txt

CSSB 185(STA): "An Act relating to sex offenders and child kidnappers; and providing for an effective date."

00 CS FOR SENATE BILL NO. 185(STA) 01 "An Act relating to sex offenders and child kidnappers; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.56.840(a) is repealed and reenacted to read: 05 (a) A person commits the crime of failure to register as a sex offender or child 06 kidnapper in the second degree if the person fails, as required by AS 12.63.010, to 07 (1) register; 08 (2) file written notice of 09 (A) change of residence; 10 (B) change of mailing address; 11 (C) establishment of an electronic or messaging address or any 12 change to an electronic or messaging address; or 13 (D) establishment of an Internet communication identifier or 14 any change to an Internet communication identifier;

01 (3) file the annual or quarterly written verification; or 02 (4) supply accurate and complete information required to be submitted 03 under (1) - (3) of this subsection. 04 * Sec. 2. AS 12.63.010(b) is amended to read: 05 (b) A sex offender or child kidnapper required to register under (a) of this 06 section shall register with the Department of Corrections if the sex offender or child 07 kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 08 police department located nearest to where the sex offender or child kidnapper resides 09 at the time of registration. To fulfill the registration requirement, the sex offender or 10 child kidnapper shall 11 (1) complete a registration form that includes, at a minimum, 12 (A) the sex offender's or child kidnapper's name, address, place 13 of employment, and date of birth; 14 (B) each conviction for a sex offense or child kidnapping for 15 which the duty to register has not terminated under AS 12.63.020, the date of 16 the sex offense or child kidnapping convictions, the place and court of the sex 17 offense or child kidnapping convictions, and whether the sex offender or child 18 kidnapper has been unconditionally discharged from the conviction for a sex 19 offense or child kidnapping and the date of the unconditional discharge; if the 20 sex offender or child kidnapper asserts that the offender or kidnapper has been 21 unconditionally discharged, the offender or kidnapper shall supply proof of 22 that discharge acceptable to the department; 23 (C) all aliases used; 24 (D) the sex offender's or child kidnapper's driver's license 25 number; 26 (E) the description, license numbers, and vehicle identification 27 numbers of motor vehicles the sex offender or child kidnapper has access to, 28 regardless of whether that access is regular or not; 29 (F) any identifying features of the sex offender or child 30 kidnapper; 31 (G) anticipated changes of address; [AND]

01 (H) a statement concerning whether the offender or kidnapper 02 has had treatment for a mental abnormality or personality disorder since the 03 date of conviction for an offense requiring registration under this chapter; and 04 (I) each electronic mail address, instant messaging address, 05 and other Internet communication identifier used by the sex offender or 06 child kidnapper; 07 (2) allow the Alaska state troopers, Department of Corrections, or 08 municipal police to take a complete set of the sex offender's or child kidnapper's 09 fingerprints and to take the sex offender's or child kidnapper's photograph. 10 * Sec. 3. AS 12.63.010(c) is amended to read: 11 (c) If a sex offender or child kidnapper changes residence after having 12 registered under (a) of this section, the sex offender or child kidnapper shall provide 13 written notice of the change by the next working day following the change to the 14 Alaska state trooper post or municipal police department located nearest to the new 15 residence or, if the residence change is out of state, to the central registry. If a sex 16 offender or child kidnapper establishes or changes an electronic mail address, 17 instant messaging address, or other Internet communication identifier, the sex 18 offender or child kidnapper shall, by the next working day, notify the department 19 in writing of the changed or new address or identifier. 20 * Sec. 4. AS 18.65.087 is amended by adding a new subsection to read: 21 (i) Notwithstanding (b) of this section, 22 (1) the department may provide a method for, or may participate in a 23 federal program that allows, the public to submit an electronic or messaging address or 24 Internet identifier and receive a confirmation of whether the address or identifier 25 belongs to a registered sex offender or child kidnapper; 26 (2) the department may provide electronic or messaging addresses and 27 Internet communication identifiers in the central registry to Internet service providers 28 and Internet security firms to assist those entities in preventing children from receiving 29 communications from registered sex offenders and child kidnappers and to warn the 30 public that persons with those addresses or identifiers are registered sex offenders or 31 child kidnappers.

01 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. (a) This Act applies to persons convicted of sex offenses or child 04 kidnapping before, on, or after the effective date of this Act whose duty to register as a sex 05 offender or child kidnapper has not expired under AS 12.63.010(d)(1) on the effective date of 06 this Act. 07 (b) Notwithstanding AS 11.56.840(a), repealed and reenacted by sec. 1 of this Act, 08 and AS 12.63.010(c), amended by sec. 3 of this Act, a sex offender or child kidnapper whose 09 duty to register as a sex offender or child kidnapper arose 10 (1) on or before December 31, 2008, does not have to initially report 11 electronic or messaging addresses or Internet communication identifiers to the Department of 12 Public Safety until the date that the sex offender or child kidnapper's next annual, or quarterly 13 if applicable, written verification is due; after the initial report of addresses and identifiers is 14 due, the sex offender or child kidnapper shall report the establishment of an electronic or 15 messaging address, or any changes to those addresses, or the establishment of an Internet 16 communication identifier, or any change to an identifier, as required by AS 11.56.840 and 17 AS 12.63.010; 18 (2) on or after January 1, 2009, shall report electronic or messaging addresses 19 or Internet communication identifiers, and changes to addresses and identifiers, to the 20 Department of Public Safety as required by AS 12.63.010. 21 * Sec. 6. This Act takes effect January 1, 2009.