HCS CSSB 265(FIN): "An Act relating to furnishing or delivering alcoholic beverages to persons under 21 years of age; relating to shipping, sending, transporting, or bringing alcohol to a local option area and providing alcohol to others in the local option area, including penalties for violations; relating to reports of alcohol violations by minors; relating to the payment of permanent fund dividends to certain individuals required to register as sex offenders or child kidnappers; relating to public notice requirements relating to amounts that would have been paid as dividends to certain individuals required to register as sex offenders or child kidnappers; relating to certain persons who lend money on secondhand articles; relating to arson and criminally negligent burning; relating to defenses for the detention of persons suspected of committing concealment of merchandise or theft; relating to the determination of time of a conviction; relating to issuance of search warrants; relating to persons found incompetent to stand trial concerning criminal conduct; relating to probation for certain offenses; relating to restitution for fish and game violations; relating to aggravating factors at sentencing; relating to post-conviction relief proceedings; relating to criminal extradition authority of the governor; removing the statutory bar to prosecution of certain crimes; relating to the reporting of suspected child pornography by certain persons; amending Rule 37(b), Alaska Rules of Criminal Procedure, relating to execution of warrants, and Rule 35.1, Alaska Rules of Criminal Procedure; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 265(FIN) 01 "An Act relating to furnishing or delivering alcoholic beverages to persons under 21 02 years of age; relating to shipping, sending, transporting, or bringing alcohol to a local 03 option area and providing alcohol to others in the local option area, including penalties 04 for violations; relating to reports of alcohol violations by minors; relating to the 05 payment of permanent fund dividends to certain individuals required to register as sex 06 offenders or child kidnappers; relating to public notice requirements relating to 07 amounts that would have been paid as dividends to certain individuals required to 08 register as sex offenders or child kidnappers; relating to certain persons who lend 09 money on secondhand articles; relating to arson and criminally negligent burning; 10 relating to defenses for the detention of persons suspected of committing concealment of 11 merchandise or theft; relating to the determination of time of a conviction; relating to 12 issuance of search warrants; relating to persons found incompetent to stand trial
01 concerning criminal conduct; relating to probation for certain offenses; relating to 02 restitution for fish and game violations; relating to aggravating factors at sentencing; 03 relating to post-conviction relief proceedings; relating to criminal extradition authority 04 of the governor; removing the statutory bar to prosecution of certain crimes; relating to 05 the reporting of suspected child pornography by certain persons; amending Rule 37(b), 06 Alaska Rules of Criminal Procedure, relating to execution of warrants, and Rule 35.1, 07 Alaska Rules of Criminal Procedure; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 04.16.051(a) is amended to read: 10 (a) A person may not furnish or deliver an alcoholic beverage to a person 11 under the age of 21 years. This subsection does not apply to a licensee or an agent 12 or employee of a licensee while working on licensed premises. 13 * Sec. 2. AS 04.16.052 is amended to read: 14 Sec. 04.16.052. Furnishing of alcoholic beverages to persons under the age 15 of 21 by licensees. A licensee or an agent or employee of the licensee may not with 16 criminal negligence 17 (1) allow another person to sell, barter, or give an alcoholic beverage 18 to a person under the age of 21 years within licensed premises; 19 (2) allow a person under the age of 21 years to enter and remain within 20 licensed premises except as provided in AS 04.16.049; 21 (3) allow a person under the age of 21 years to consume an alcoholic 22 beverage within licensed premises; 23 (4) allow a person under the age of 21 years to sell or serve alcoholic 24 beverages; 25 (5) while working on licensed premises, furnish or deliver alcoholic 26 beverages to a person under the age of 21 years. 27 * Sec. 3. AS 04.16.200(e) is amended to read: 28 (e) A person who sends, transports, or brings alcoholic beverages into a
01 municipality or established village in violation of AS 04.11.499(a) is, upon conviction, 02 (1) except as provided in (3) of this subsection, guilty of a class A 03 misdemeanor if the quantity of alcoholic beverages is less than 10 and one-half liters 04 of distilled spirits, 24 liters of wine, or 12 gallons of malt beverages; [OR] 05 (2) guilty of a class C felony if the quantity of alcoholic beverages is 06 10 and one-half liters or more of distilled spirits, 24 liters or more of wine, or 12 07 gallons or more of malt beverages; or 08 (3) guilty of a class C felony if the quantity of alcoholic beverages 09 is less than 10 and one-half liters of distilled spirits, 24 liters of wine, or 12 gallons 10 of malt beverages and the person has been previously convicted under this 11 subsection or (b) of this section two or more times within 15 years of the date of 12 the present offense. 13 * Sec. 4. AS 04.16.200 is amended by adding new subsections to read: 14 (g) Upon conviction of a class A misdemeanor under (e)(1) of this section, the 15 court 16 (1) shall impose a minimum sentence of imprisonment of 17 (A) not less than 72 consecutive hours and a fine of not less 18 than $1,500 if the person has not been previously convicted; 19 (B) not less than 20 days and a fine of not less than $3,000 if 20 the person has been previously convicted once; 21 (C) not less than 60 days and a fine of not less than $4,000 if 22 the person has been previously convicted twice and is not subject to 23 punishment under (h) of this section; 24 (D) not less than 120 days and a fine of not less than $5,000 if 25 the person has been previously convicted three times and is not subject to 26 punishment under (h) of this section; 27 (E) not less than 240 days and a fine of not less than $6,000 if 28 the person has been previously convicted four times and is not subject to 29 punishment under (h) of this section; 30 (F) not less than 360 days and a fine of not less than $7,000 if 31 the person has been previously convicted more than four times and is not
01 subject to punishment under (h) of this section; 02 (2) may not 03 (A) suspend execution of sentence or grant probation except on 04 the condition that the person 05 (i) serve the minimum imprisonment under (1) of this 06 subsection; and 07 (ii) pay the minimum fine required under (1) of this 08 subsection; or 09 (B) suspend imposition of sentence. 10 (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this 11 section, the court 12 (1) shall impose a fine of not less than $10,000 and a minimum 13 sentence of imprisonment of 14 (A) 120 days if the person has been previously convicted once; 15 (B) 240 days if the person has been previously convicted two 16 times; 17 (C) 360 days if the person has been previously convicted three 18 or more times; 19 (2) may not 20 (A) suspend execution of sentence or grant probation except on 21 the condition that the person 22 (i) serve the minimum imprisonment under (1) of this 23 subsection; and 24 (ii) pay the minimum fine required under (1) of this 25 subsection; or 26 (B) suspend imposition of sentence. 27 (i) In (g) of this section, "previously convicted" means having been convicted, 28 within the 15 years preceding the date of the present offense, of an offense under (b) 29 or (e) of this section or a law or ordinance of another jurisdiction having elements 30 similar to those offenses. 31 (j) In (h) of this section, "previously convicted" means having been convicted,
01 within the 15 years preceding the date of the present offense, of a felony offense under 02 (b) or (e) of this section or a law or ordinance of another jurisdiction having elements 03 similar to those felony offenses. 04 (k) The court shall consider the date of a previous conviction as occurring on 05 the date that sentence is imposed for the prior offense. 06 * Sec. 5. AS 08.76.010 is amended by adding a new subsection to read: 07 (b) A person who lends money on secondhand articles under (a) of this section 08 and is located in a municipality that has a population of over 5,000 shall also maintain 09 an electronic record that provides the information required by (a)(1) and (4) of this 10 section for the secondhand articles on which the person lends money. The person shall 11 submit the electronic record as required by the municipal law enforcement agency. 12 * Sec. 6. AS 08.76.020 is amended to read: 13 Sec. 08.76.020. Manner of recording entry. The entries in the book and the 14 electronic record required by AS 08.76.010 shall appear in chronological order and, 15 when made in a book, in ink or indelible pencil. Blank lines may not be left between 16 entries. Obliterations, alterations, or erasures may not be made. Corrections shall be 17 made by drawing a line [IN INK] through the entry without destroying its legibility, 18 and, when made in a book, the line shall be drawn in ink. The book shall be open 19 to the inspection of a peace officer at reasonable times. 20 * Sec. 7. AS 11.46.230(a) is amended to read: 21 (a) In a civil or criminal action upon the complaint of a person who has been 22 detained in or in the immediate vicinity of a commercial establishment for the purpose 23 of investigation or questioning as to the ownership of merchandise, it is a defense that 24 (1) the person was detained in a reasonable manner and for not more 25 than a reasonable time to permit investigation or questioning by a peace officer or by 26 the owner of the commercial establishment or the owner's agent; and 27 (2) the peace officer, owner, or owner's agent had probable cause to 28 believe that the person detained was committing or attempting to commit concealment 29 of merchandise or theft from the commercial establishment. 30 * Sec. 8. AS 11.46.295 is amended to read: 31 Sec. 11.46.295. Prior convictions. For purposes of considering prior
01 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 02 11.46.140(a)(3), or in prosecuting the crime of concealment of merchandise under 03 AS 11.46.220(c), a conviction for an offense under another law or ordinance with 04 similar elements is a conviction of an offense having elements similar to those of an 05 offense defined as such under Alaska law at the time the offense was committed. The 06 court shall consider the date of a prior conviction as occurring on the date that 07 sentence is imposed for the prior offense. 08 * Sec. 9. AS 11.46.410(a) is amended to read: 09 (a) A person commits the crime of arson in the second degree if the person 10 knowingly [INTENTIONALLY] damages a building by starting a fire or causing an 11 explosion. 12 * Sec. 10. AS 11.46 is amended by adding a new section to read: 13 Sec. 11.46.427. Criminally negligent burning in the first degree. (a) A 14 person commits the crime of criminally negligent burning in the first degree if the 15 person 16 (1) violates AS 11.46.430; and 17 (2) within the preceding 10 years, has been convicted on two separate 18 occasions of violating AS 11.46.400 - 11.46.430 or AS 41.15.150 or a law or 19 ordinance of this or another jurisdiction with elements similar to those offenses. 20 (b) Criminally negligent burning in the first degree is a class C felony. 21 * Sec. 11. AS 11.46.430 is amended to read: 22 Sec. 11.46.430. Criminally negligent burning in the second degree. (a) A 23 person commits the crime of criminally negligent burning in the second degree if 24 with criminal negligence the person damages property of another by fire or explosion. 25 (b) Criminally negligent burning in the second degree is a class A 26 misdemeanor. 27 * Sec. 12. AS 12.35.010(a) is amended to read: 28 (a) A judicial officer may issue a search warrant upon a showing of probable 29 cause, supported by oath or affirmation, and particularly describing the place to be 30 searched and the thing to be seized. The court may issue a search warrant for a 31 place or property located either in the state or outside the state.
01 * Sec. 13. AS 12.35.015(a) is amended to read: 02 (a) A judicial officer may issue a search warrant upon the sworn oral 03 testimony of a person communicated by telephone or other appropriate means, or 04 sworn affidavit transmitted by facsimile machine [, IF THE JUDICIAL OFFICER 05 FINDS THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT 06 (1) THE PRESENTATION OF THE APPLICANT'S AFFIDAVIT OR 07 TESTIMONY PERSONALLY BEFORE THE JUDICIAL OFFICER WOULD 08 RESULT IN A DELAY IN OBTAINING OR EXECUTING A SEARCH 09 WARRANT; AND 10 (2) THE DELAY MIGHT RESULT IN LOSS OR DESTRUCTION 11 OF THE EVIDENCE SUBJECT TO SEIZURE OR MIGHT INTERFERE WITH AN 12 ONGOING INVESTIGATION]. 13 * Sec. 14. AS 12.47.110(a) is amended to read: 14 (a) When the trial court determines by a preponderance of the evidence, in 15 accordance with AS 12.47.100, that a defendant is so incompetent that the defendant is 16 unable to understand the proceedings against the defendant or to assist in the 17 defendant's own defense, the court shall order the proceedings stayed, except as 18 provided in (d) of this section shall, [AND MAY] commit a [THE] defendant 19 charged with a felony and may commit a defendant charged with any other crime 20 to the custody of the commissioner of health and social services or the commissioner's 21 authorized representative for further evaluation and treatment until the defendant is 22 mentally competent to stand trial, or until the pending charges against the defendant 23 are disposed of according to law, but in no event longer than 90 days. 24 * Sec. 15. AS 12.47.110(b) is amended to read: 25 (b) On or before the expiration of the initial 90-day period of commitment, the 26 court shall conduct a hearing to determine whether or not the defendant remains 27 incompetent. If the court finds by a preponderance of the evidence that the defendant 28 remains incompetent, the court may recommit the defendant for a second period of 90 29 days. The court shall determine at the expiration of the second 90-day period whether 30 the defendant has become competent. If, at the expiration of the second 90-day period, 31 the court determines that the defendant continues to be incompetent to stand trial, the
01 charges against the defendant shall be dismissed without prejudice, and continued 02 commitment of the defendant shall be governed by the provisions relating to civil 03 commitments under AS 47.30.700 - 47.30.915 unless the defendant is charged with a 04 crime involving force against a person and the court finds that the defendant presents a 05 substantial danger of physical injury to other persons and that there is a substantial 06 probability that the defendant will regain competency within a reasonable period of 07 time, in which case the court may extend the period of commitment for an additional 08 six months. If the defendant remains incompetent at the expiration of the additional 09 six-month period, the charges shall be dismissed without prejudice, and continued 10 [EITHER CIVIL] commitment proceedings shall be governed by the provisions 11 relating to civil commitment under AS 47.30.700 - 47.30.915 [INSTITUTED OR 12 THE COURT SHALL ORDER THE RELEASE OF THE DEFENDANT]. If the 13 defendant remains incompetent for five years after the charges have been dismissed 14 under this subsection, the defendant may not be charged again for an offense arising 15 out of the facts alleged in the original charges, except if the original charge is a class A 16 felony or unclassified felony. 17 * Sec. 16. AS 12.47.110 is amended by adding a new subsection to read: 18 (e) A defendant charged with a felony and found to be incompetent to proceed 19 under this section is rebuttably presumed to be mentally ill and to present a likelihood 20 of serious harm to self or others in proceedings under AS 47.30.700 - 47.30.915. In 21 evaluating whether a defendant is likely to cause serious harm, the court may consider 22 as recent behavior the conduct with which the defendant was originally charged. 23 * Sec. 17. AS 12.55.090(a) is amended to read: 24 (a) Probation may be granted whether the offense under AS 11 or AS 16 or 25 the crime is punishable by fine or imprisonment or both. If an offense under AS 11 26 or AS 16 or a crime is punishable by both fine and imprisonment, the court may 27 impose a fine and place the defendant on probation as to imprisonment. Probation may 28 be limited to one or more counts or indictments, but, in the absence of express 29 limitation, shall extend to the entire sentence and judgment. 30 * Sec. 18. AS 12.55.155(c)(8) is amended to read: 31 (8) the defendant's prior criminal history includes conduct involving
01 aggravated assaultive behavior or repeated instances of assaultive behavior; in this 02 paragraph, "aggravated assaultive behavior" means assault that is a felony 03 under AS 11.41, or a similar provision in another jurisdiction; 04 * Sec. 19. AS 12.55.155(f) is amended to read: 05 (f) If the state seeks to establish a factor in aggravation at sentencing 06 (1) under (c)(7), (8), (12), (15), (18)(B), (19), (20), (21), or (31) of this 07 section, or if the defendant seeks to establish a factor in mitigation at sentencing, 08 written notice must be served on the opposing party and filed with the court not later 09 than 10 days before the date set for imposition of sentence; the factors in aggravation 10 listed in this paragraph and factors in mitigation must be established by clear and 11 convincing evidence before the court sitting without a jury; all findings must be set out 12 with specificity; 13 (2) other than one listed in (1) of this subsection, the factor shall be 14 presented to a trial jury under procedures set by the court, unless the defendant waives 15 trail by jury, stipulates to the existence of the factor, or consents to have the factor 16 proven under procedures set out in (1) of this subsection; a factor in aggravation 17 presented to a jury is established if proved beyond a reasonable doubt; written notice 18 of the intent to establish a factor in aggravation must be served on the defendant and 19 filed with the court 20 (A) 20 days before trial, or at another time specified by the 21 court; 22 (B) within 48 hours, or at a time specified by the court, if the 23 court instructs the jury about the option to return a verdict for a lesser included 24 offense; or 25 (C) five days before entering a plea that results in a finding of 26 guilt, or at another time specified by the court. 27 * Sec. 20. AS 12.70.280(2) is amended to read: 28 (2) "governor" includes 29 (A) a person performing the functions of governor by authority 30 of the law of this state; and 31 (B) the lieutenant governor or the head of a principal
01 department in the executive branch appointed by the governor to act on 02 behalf of the governor in performing extradition duties under this 03 chapter; the appointment shall be in writing and filed with the lieutenant 04 governor; 05 * Sec. 21. AS 12.72.020(a) is amended to read: 06 (a) A claim may not be brought under AS 12.72.010 or the Alaska Rules of 07 Criminal Procedure if 08 (1) the claim is based on the admission or exclusion of evidence at trial 09 or on the ground that the sentence is excessive; 10 (2) the claim was, or could have been but was not, raised in a direct 11 appeal from the proceeding that resulted in the conviction; 12 (3) the later of the following dates has passed, except that if the 13 applicant claims that the sentence was illegal there is no time limit on the claim: 14 (A) if the claim relates to a conviction, 18 months [TWO 15 YEARS] after the entry of the judgment of the conviction or, if the conviction 16 was appealed, one year after the court's decision is final under the Alaska 17 Rules of Appellate Procedure; 18 (B) if the claim relates to a court revocation of probation, 18 19 months [TWO YEARS] after the entry of the court order revoking probation 20 or, if the order revoking probation was appealed, one year after the court's 21 decision is final under the Alaska Rules of Appellate Procedure; 22 (4) one year or more has elapsed from the final administrative decision 23 of the Board of Parole or the Department of Corrections that is being collaterally 24 attacked; 25 (5) the claim was decided on its merits or on procedural grounds in any 26 previous proceeding; or 27 (6) a previous application for post-conviction relief has been filed 28 under this chapter or under the Alaska Rules of Criminal Procedure. 29 * Sec. 22. AS 12.72.020(b) is amended to read: 30 (b) Notwithstanding (a)(3) and (4) of this section, a court may hear a claim 31 (1) if the applicant establishes due diligence in presenting the claim
01 and sets out facts supported by admissible evidence establishing that the applicant 02 (A) suffered from a physical disability or from a mental disease 03 or defect that precluded the timely assertion of the claim; or 04 (B) was physically prevented by an agent of the state from 05 filing a timely claim; 06 (2) based on newly discovered evidence if the applicant establishes due 07 diligence in presenting the claim and sets out facts supported by evidence that is 08 admissible and 09 (A) was not known within 10 (i) 18 months [TWO YEARS] after entry of the 11 judgment of conviction if the claim relates to a conviction; 12 (ii) 18 months [TWO YEARS] after entry of a court 13 order revoking probation if the claim relates to a court's revocation of 14 probation; or 15 (iii) one year after an administrative decision of the 16 Board of Parole or the Department of Corrections is final if the claim 17 relates to the administrative decision; 18 (B) is not cumulative to the evidence presented at trial; 19 (C) is not impeachment evidence; and 20 (D) establishes by clear and convincing evidence that the 21 applicant is innocent. 22 * Sec. 23. AS 12.72.020 is amended by adding a new subsection to read: 23 (d) The court may not consider a substantive claim in an application brought 24 under AS 12.72.010 or the Alaska Rules of Criminal Procedure until the court has first 25 determined that 26 (1) the application is timely; and 27 (2) except for an application described in AS 12.72.025 or allowed 28 under (c) of this section, no previous application has been filed. 29 * Sec. 24. AS 16.05.925(b) is amended to read: 30 (b) In addition to a penalty imposed under (a) of this section or any other 31 penalty for violation of this title or a regulation adopted under this title, a person
01 who is convicted of unlawfully taking an animal listed in this subsection may be 02 ordered by the court to pay restitution to the state in the amount set out in this 03 subsection for each animal unlawfully taken: 04 (1) Bear, black ............................................................................ $ 600 05 (2) Bear, brown or grizzly .......................................................... 1,300 06 (3) Bison ..................................................................................... 1,300 07 (4) Caribou ..................................................................................... 850 08 (5) Deer .......................................................................................... 400 09 (6) Elk ............................................................................................ 80 10 (7) Goat .......................................................................................... 800 11 (8) Moose .................................................................................... 1,000 12 (9) Musk oxen ............................................................................. 3,000 13 (10) Sheep ................................................................................... 1,100 14 (11) Wolf ....................................................................................... 500 15 (12) Wolverine .............................................................................. 500. 16 * Sec. 25. AS 28.15.191(a) is amended to read: 17 (a) A court that convicts a person of an offense under this title or a regulation 18 adopted under this title, or another law or regulation of this state [,] or a municipal 19 ordinance that regulates the driving of vehicles, or a violation of AS 04.16.050 shall 20 forward a record of the conviction to the department within five working days. A 21 conviction of a standing or parking offense need not be reported. 22 * Sec. 26. AS 28.35.028(a) is amended to read: 23 (a) Notwithstanding another provision of law, with the consent of the state and 24 the defendant, the court may elect to proceed in a criminal case under AS 04.16.200(b) 25 or (e), AS 28.35.030, or 28.35.032, including the case of a defendant charged with 26 violating the terms of probation, under the procedure provided in this section and 27 order the defendant to complete a court-ordered treatment program. The state may not 28 consent to a referral under this subsection unless the state has consulted with the 29 victim and explained the process and consequences of the referral to the victim. A 30 court may not elect to proceed under this section if the defendant has previously 31 participated in a court-ordered treatment program under this section two or more
01 times. 02 * Sec. 27. AS 43.23 is amended by adding a new section to read: 03 Sec. 43.23.021. Delayed payment of certain dividends. (a) Notwithstanding 04 other provisions regarding the payment of permanent fund dividends, if an individual 05 is required to register as a sex offender or child kidnapper under AS 12.63 and has not 06 registered or has not completed the required periodic verifications or notices required 07 under AS 12.63, payment of the dividend for that individual shall be delayed. 08 (b) If payment of a dividend is delayed, the department shall notify the 09 individual in writing of the delayed payment status, explain the requirements of this 10 section, and request proof of registration and compliance with the verifications and 11 notices required under AS 12.63. The dividend may not be paid unless, within one 12 year after the notification, the department determines that the individual has registered 13 and is in compliance with the verifications and notices required under AS 12.63. 14 (c) The permanent fund dividend of an individual for whom payment has been 15 delayed, but that remains payable under (b) of this section, is subject to levy, 16 execution, garnishment, attachment, or any other remedy for the collection of debt. 17 The department shall immediately pay that dividend, or the portion of it that has been 18 claimed by a debtor, as provided in AS 43.23.065 - 43.23.068. 19 (d) If an individual for whom payment of a permanent fund dividend has been 20 delayed but remains payable under (b) of this section dies before the dividend is paid 21 or payable, the department shall pay the dividend to a personal representative of the 22 individual's estate. 23 (e) The department shall include notice with the dividend application form of 24 the requirements of (a) and (b) of this section. 25 * Sec. 28. AS 43.23.025(a) is amended to read: 26 (a) By October 1 of each year, the commissioner shall determine the value of 27 each permanent fund dividend for that year by 28 (1) determining the total amount available for dividend payments, 29 which equals 30 (A) the amount of income of the Alaska permanent fund 31 transferred to the dividend fund under AS 37.13.145(b) during the current year;
01 (B) plus the unexpended and unobligated balances of prior 02 fiscal year appropriations that lapse into the dividend fund under 03 AS 43.23.045(d); 04 (C) less the amount necessary to pay prior year dividends from 05 the dividend fund in the current year under AS 43.23.005(h), 43.23.021, and 06 43.23.055(3) and (7) [UNDER AS 43.23.055(3) AND (7)]; 07 (D) less the amount necessary to pay dividends from the 08 dividend fund due to eligible applicants who, as determined by the department, 09 filed for a previous year's dividend by the filing deadline but who were not 10 included in a previous year's dividend computation; 11 (E) less appropriations from the dividend fund during the 12 current year, including amounts to pay costs of administering the dividend 13 program and the hold harmless provisions of AS 43.23.075; 14 (2) determining the number of individuals eligible to receive a 15 dividend payment for the current year and the number of estates and successors 16 eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 17 (3) dividing the amount determined under (1) of this subsection by the 18 amount determined under (2) of this subsection. 19 * Sec. 29. AS 43.23.028(b) is amended to read: 20 (b) To the extent that amounts appropriated for a fiscal year do not exceed the 21 total amount that would have been paid during the previous fiscal year to individuals 22 who were ineligible to receive dividends under AS 43.23.005(d) or under 23 AS 43.23.021(b) if they had been eligible, the notice requirements of (a)(3) of this 24 section do not apply to appropriations from the dividend fund to 25 (1) the crime victim compensation fund established under 26 AS 18.67.162 for payments to crime victims; 27 (2) the council on domestic violence and sexual assault established 28 under AS 18.66.010 for grants for the operation of domestic violence and sexual 29 assault programs; 30 (3) the Department of Corrections for incarceration and probation 31 programs;
01 (4) the office of victims' rights; or 02 (5) nonprofit victims' rights organizations for grants for services to 03 crime victims. 04 * Sec. 30. AS 47.17.023 is repealed and reenacted to read 05 Sec. 47.17.023. Reports from certain persons regarding child 06 pornography. A person providing, either privately or commercially, film, photo, or 07 visual or printed matter processing, production, or finishing services or computer 08 installation, repair, or other services, or Internet or cellular telephone services who, in 09 the process of providing those services, observes a film, photo, picture, computer file, 10 image, or other matter and has reasonable cause to suspect that the film, photo, 11 picture, computer file, image, or other matter visually depicts a child engaged in 12 conduct described in AS 11.41.455(a) shall immediately report the observation to the 13 nearest law enforcement agency and provide the law enforcement agency with all 14 information known about the nature and origin of the film, photo, picture, computer 15 file, image, or other matter. 16 * Sec. 31. AS 47.30.780 is amended to read: 17 Sec. 47.30.780. Early discharge. Except as provided in (b) of this section, 18 the [THE] professional person in charge shall at any time discharge a respondent on 19 the ground that the respondent is no longer gravely disabled or likely to cause serious 20 harm as a result of mental illness. A certificate to this effect shall be sent to the court, 21 which shall enter an order officially terminating the involuntary commitment. 22 * Sec. 32. AS 47.30.780 is amended to add a new subsection to read: 23 (b) The professional person in charge shall give the prosecuting authority 10 24 days' notice before discharging a respondent who was committed after having been 25 found incompetent to proceed under AS 12.47.110. 26 * Sec. 33. The uncodified law of the State of Alaska enacted in sec. 36(c), ch. 24, SLA 27 2007, is amended to read: 28 (c) AS 12.72.025, enacted by sec. 25, ch. 24, SLA 2007 [OF THIS ACT], 29 applies to offenses committed before, on, or after the effective date of sec. 25, ch. 24, 30 SLA 2007 [OF THIS ACT]. A person whose application for post-conviction relief was 31 denied before the effective date of sec. 25, ch. 24, SLA 2007 [OF THIS ACT] has
01 until July 1, 2008, to file a claim described in AS 12.72.025. This subsection does not 02 authorize filing a claim under AS 12.72 or the Alaska Rules of Criminal 03 Procedure that is not otherwise available under AS 12.72, the Alaska Rules of 04 Criminal Procedure, or other provision of law. 05 * Sec. 34. AS 12.35.015(f) is repealed. 06 * Sec. 35. AS 11.71.310 and AS 12.20.010 are repealed. 07 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 DIRECT COURT RULE AMENDMENT. Rule 37(b), Alaska Rules of 10 Criminal Procedure, is amended to read: 11 (b) Execution and Return with Inventory. The warrant shall be executed 12 and returned within 30 [10] days after its date of issuance. However, upon sworn 13 application made before the expiration of the initial 30 [10] day period or any 14 subsequent extension, the court may for good cause extend the execution period for a 15 reasonable time not to exceed 30 [10] days. Good cause includes protecting the 16 confidentiality of an ongoing investigation and protecting a person working with 17 law enforcement authorities on an investigation. The officer taking property under 18 the warrant 19 (1) shall give to the person from whom or from whose premises the 20 property was taken a copy of the warrant, a copy of the supporting affidavits, and 21 receipt for the property taken, or 22 (2) shall leave the copies and the receipt at the place from which the 23 property was taken. 24 The return shall be made promptly and shall be accompanied by a 25 written inventory of any property taken as a result of the search pursuant to or in 26 conjunction with the warrant. The inventory shall be made in the presence of the 27 applicant for the warrant and the person from whose possession or premises the 28 property was taken, if they are present, or in the presence of at least one credible 29 person other than the applicant for the warrant or the person from whose possession or 30 premises the property was taken, and shall be signed by the officer under the penalty 31 of perjury pursuant to AS 09.63.020 or sworn to in front of a magistrate or judge, or a
01 notary public. The magistrate or judge or the court to which the return is made shall 02 upon request deliver a copy of the inventory to the person from whom or from whose 03 premises the property was taken and to the applicant for the warrant. 04 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 INDIRECT COURT RULE AMENDMENT. The provisions of AS 12.72.020(a) and 07 (b), as amended by secs. 21 and 22 of this Act, and the provisions of AS 12.72.020(d), as 08 added by sec. 23 of this Act, have the effect of amending Rule 35.1, Alaska Rule of Criminal 09 Procedure, by restricting the authority of a court to hear certain applications, claims, or 10 proceedings for post-conviction relief and by prescribing a procedure for a court to determine 11 if an application, claim, or proceeding may be considered. 12 * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. (a) Sections 1 - 4, 9 - 11, 17 - 19, 24 - 26, and 35 of this Act apply 15 to an offense occurring on or after the effective date of this section. References to previous 16 convictions in secs. 3 and 4 of this Act apply to convictions occurring before, on, or after the 17 effective date of those sections. 18 (b) Section 8 of this Act applies to an offense occurring before, on, or after the 19 effective date of this section. 20 (c) Sections 12, 13, 34, and 36 of this Act apply to search warrants applied for on or 21 after the effective date of this section, regardless of whether the offense occurred before, on, 22 or after the effective date of this section. 23 (d) Sections 14 - 16, 31, and 32 of this Act apply to procedures occurring after the 24 effective date of this section, regardless of whether the offense occurred before, on, or after 25 the effective date of this section. 26 (e) Section 20 of this Act applies to applications for criminal extraditions submitted 27 on or after the effective date of this section, regardless of whether the offense occurred before, 28 on, or after the effective date of this section. 29 (f) Section 7 of this Act applies to offenses occurring and actions arising on or after 30 the effective date of this section. 31 (g) Sections 21 - 23 and 37 of this Act apply to applications submitted on or after the
01 effective date of this section. 02 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the application 05 of it to any person or circumstance, is held invalid, the remainder of this Act and the 06 application to other persons or circumstances are not affected. 07 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 RETROACTIVITY. Section 33 of this Act is retroactive to July 1, 2007. 10 * Sec. 41. Sections 33 and 39 of this Act take effect immediately under AS 01.10.070(c). 11 * Sec. 42. Sections 27 and 28 of this Act take effect January 1, 2009. 12 * Sec. 43. Except as provided in secs. 41 and 42 of this Act, this Act takes effect July 1, 13 2008.