child, sexual assault in the first degree, 26 sexual abuse of a minor in the first degree, kidnapping, promoting prostitution in the 27 first degree under AS 11.66.110(a)(2), or misconduct involving a controlled 28 substance in the first degree; 29 (2) $250,000 for a class A felony; 30 (3) $100,000 for a class B felony; 31 (4) $50,000 for a class C felony;
01 (5) $10,000 for a class A misdemeanor; 02 (6) $2,000 for a class B misdemeanor; 03 (7) $500 for a violation. 04 * Sec. 22. AS 12.55.090(c) is amended to read: 05 (c) The period of probation, together with any extension, may not exceed 06 (1) 25 years for a felony sex offense; or 07 (2) 10 years for any other offense. 08 * Sec. 23. AS 12.55.125(i) is amended to read: 09 (i) A defendant convicted of 10 (1) sexual assault in the first degree, [OR] sexual abuse of a minor in 11 the first degree, or promoting prostitution in the first degree under 12 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 13 than 99 years and shall be sentenced to a definite term within the following 14 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 15 (A) if the offense is a first felony conviction, the offense does 16 not involve circumstances described in (B) of this paragraph, and the victim 17 was 18 (i) less than 13 years of age, 25 to 35 years; 19 (ii) 13 years of age or older, 20 to 30 years; 20 (B) if the offense is a first felony conviction and the defendant 21 possessed a firearm, used a dangerous instrument, or caused serious physical 22 injury during the commission of the offense, 25 to 35 years; 23 (C) if the offense is a second felony conviction and does not 24 involve circumstances described in (D) of this paragraph, 30 to 40 years; 25 (D) if the offense is a second felony conviction and the 26 defendant has a prior conviction for a sexual felony, 35 to 45 years; 27 (E) if the offense is a third felony conviction and the defendant 28 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 29 to 60 years; 30 (F) if the offense is a third felony conviction, the defendant is 31 not subject to sentencing under (l) of this section, and the defendant has two
01 prior convictions for sexual felonies, 99 years; 02 (2) attempt, conspiracy, or solicitation to commit sexual assault in the 03 first degree, [OR] sexual abuse of a minor in the first degree, or promoting 04 prostitution in the first degree under AS 11.66.110(a)(2) may be sentenced to a 05 definite term of imprisonment of not more than 99 years and shall be sentenced to a 06 definite term within the following presumptive ranges, subject to adjustment as 07 provided in AS 12.55.155 - 12.55.175: 08 (A) if the offense is a first felony conviction, the offense does 09 not involve circumstances described in (B) of this paragraph, and the victim 10 was 11 (i) under 13 years of age, 20 to 30 years; 12 (ii) 13 years of age or older, 15 to 30 years; 13 (B) if the offense is a first felony conviction and the defendant 14 possessed a firearm, used a dangerous instrument, or caused serious physical 15 injury during the commission of the offense, 25 to 35 years; 16 (C) if the offense is a second felony conviction and does not 17 involve circumstances described in (D) of this paragraph, 25 to 35 years; 18 (D) if the offense is a second felony conviction and the 19 defendant has a prior conviction for a sexual felony, 30 to 40 years; 20 (E) if the offense is a third felony conviction, the offense does 21 not involve circumstances described in (F) of this paragraph, and the defendant 22 is not subject to sentencing under (l) of this section, 35 to 50 years; 23 (F) if the offense is a third felony conviction, the defendant is 24 not subject to sentencing under (l) of this section, and the defendant has two 25 prior convictions for sexual felonies, 99 years; 26 (3) sexual assault in the second degree, sexual abuse of a minor in the 27 second degree, unlawful exploitation of a minor, or distribution of child pornography 28 may be sentenced to a definite term of imprisonment of not more than 99 years and 29 shall be sentenced to a definite term within the following presumptive ranges, subject 30 to adjustment as provided in AS 12.55.155 - 12.55.175: 31 (A) if the offense is a first felony conviction, five to 15 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 years; 03 (C) if the offense is a second felony conviction and the 04 defendant has a prior conviction for a sexual felony, 15 to 30 years; 05 (D) if the offense is a third felony conviction and does not 06 involve circumstances described in (E) of this paragraph, 20 to 35 years; 07 (E) if the offense is a third felony conviction and the defendant 08 has two prior convictions for sexual felonies, 99 years; 09 (4) sexual assault in the third degree, incest, indecent exposure in the 10 first degree, possession of child pornography, or attempt, conspiracy, or solicitation to 11 commit sexual assault in the second degree, sexual abuse of a minor in the second 12 degree, unlawful exploitation of a minor, or distribution of child pornography, may be 13 sentenced to a definite term of imprisonment of not more than 99 years and shall be 14 sentenced to a definite term within the following presumptive ranges, subject to 15 adjustment as provided in AS 12.55.155 - 12.55.175: 16 (A) if the offense is a first felony conviction, two to 12 years; 17 (B) if the offense is a second felony conviction and does not 18 involve circumstances described in (C) of this paragraph, eight to 15 years; 19 (C) if the offense is a second felony conviction and the 20 defendant has a prior conviction for a sexual felony, 12 to 20 years; 21 (D) if the offense is a third felony conviction and does not 22 involve circumstances described in (E) of this paragraph, 15 to 25 years; 23 (E) if the offense is a third felony conviction and the defendant 24 has two prior convictions for sexual felonies, 99 years. 25 * Sec. 24. AS 12.63.100(6) is amended to read: 26 (6) "sex offense" means 27 (A) a crime under AS 11.41.100(a)(3), or a similar law of 28 another jurisdiction, in which the person committed or attempted to commit a 29 sexual offense, or a similar offense under the laws of the other jurisdiction; in 30 this subparagraph, "sexual offense" has the meaning given in 31 AS 11.41.100(a)(3);
01 (B) a crime under AS 11.41.110(a)(3), or a similar law of 02 another jurisdiction, in which the person committed or attempted to commit 03 one of the following crimes, or a similar law of another jurisdiction: 04 (i) sexual assault in the first degree; 05 (ii) sexual assault in the second degree; 06 (iii) sexual abuse of a minor in the first degree; or 07 (iv) sexual abuse of a minor in the second degree; 08 (C) a crime, or an attempt, solicitation, or conspiracy to commit 09 a crime, under the following statutes or a similar law of another jurisdiction: 10 (i) AS 11.41.410 - 11.41.438; 11 (ii) AS 11.41.440(a)(2); 12 (iii) AS 11.41.450 - 11.41.458; 13 (iv) AS 11.41.460 if the indecent exposure is before a 14 person under 16 years of age and the offender has a previous conviction 15 for that offense; 16 (v) AS 11.61.125 - 11.61.128 [AS 11.61.125 OR 17 11.61.127]; 18 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 19 was induced or caused to engage in prostitution was 16 or 17 years of 20 age at the time of the offense; or 21 (vii) former AS 11.15.120, former 11.15.134, or assault 22 with the intent to commit rape under former AS 11.15.160, former 23 AS 11.40.110, or former 11.40.200; 24 * Sec. 25. AS 12.72 is amended by adding a new section to read: 25 Sec. 12.72.025. Applications based on claim of ineffective assistance of 26 counsel. An application may not be brought under AS 12.72.010 or the Alaska Rules 27 of Criminal Procedure if it is based on a claim that the assistance the applicant's 28 attorney provided in a prior application under AS 12.72.010 or the Alaska Rules of 29 Criminal Procedure was ineffective, unless it is filed within one year after the court's 30 decision on the prior application is final under the Alaska Rules of Appellate 31 Procedure.
01 * Sec. 26. AS 18.65.310 is amended by adding new subsections to read: 02 (h) The department shall cancel the identification card of a person on whom a 03 restriction has been imposed under AS 04.16.160 unless the person's identification 04 card contains the information required by (i) of this section. A cancellation under this 05 subsection remains in effect only during the period of time that the person is restricted 06 from purchasing alcoholic beverages under AS 04.16.160. 07 (i) The department shall, to the extent it is able, mark the identification card of 08 an applicant who is restricted from purchasing alcoholic beverages under 09 AS 04.16.160 in the same manner required for a driver's license under AS 28.15.111. 10 A person who has received a marked identification card under this subsection may 11 apply for an unmarked card when the period of restriction under AS 04.16.160 has 12 expired. 13 (j) The department shall charge a fee of $50 for issuance of a marked 14 identification card under (i) of this section. 15 * Sec. 27. AS 28.15.111(a) is amended to read: 16 (a) Upon successful completion of the application and all required 17 examinations, and upon payment of the required fee, the department shall issue to 18 every qualified applicant a driver's license indicating the type or general class of 19 vehicles that the licensee may drive. The license must [DISPLAY] (1) display a 20 distinguishing number assigned to the license; (2) display the licensee's full name, 21 address, date of birth, brief physical description, and color photograph; (3) display 22 either a facsimile of the signature of the licensee or a space upon which the licensee 23 must write the licensee's usual signature with pen and ink; (4) display a holographic 24 symbol intended to prevent illegal alteration or duplication; [AND] (5) display, for a 25 qualified applicant who is under [AGE] 21 years of age, the words "UNDER 21"; and 26 (6) to the extent the department is able, be designed to allow the electronic 27 reading and electronic display of the information described under (2) of this 28 subsection and the electronic reading and display and a physical display on the 29 license that the person is restricted from purchasing alcoholic beverages under 30 AS 04.16.160. A license may not display the licensee's social security number and is 31 not valid until signed by the licensee. If facilities are not available for the taking of the
01 photograph required under this section, the department shall endorse on the license, 02 the words "valid without photograph." 03 * Sec. 28. AS 28.15.161(a) is amended to read: 04 (a) The department shall cancel a driver's license upon determination that 05 (1) the licensee is not medically or otherwise entitled to the issuance or 06 retention of the license, or has been adjudged incompetent to drive a motor vehicle; 07 (2) there is an error or defect in the license; 08 (3) the licensee failed to give the required or correct information in the 09 licensee's application; [OR] 10 (4) the license was obtained fraudulently; or 11 (5) the licensee is restricted from purchasing alcoholic beverages 12 under AS 04.16.160; if a license is cancelled under this paragraph, when a new 13 license is issued, it must reflect that restriction and the requirements of 14 AS 28.15.111 if the period of restriction under AS 04.16.160 is still in effect. 15 * Sec. 29. AS 28.15.191 is amended by adding new subsections to read: 16 (g) A court that has ordered a person to refrain from consuming alcoholic 17 beverages as part of a sentence for conviction of a crime under AS 28.35.030, 18 28.35.032, or a similar municipal ordinance or as a condition of probation or parole 19 following a conviction under those sections or a similar municipal ordinance shall 20 (1) require the surrender of the person's license and identification card 21 and forward the license and identification card to the department; 22 (2) report the order to the department within two days; and 23 (3) inform the person that the person's license and identification card 24 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 25 otherwise qualified to receive a license or identification card, when the person obtains 26 a new license or identification card, the license or identification card must list the 27 restriction imposed by AS 04.16.160 for the period of probation or parole. 28 (h) The board of parole shall notify the department within two days whenever 29 a person has been ordered to refrain from consuming alcoholic beverages as a 30 condition of parole, shall require the person to surrender their license and 31 identification card, and shall inform the person that the person's license and
01 identification card are subject to cancellation under AS 28.15.161, and that, if the 02 person is otherwise qualified to receive a license or identification card, when the 03 person obtains a new license or identification card, the license or identification card 04 must list the restriction imposed by AS 04.16.160. 05 * Sec. 30. AS 28.15.271 is amended by adding a new subsection to read: 06 (e) The department shall charge $50 for issuance of a new license to replace a 07 license cancelled under AS 28.15.161(a)(5) because the person is restricted from 08 purchasing alcoholic beverages under AS 04.16.160. 09 * Sec. 31. AS 33.20.010 is amended by adding a new subsection to read: 10 (c) A prisoner may not be awarded a good time deduction under (a) of this 11 section for any period spent in a treatment program, in a private residence, or while 12 under electronic monitoring. 13 * Sec. 32. AS 44.41.035(b) is amended to read: 14 (b) The Department of Public Safety shall collect for inclusion into the DNA 15 registration system a blood sample, oral sample, or both, from (1) a person convicted 16 in this state of a crime against a person or a felony under AS 11 or AS 28.35 or a law 17 or ordinance with elements similar to a crime against a person or a felony under AS 11 18 or AS 28.35, (2) a minor 16 years of age or older, adjudicated as a delinquent in this 19 state for an act that would be a crime against a person or a felony under AS 11 or 20 AS 28.35 if committed by an adult or for an act that would violate a law or ordinance 21 with elements similar to a crime against a person or a felony under AS 11 or AS 28.35 22 if committed by an adult, (3) a voluntary donor, (4) an anonymous DNA donor for use 23 in forensic validation, forensic protocol development, quality control, or population or 24 statistical data bases, [AND] (5) a person required to register as a sex offender or child 25 kidnapper under AS 12.63, and (6) a person arrested for a crime against a person 26 or a felony under AS 11 or AS 28.35, or a law or ordinance with elements similar 27 to a crime against a person or a felony under AS 11 or AS 28.35. The department 28 also may collect for inclusion into the DNA registration system a blood sample, oral 29 sample, or tissue sample from crime scene evidence or from unidentified human 30 remains. The DNA identification registration system consists of the blood, oral, or 31 tissue samples drawn under this section, any DNA or other blood grouping tests done
01 on those samples, and the identification data related to the samples or tests. Blood 02 samples, oral samples, and tissue samples not subject to testing under this section, and 03 test or identification data related to those samples, may not be entered into, or made a 04 part of, the DNA identification registration system. 05 * Sec. 33. AS 44.41.035(i) is amended to read: 06 (i) The Department of Public Safety shall, upon receipt of a court order, 07 destroy the material in the system relating to a person. The court shall issue the order 08 if the person's or minor's DNA was included in the system under 09 (1) (b)(1) or (2) of this section and the court [IT] determines that 10 (A) [(1)] the conviction or adjudication that subjected the 11 person to having a sample taken under this section is reversed; and 12 (B) [(2)] the person 13 (i) [(A)] is not retried, [OR] readjudicated, or convicted 14 or adjudicated for another crime that requires having a sample 15 taken under this section [FOR THE CRIME]; or 16 (ii) [(B)] after retrial, is acquitted of the crime or after 17 readjudication for the crime, and is not convicted or adjudicated for 18 another crime that requires a sample under this section, is not 19 found to be a delinquent; 20 (2) (b)(6) of this section and the court determines that 21 (A) the person arrested was released without being 22 charged; or 23 (B) the criminal complaint, indictment, presentment or 24 information for the offense for which the person was arrested was 25 dismissed, and a criminal complaint, indictment, presentment or 26 information for an offense requiring submission of a DNA sample is not 27 refiled. 28 * Sec. 34. AS 44.41.035(l) is amended to read: 29 (l) The Department of Public Safety may not include in the DNA registration 30 system a blood sample, oral sample, or tissue sample of the victim of a crime, unless 31 that person would otherwise be included under (b)(1) - (6) [(b)(1) - (5)] of this section.
01 * Sec. 35. AS 44.41.035 is amended by adding a new subsection to read: 02 (q) The department shall make every reasonable effort to process each sample 03 collected from a person under (b)(1), (b)(2), (b)(5), and (b)(6) of this section and 04 include the identification data resulting from the testing of the sample in the 05 identification registration system within 90 days after receiving the sample. 06 * Sec. 36. The uncodified law of the State of Alaska is amended by adding new sections to 07 read: 08 APPLICABILITY. (a) AS 12.55.027, enacted by sec. 20 of this Act, applies to credit 09 for time served for a sentence imposed on or after the effective date of sec. 20 of this Act, 10 regardless of when the criminal act was committed. 11 (b) AS 11.56.759, enacted by sec. 4 of this Act, AS 11.56.767, added by sec. 5 of this 12 Act, and the amendments to AS 11.61.128(a) and AS 12.10.010(a) made by secs. 6 and 18 of 13 this Act apply to acts committed on or after the effective date of secs. 4 - 6 and 18 of this Act. 14 (c) AS 12.72.025, enacted by sec. 25 of this Act, applies to offenses committed 15 before, on, or after the effective date of sec. 25 of this Act. A person whose application for 16 post-conviction relief was denied before the effective date of sec. 25 this Act, has until July 1, 17 2008, to file a claim described in AS 12.72.025. 18 (d) Sections 8 - 17, 21, and 23 of this Act apply to offenses committed on or after the 19 effective date of secs. 8 - 17, 21, and 23 of this Act. 20 * Sec. 37. Sections 1 - 3 and 26 - 30 of this Act take effect January 1, 2008. 21 * Sec. 38. Section 35 of this Act takes effect July 1, 2009. 22 * Sec. 39. Except as provided in secs. 37 and 38 of this Act, this Act takes effect July 1, 23 2007.