Enrolled SB 265: Relating to the term of probation for persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol; relating to termination of probation for certain persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol; 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.
00Enrolled SB 265 01 Relating to the term of probation for persons convicted of minor consuming or in possession 02 or control of alcohol or repeat minor consuming or in possession or control of alcohol; 03 relating to termination of probation for certain persons convicted of minor consuming or in 04 possession or control of alcohol or repeat minor consuming or in possession or control of 05 alcohol; relating to furnishing or delivering alcoholic beverages to persons under 21 years of 06 age; relating to shipping, sending, transporting, or bringing alcohol to a local option area and 07 providing alcohol to others in the local option area, including penalties for violations; relating 08 to reports of alcohol violations by minors; relating to the payment of permanent fund 09 dividends to certain individuals required to register as sex offenders or child kidnappers; 10 relating to public notice requirements relating to amounts that would have been paid as 11 dividends to certain individuals required to register as sex offenders or child kidnappers;
01 relating to certain persons who lend money on secondhand articles; relating to arson and 02 criminally negligent burning; relating to defenses for the detention of persons suspected of 03 committing concealment of merchandise or theft; relating to the determination of time of a 04 conviction; relating to issuance of search warrants; relating to persons found incompetent to 05 stand trial concerning criminal conduct; relating to probation for certain offenses; relating to 06 restitution for fish and game violations; relating to aggravating factors at sentencing; relating 07 to post-conviction relief proceedings; relating to criminal extradition authority of the 08 governor; removing the statutory bar to prosecution of certain crimes; relating to the reporting 09 of suspected child pornography by certain persons; amending Rule 37(b), Alaska Rules of 10 Criminal Procedure, relating to execution of warrants, and Rule 35.1, Alaska Rules of 11 Criminal Procedure; and providing for an effective date. 12 _______________ 13 * Section 1. AS 04.16.050(b) is amended to read: 14 (b) A person who violates (a) of this section and who has not been previously 15 convicted or received a suspended imposition of sentence under (1) of this subsection 16 is guilty of minor consuming or in possession or control. Upon conviction in the 17 district court, the court 18 (1) may grant a suspended imposition of sentence under AS 12.55.085 19 and place the person on probation for up to one year [OR UNTIL THE PERSON IS 20 21 YEARS OF AGE, WHICHEVER IS LATER,] if the person has not been convicted 21 of a violation of this section previously; among the conditions of probation, the court 22 shall, with the consent of a community diversion panel, refer the person to the panel, 23 and require the person to comply with conditions set by the panel, including 24 counseling, education, treatment, community work, and payment of fees; in this 25 paragraph, "community diversion panel" means a youth court or other group selected 26 by the court to serve as a sentencing option for a person convicted under this section; 27 or
01 (2) shall impose a fine of at least $200 but not more than $600, shall 02 require the person to attend alcohol information school if the school is available, and 03 shall place the person on probation for up to one year under (e) of this section; the 04 court may suspend a portion of the fine imposed under this paragraph that exceeds 05 $200 if the person is required to pay for education or treatment required under (e) of 06 this section. 07 * Sec. 2. AS 04.16.050(c) is amended to read: 08 (c) A person is guilty of repeat minor consuming or in possession or control if 09 the person was placed on probation under (b)(1) [(b)] of this section or has been 10 previously convicted once, and the person violates (a) of this section. Upon conviction 11 in the district court, the court shall 12 (1) impose a fine of $1,000 and require at least 48 hours of community 13 work; 14 (2) revoke the person's driver's license for three months; 15 (3) take possession of the person's driver's license; and 16 (4) suspend up to $500 of the fine and place the person on probation 17 for up to one year under (e) of this section. 18 * Sec. 3. AS 04.16.050(d) is amended to read: 19 (d) A person is guilty of habitual minor consuming or in possession or control 20 if the person was placed on probation under (c) of this section, or has been previously 21 convicted twice, and the person violates (a) of this section. Habitual minor consuming 22 or in possession or control is a class B misdemeanor. Upon conviction, the court may 23 impose an appropriate period of imprisonment and fine and place the person on 24 probation under (e) of this section for one year, or until the person is 21 years of 25 age, whichever is later, and shall 26 (1) impose at least 96 hours of community work; 27 (2) revoke the person's driver's license for six months; 28 (3) within five working days, notify the agency responsible for the 29 administration of motor vehicle laws of the revocation; and 30 (4) take possession of the person's driver's license. 31 * Sec. 4. AS 04.16.050(e) is amended to read:
01 (e) The court shall place a person sentenced under (b)(2) [(b)], (c), or (d) of 02 this section on probation for the appropriate period [ONE YEAR, OR UNTIL THE 03 PERSON IS 21 YEARS OF AGE, WHICHEVER IS LATER]. The person may not 04 refuse probation. The court may require the person to pay for and enroll in a juvenile 05 alcohol safety action program, if one is available. The court shall impose the following 06 conditions of probation: 07 (1) the person shall pay for and successfully complete any education or 08 treatment recommended; 09 (2) the person may not consume inhalants or possess or consume 10 controlled substances or alcoholic beverages, except as provided in AS 04.16.051(b); 11 (3) the person shall timely complete any community work ordered, as 12 provided in (f) of this section; and 13 (4) other conditions the court considers appropriate. 14 * Sec. 5. AS 04.16.050 is amended by adding a new subsection to read: 15 (l) Notwithstanding (b), (c), and (e) of this section, a person sentenced under 16 (b) or (c) of this section may make a motion to the court to terminate probation of that 17 person before the end of the probationary period required under those subsections. 18 The court may grant the motion if the court finds, by clear and convincing evidence, 19 that 20 (1) the person completed any community work ordered under (f) of 21 this section; 22 (2) the person has successfully completed any education or treatment 23 program ordered by the court and, if required by the court, has either 24 (A) paid for the programs; or 25 (B) made a good faith effort to pay for the programs, agreed to 26 have the debt reduced to a civil judgment, entered into a repayment plan with 27 the provider or the state, and agreed that the civil judgment may be enforced in 28 the manner provided for restitution and fines in AS 12.55.051; 29 (3) the person has either 30 (A) paid the fine; or 31 (B) made a good faith effort to pay the fine, agreed to have the
01 remaining fine amount reduced to a civil judgment, entered into a plan with the 02 state, and agreed that the civil judgment may be enforced in the manner 03 provided for restitution and fines in AS 12.55.051; and 04 (4) the person has substantially complied with the other conditions of 05 probation. 06 * Sec. 6. AS 04.16.051(a) is amended to read: 07 (a) A person may not furnish or deliver an alcoholic beverage to a person 08 under the age of 21 years. This subsection does not apply to a licensee or an agent 09 or employee of a licensee while working on licensed premises. 10 * Sec. 7. AS 04.16.052 is amended to read: 11 Sec. 04.16.052. Furnishing of alcoholic beverages to persons under the age 12 of 21 by licensees. A licensee or an agent or employee of the licensee may not with 13 criminal negligence 14 (1) allow another person to sell, barter, or give an alcoholic beverage 15 to a person under the age of 21 years within licensed premises; 16 (2) allow a person under the age of 21 years to enter and remain within 17 licensed premises except as provided in AS 04.16.049; 18 (3) allow a person under the age of 21 years to consume an alcoholic 19 beverage within licensed premises; 20 (4) allow a person under the age of 21 years to sell or serve alcoholic 21 beverages; 22 (5) while working on licensed premises, furnish or deliver alcoholic 23 beverages to a person under the age of 21 years. 24 * Sec. 8. AS 04.16.200(e) is amended to read: 25 (e) A person who sends, transports, or brings alcoholic beverages into a 26 municipality or established village in violation of AS 04.11.499(a) is, upon conviction, 27 (1) except as provided in (3) of this subsection, guilty of a class A 28 misdemeanor if the quantity of alcoholic beverages is less than 10 and one-half liters 29 of distilled spirits, 24 liters of wine, or 12 gallons of malt beverages; [OR] 30 (2) guilty of a class C felony if the quantity of alcoholic beverages is 31 10 and one-half liters or more of distilled spirits, 24 liters or more of wine, or 12
01 gallons or more of malt beverages; or 02 (3) guilty of a class C felony if the quantity of alcoholic beverages 03 is less than 10 and one-half liters of distilled spirits, 24 liters of wine, or 12 gallons 04 of malt beverages and the person has been previously convicted under this 05 subsection or (b) of this section two or more times within 15 years of the date of 06 the present offense. 07 * Sec. 9. AS 04.16.200 is amended by adding new subsections to read: 08 (g) Upon conviction of a class A misdemeanor under (e)(1) of this section, the 09 court 10 (1) shall impose a minimum sentence of imprisonment of 11 (A) not less than 72 consecutive hours and a fine of not less 12 than $1,500 if the person has not been previously convicted; 13 (B) not less than 20 days and a fine of not less than $3,000 if 14 the person has been previously convicted once; 15 (C) not less than 60 days and a fine of not less than $4,000 if 16 the person has been previously convicted twice and is not subject to 17 punishment under (h) of this section; 18 (D) not less than 120 days and a fine of not less than $5,000 if 19 the person has been previously convicted three times and is not subject to 20 punishment under (h) of this section; 21 (E) not less than 240 days and a fine of not less than $6,000 if 22 the person has been previously convicted four times and is not subject to 23 punishment under (h) of this section; 24 (F) not less than 360 days and a fine of not less than $7,000 if 25 the person has been previously convicted more than four times and is not 26 subject to punishment under (h) of this section; 27 (2) may not 28 (A) suspend execution of sentence or grant probation except on 29 the condition that the person 30 (i) serve the minimum imprisonment under (1) of this 31 subsection; and
01 (ii) pay the minimum fine required under (1) of this 02 subsection; or 03 (B) suspend imposition of sentence. 04 (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this 05 section, the court 06 (1) shall impose a fine of not less than $10,000 and a minimum 07 sentence of imprisonment of 08 (A) 120 days if the person has been previously convicted once; 09 (B) 240 days if the person has been previously convicted two 10 times; 11 (C) 360 days if the person has been previously convicted three 12 or more times; 13 (2) may not 14 (A) suspend execution of sentence or grant probation except on 15 the condition that the person 16 (i) serve the minimum imprisonment under (1) of this 17 subsection; and 18 (ii) pay the minimum fine required under (1) of this 19 subsection; or 20 (B) suspend imposition of sentence. 21 (i) In (g) of this section, "previously convicted" means having been convicted, 22 within the 15 years preceding the date of the present offense, of an offense under (b) 23 or (e) of this section or a law or ordinance of another jurisdiction having elements 24 similar to those offenses. 25 (j) In (h) of this section, "previously convicted" means having been convicted, 26 within the 15 years preceding the date of the present offense, of a felony offense under 27 (b) or (e) of this section or a law or ordinance of another jurisdiction having elements 28 similar to those felony offenses. 29 (k) The court shall consider the date of a previous conviction as occurring on 30 the date that sentence is imposed for the prior offense. 31 * Sec. 10. AS 08.76.010 is amended by adding a new subsection to read:
01 (b) A person who lends money on secondhand articles under (a) of this section 02 and is located in a municipality that has a population of over 5,000 shall also maintain 03 an electronic record that provides the information required by (a)(1) and (4) of this 04 section for the secondhand articles on which the person lends money. The person shall 05 submit the electronic record as required by the municipal law enforcement agency. 06 * Sec. 11. AS 08.76.020 is amended to read: 07 Sec. 08.76.020. Manner of recording entry. The entries in the book and the 08 electronic record required by AS 08.76.010 shall appear in chronological order and, 09 when made in a book, in ink or indelible pencil. Blank lines may not be left between 10 entries. Obliterations, alterations, or erasures may not be made. Corrections shall be 11 made by drawing a line [IN INK] through the entry without destroying its legibility, 12 and, when made in a book, the line shall be drawn in ink. The book shall be open 13 to the inspection of a peace officer at reasonable times. 14 * Sec. 12. AS 11.46.230(a) is amended to read: 15 (a) In a civil or criminal action upon the complaint of a person who has been 16 detained in or in the immediate vicinity of a commercial establishment for the purpose 17 of investigation or questioning as to the ownership of merchandise, it is a defense that 18 (1) the person was detained in a reasonable manner and for not more 19 than a reasonable time to permit investigation or questioning by a peace officer or by 20 the owner of the commercial establishment or the owner's agent; and 21 (2) the peace officer, owner, or owner's agent had probable cause to 22 believe that the person detained was committing or attempting to commit concealment 23 of merchandise or theft from the commercial establishment. 24 * Sec. 13. AS 11.46.295 is amended to read: 25 Sec. 11.46.295. Prior convictions. For purposes of considering prior 26 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 27 11.46.140(a)(3), or in prosecuting the crime of concealment of merchandise under 28 AS 11.46.220(c), a conviction for an offense under another law or ordinance with 29 similar elements is a conviction of an offense having elements similar to those of an 30 offense defined as such under Alaska law at the time the offense was committed. The 31 court shall consider the date of a prior conviction as occurring on the date that
01 sentence is imposed for the prior offense. 02 * Sec. 14. AS 11.46.410(a) is amended to read: 03 (a) A person commits the crime of arson in the second degree if the person 04 knowingly [INTENTIONALLY] damages a building by starting a fire or causing an 05 explosion. 06 * Sec. 15. AS 11.46 is amended by adding a new section to read: 07 Sec. 11.46.427. Criminally negligent burning in the first degree. (a) A 08 person commits the crime of criminally negligent burning in the first degree if the 09 person 10 (1) violates AS 11.46.430; and 11 (2) within the preceding 10 years, has been convicted on two separate 12 occasions of violating AS 11.46.400 - 11.46.430 or AS 41.15.150 or a law or 13 ordinance of this or another jurisdiction with elements similar to those offenses. 14 (b) Criminally negligent burning in the first degree is a class C felony. 15 * Sec. 16. AS 11.46.430 is amended to read: 16 Sec. 11.46.430. Criminally negligent burning in the second degree. (a) A 17 person commits the crime of criminally negligent burning in the second degree if 18 with criminal negligence the person damages property of another by fire or explosion. 19 (b) Criminally negligent burning in the second degree is a class A 20 misdemeanor. 21 * Sec. 17. AS 12.35.010(a) is amended to read: 22 (a) A judicial officer may issue a search warrant upon a showing of probable 23 cause, supported by oath or affirmation, and particularly describing the place to be 24 searched and the thing to be seized. The court may issue a search warrant for a 25 place or property located either in the state or outside the state. 26 * Sec. 18. AS 12.35.015(a) is amended to read: 27 (a) A judicial officer may issue a search warrant upon the sworn oral 28 testimony of a person communicated by telephone or other appropriate means, or 29 sworn affidavit transmitted by facsimile machine [, IF THE JUDICIAL OFFICER 30 FINDS THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT 31 (1) THE PRESENTATION OF THE APPLICANT'S AFFIDAVIT OR
01 TESTIMONY PERSONALLY BEFORE THE JUDICIAL OFFICER WOULD 02 RESULT IN A DELAY IN OBTAINING OR EXECUTING A SEARCH 03 WARRANT; AND 04 (2) THE DELAY MIGHT RESULT IN LOSS OR DESTRUCTION 05 OF THE EVIDENCE SUBJECT TO SEIZURE OR MIGHT INTERFERE WITH AN 06 ONGOING INVESTIGATION]. 07 * Sec. 19. AS 12.47.110(a) is amended to read: 08 (a) When the trial court determines by a preponderance of the evidence, in 09 accordance with AS 12.47.100, that a defendant is so incompetent that the defendant is 10 unable to understand the proceedings against the defendant or to assist in the 11 defendant's own defense, the court shall order the proceedings stayed, except as 12 provided in (d) of this section, and shall [MAY] commit a [THE] defendant charged 13 with a felony, and may commit a defendant charged with any other crime, to the 14 custody of the commissioner of health and social services or the commissioner's 15 authorized representative for further evaluation and treatment until the defendant is 16 mentally competent to stand trial, or until the pending charges against the defendant 17 are disposed of according to law, but in no event longer than 90 days. 18 * Sec. 20. AS 12.47.110(b) is amended to read: 19 (b) On or before the expiration of the initial 90-day period of commitment, the 20 court shall conduct a hearing to determine whether or not the defendant remains 21 incompetent. If the court finds by a preponderance of the evidence that the defendant 22 remains incompetent, the court may recommit the defendant for a second period of 90 23 days. The court shall determine at the expiration of the second 90-day period whether 24 the defendant has become competent. If, at the expiration of the second 90-day period, 25 the court determines that the defendant continues to be incompetent to stand trial, the 26 charges against the defendant shall be dismissed without prejudice, and continued 27 commitment of the defendant shall be governed by the provisions relating to civil 28 commitments under AS 47.30.700 - 47.30.915 unless the defendant is charged with a 29 crime involving force against a person and the court finds that the defendant presents a 30 substantial danger of physical injury to other persons and that there is a substantial 31 probability that the defendant will regain competency within a reasonable period of
01 time, in which case the court may extend the period of commitment for an additional 02 six months. If the defendant remains incompetent at the expiration of the additional 03 six-month period, the charges shall be dismissed without prejudice, and continued 04 [EITHER CIVIL] commitment proceedings shall be governed by the provisions 05 relating to civil commitment under AS 47.30.700 - 47.30.915 [INSTITUTED OR 06 THE COURT SHALL ORDER THE RELEASE OF THE DEFENDANT]. If the 07 defendant remains incompetent for five years after the charges have been dismissed 08 under this subsection, the defendant may not be charged again for an offense arising 09 out of the facts alleged in the original charges, except if the original charge is a class A 10 felony or unclassified felony. 11 * Sec. 21. AS 12.47.110 is amended by adding a new subsection to read: 12 (e) A defendant charged with a felony and found to be incompetent to proceed 13 under this section is rebuttably presumed to be mentally ill and to present a likelihood 14 of serious harm to self or others in proceedings under AS 47.30.700 - 47.30.915. In 15 evaluating whether a defendant is likely to cause serious harm, the court may consider 16 as recent behavior the conduct with which the defendant was originally charged. 17 * Sec. 22. AS 12.55.090(a) is amended to read: 18 (a) Probation may be granted whether the offense under AS 11 or AS 16 or 19 the crime is punishable by fine or imprisonment or both. If an offense under AS 11 20 or AS 16 or a crime is punishable by both fine and imprisonment, the court may 21 impose a fine and place the defendant on probation as to imprisonment. Probation may 22 be limited to one or more counts or indictments, but, in the absence of express 23 limitation, shall extend to the entire sentence and judgment. 24 * Sec. 23. AS 12.55.155(c)(8) is amended to read: 25 (8) the defendant's prior criminal history includes conduct involving 26 aggravated assaultive behavior or repeated instances of assaultive behavior; in this 27 paragraph, "aggravated assaultive behavior" means assault that is a felony 28 under AS 11.41, or a similar provision in another jurisdiction; 29 * Sec. 24. AS 12.55.155(f) is amended to read: 30 (f) If the state seeks to establish a factor in aggravation at sentencing 31 (1) under (c)(7), (8), (12), (15), (18)(B), (19), (20), (21), or (31) of this
01 section, or if the defendant seeks to establish a factor in mitigation at sentencing, 02 written notice must be served on the opposing party and filed with the court not later 03 than 10 days before the date set for imposition of sentence; the factors in aggravation 04 listed in this paragraph and factors in mitigation must be established by clear and 05 convincing evidence before the court sitting without a jury; all findings must be set out 06 with specificity; 07 (2) other than one listed in (1) of this subsection, the factor shall be 08 presented to a trial jury under procedures set by the court, unless the defendant waives 09 trail by jury, stipulates to the existence of the factor, or consents to have the factor 10 proven under procedures set out in (1) of this subsection; a factor in aggravation 11 presented to a jury is established if proved beyond a reasonable doubt; written notice 12 of the intent to establish a factor in aggravation must be served on the defendant and 13 filed with the court 14 (A) 20 days before trial, or at another time specified by the 15 court; 16 (B) within 48 hours, or at a time specified by the court, if the 17 court instructs the jury about the option to return a verdict for a lesser included 18 offense; or 19 (C) five days before entering a plea that results in a finding of 20 guilt, or at another time specified by the court. 21 * Sec. 25. AS 12.70.280(2) is amended to read: 22 (2) "governor" includes 23 (A) a person performing the functions of governor by authority 24 of the law of this state; and 25 (B) the lieutenant governor or the head of a principal 26 department in the executive branch appointed by the governor to act on 27 behalf of the governor in performing extradition duties under this 28 chapter; the appointment shall be in writing and filed with the lieutenant 29 governor; 30 * Sec. 26. AS 12.72.020(a) is amended to read: 31 (a) A claim may not be brought under AS 12.72.010 or the Alaska Rules of
01 Criminal Procedure if 02 (1) the claim is based on the admission or exclusion of evidence at trial 03 or on the ground that the sentence is excessive; 04 (2) the claim was, or could have been but was not, raised in a direct 05 appeal from the proceeding that resulted in the conviction; 06 (3) the later of the following dates has passed, except that if the 07 applicant claims that the sentence was illegal there is no time limit on the claim: 08 (A) if the claim relates to a conviction, 18 months [TWO 09 YEARS] after the entry of the judgment of the conviction or, if the conviction 10 was appealed, one year after the court's decision is final under the Alaska 11 Rules of Appellate Procedure; 12 (B) if the claim relates to a court revocation of probation, 18 13 months [TWO YEARS] after the entry of the court order revoking probation 14 or, if the order revoking probation was appealed, one year after the court's 15 decision is final under the Alaska Rules of Appellate Procedure; 16 (4) one year or more has elapsed from the final administrative decision 17 of the Board of Parole or the Department of Corrections that is being collaterally 18 attacked; 19 (5) the claim was decided on its merits or on procedural grounds in any 20 previous proceeding; or 21 (6) a previous application for post-conviction relief has been filed 22 under this chapter or under the Alaska Rules of Criminal Procedure. 23 * Sec. 27. AS 12.72.020(b) is amended to read: 24 (b) Notwithstanding (a)(3) and (4) of this section, a court may hear a claim 25 (1) if the applicant establishes due diligence in presenting the claim 26 and sets out facts supported by admissible evidence establishing that the applicant 27 (A) suffered from a physical disability or from a mental disease 28 or defect that precluded the timely assertion of the claim; or 29 (B) was physically prevented by an agent of the state from 30 filing a timely claim; 31 (2) based on newly discovered evidence if the applicant establishes due
01 diligence in presenting the claim and sets out facts supported by evidence that is 02 admissible and 03 (A) was not known within 04 (i) 18 months [TWO YEARS] after entry of the 05 judgment of conviction if the claim relates to a conviction; 06 (ii) 18 months [TWO YEARS] after entry of a court 07 order revoking probation if the claim relates to a court's revocation of 08 probation; or 09 (iii) one year after an administrative decision of the 10 Board of Parole or the Department of Corrections is final if the claim 11 relates to the administrative decision; 12 (B) is not cumulative to the evidence presented at trial; 13 (C) is not impeachment evidence; and 14 (D) establishes by clear and convincing evidence that the 15 applicant is innocent. 16 * Sec. 28. AS 12.72.020 is amended by adding a new subsection to read: 17 (d) The court may not consider a substantive claim in an application brought 18 under AS 12.72.010 or the Alaska Rules of Criminal Procedure until the court has first 19 determined that 20 (1) the application is timely; and 21 (2) except for an application described in AS 12.72.025 or allowed 22 under (c) of this section, no previous application has been filed. 23 * Sec. 29. AS 16.05.925(b) is amended to read: 24 (b) In addition to a penalty imposed under (a) of this section or any other 25 penalty for violation of this title or a regulation adopted under this title, a person 26 who is convicted of unlawfully taking an animal listed in this subsection may be 27 ordered by the court to pay restitution to the state in the amount set out in this 28 subsection for each animal unlawfully taken: 29 (1) Bear, black ............................................................................ $ 600 30 (2) Bear, brown or grizzly .......................................................... 1,300 31 (3) Bison ..................................................................................... 1,300
01 (4) Caribou ..................................................................................... 850 02 (5) Deer .......................................................................................... 400 03 (6) Elk ............................................................................................ 80 04 (7) Goat .......................................................................................... 800 05 (8) Moose .................................................................................... 1,000 06 (9) Musk oxen ............................................................................. 3,000 07 (10) Sheep ................................................................................... 1,100 08 (11) Wolf ....................................................................................... 500 09 (12) Wolverine .............................................................................. 500. 10 * Sec. 30. AS 28.15.191(a) is amended to read: 11 (a) A court that convicts a person of an offense under this title or a regulation 12 adopted under this title, or another law or regulation of this state [,] or a municipal 13 ordinance that regulates the driving of vehicles, or a violation of AS 04.16.050 shall 14 forward a record of the conviction to the department within five working days. A 15 conviction of a standing or parking offense need not be reported. 16 * Sec. 31. AS 28.35.028(a) is amended to read: 17 (a) Notwithstanding another provision of law, with the consent of the state and 18 the defendant, the court may elect to proceed in a criminal case under AS 04.16.200(b) 19 or (e), AS 28.35.030, or 28.35.032, including the case of a defendant charged with 20 violating the terms of probation, under the procedure provided in this section and 21 order the defendant to complete a court-ordered treatment program. The state may not 22 consent to a referral under this subsection unless the state has consulted with the 23 victim and explained the process and consequences of the referral to the victim. A 24 court may not elect to proceed under this section if the defendant has previously 25 participated in a court-ordered treatment program under this section two or more 26 times. 27 * Sec. 32. AS 43.23 is amended by adding a new section to read: 28 Sec. 43.23.021. Delayed payment of certain dividends. (a) Notwithstanding 29 other provisions regarding the payment of permanent fund dividends, if an individual 30 is required to register as a sex offender or child kidnapper under AS 12.63 and has not 31 registered or has not completed the required periodic verifications or notices required
01 under AS 12.63, payment of the dividend for that individual shall be delayed. 02 (b) If payment of a dividend is delayed, the department shall notify the 03 individual in writing of the delayed payment status, explain the requirements of this 04 section, and request proof of registration and compliance with the verifications and 05 notices required under AS 12.63. The dividend may not be paid unless, within one 06 year after the notification, the department determines that the individual has registered 07 and is in compliance with the verifications and notices required under AS 12.63. 08 (c) The permanent fund dividend of an individual for whom payment has been 09 delayed, but that remains payable under (b) of this section, is subject to levy, 10 execution, garnishment, attachment, or any other remedy for the collection of debt. 11 The department shall immediately pay that dividend, or the portion of it that has been 12 claimed by a debtor, as provided in AS 43.23.065 - 43.23.068. 13 (d) If an individual for whom payment of a permanent fund dividend has been 14 delayed but remains payable under (b) of this section dies before the dividend is paid 15 or payable, the department shall pay the dividend to a personal representative of the 16 individual's estate. 17 (e) The department shall include notice with the dividend application form of 18 the requirements of (a) and (b) of this section. 19 * Sec. 33. AS 43.23.025(a) is amended to read: 20 (a) By October 1 of each year, the commissioner shall determine the value of 21 each permanent fund dividend for that year by 22 (1) determining the total amount available for dividend payments, 23 which equals 24 (A) the amount of income of the Alaska permanent fund 25 transferred to the dividend fund under AS 37.13.145(b) during the current year; 26 (B) plus the unexpended and unobligated balances of prior 27 fiscal year appropriations that lapse into the dividend fund under 28 AS 43.23.045(d); 29 (C) less the amount necessary to pay prior year dividends from 30 the dividend fund in the current year under AS 43.23.005(h), 43.23.021, and 31 43.23.055(3) and (7) [UNDER AS 43.23.055(3) AND (7)];
01 (D) less the amount necessary to pay dividends from the 02 dividend fund due to eligible applicants who, as determined by the department, 03 filed for a previous year's dividend by the filing deadline but who were not 04 included in a previous year's dividend computation; 05 (E) less appropriations from the dividend fund during the 06 current year, including amounts to pay costs of administering the dividend 07 program and the hold harmless provisions of AS 43.23.075; 08 (2) determining the number of individuals eligible to receive a 09 dividend payment for the current year and the number of estates and successors 10 eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 11 (3) dividing the amount determined under (1) of this subsection by the 12 amount determined under (2) of this subsection. 13 * Sec. 34. AS 43.23.028(b) is amended to read: 14 (b) To the extent that amounts appropriated for a fiscal year do not exceed the 15 total amount that would have been paid during the previous fiscal year to individuals 16 who were ineligible to receive dividends under AS 43.23.005(d) or under 17 AS 43.23.021(b) if they had been eligible, the notice requirements of (a)(3) of this 18 section do not apply to appropriations from the dividend fund to 19 (1) the crime victim compensation fund established under 20 AS 18.67.162 for payments to crime victims; 21 (2) the council on domestic violence and sexual assault established 22 under AS 18.66.010 for grants for the operation of domestic violence and sexual 23 assault programs; 24 (3) the Department of Corrections for incarceration and probation 25 programs; 26 (4) the office of victims' rights; or 27 (5) nonprofit victims' rights organizations for grants for services to 28 crime victims. 29 * Sec. 35. AS 47.17.023 is repealed and reenacted to read 30 Sec. 47.17.023. Reports from certain persons regarding child 31 pornography. A person providing, either privately or commercially, film, photo, or
01 visual or printed matter processing, production, or finishing services or computer 02 installation, repair, or other services, or Internet or cellular telephone services who, in 03 the process of providing those services, observes a film, photo, picture, computer file, 04 image, or other matter and has reasonable cause to suspect that the film, photo, 05 picture, computer file, image, or other matter visually depicts a child engaged in 06 conduct described in AS 11.41.455(a) shall immediately report the observation to the 07 nearest law enforcement agency and provide the law enforcement agency with all 08 information known about the nature and origin of the film, photo, picture, computer 09 file, image, or other matter. 10 * Sec. 36. AS 47.30.780 is amended to read: 11 Sec. 47.30.780. Early discharge. Except as provided in (b) of this section, 12 the [THE] professional person in charge shall at any time discharge a respondent on 13 the ground that the respondent is no longer gravely disabled or likely to cause serious 14 harm as a result of mental illness. A certificate to this effect shall be sent to the court, 15 which shall enter an order officially terminating the involuntary commitment. 16 * Sec. 37. AS 47.30.780 is amended by adding a new subsection to read: 17 (b) The professional person in charge shall give the prosecuting authority 10 18 days' notice before discharging a respondent who was committed after having been 19 found incompetent to proceed under AS 12.47.110. 20 * Sec. 38. The uncodified law of the State of Alaska enacted in sec. 36(c), ch. 24, SLA 21 2007, is amended to read: 22 (c) AS 12.72.025, enacted by sec. 25, ch. 24, SLA 2007 [OF THIS ACT], 23 applies to offenses committed before, on, or after the effective date of sec. 25, ch. 24, 24 SLA 2007 [OF THIS ACT]. A person whose application for post-conviction relief was 25 denied before the effective date of sec. 25, ch. 24, SLA 2007 [OF THIS ACT] has 26 until July 1, 2008, to file a claim described in AS 12.72.025. This subsection does not 27 authorize filing a claim under AS 12.72 or the Alaska Rules of Criminal 28 Procedure that is not otherwise available under AS 12.72, the Alaska Rules of 29 Criminal Procedure, or other provision of law. 30 * Sec. 39. AS 12.35.015(f) is repealed. 31 * Sec. 40. AS 11.71.310 and AS 12.20.010 are repealed.
01 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 37(b), Alaska Rules of 04 Criminal Procedure, is amended to read: 05 (b) Execution and Return with Inventory. The warrant shall be executed 06 and returned within 30 [10] days after its date of issuance. However, upon sworn 07 application made before the expiration of the initial 30 [10] day period or any 08 subsequent extension, the court may for good cause extend the execution period for a 09 reasonable time not to exceed 30 [10] days. Good cause includes protecting the 10 confidentiality of an ongoing investigation and protecting a person working with 11 law enforcement authorities on an investigation. The officer taking property under 12 the warrant 13 (1) shall give to the person from whom or from whose premises the 14 property was taken a copy of the warrant, a copy of the supporting affidavits, and 15 receipt for the property taken, or 16 (2) shall leave the copies and the receipt at the place from which the 17 property was taken. 18 The return shall be made promptly and shall be accompanied by a 19 written inventory of any property taken as a result of the search pursuant to or in 20 conjunction with the warrant. The inventory shall be made in the presence of the 21 applicant for the warrant and the person from whose possession or premises the 22 property was taken, if they are present, or in the presence of at least one credible 23 person other than the applicant for the warrant or the person from whose possession or 24 premises the property was taken, and shall be signed by the officer under the penalty 25 of perjury pursuant to AS 09.63.020 or sworn to in front of a magistrate or judge, or a 26 notary public. The magistrate or judge or the court to which the return is made shall 27 upon request deliver a copy of the inventory to the person from whom or from whose 28 premises the property was taken and to the applicant for the warrant. 29 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 INDIRECT COURT RULE AMENDMENT. The provisions of AS 12.72.020(a) and
01 (b), as amended by secs. 26 and 27 of this Act, and the provisions of AS 12.72.020(d), as 02 added by sec. 28 of this Act, have the effect of amending Rule 35.1, Alaska Rules of Criminal 03 Procedure, by restricting the authority of a court to hear certain applications, claims, or 04 proceedings for post-conviction relief and by prescribing a procedure for a court to determine 05 if an application, claim, or proceeding may be considered. 06 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. (a) Sections 6 - 9, 14 - 16, 22 - 24, 29 - 31, and 40 of this Act 09 apply to an offense occurring on or after the effective date of this section. References to 10 previous convictions in secs. 8 and 9 of this Act apply to convictions occurring before, on, or 11 after the effective date of those sections. 12 (b) Sections 5 and 13 of this Act apply to an offense occurring before, on, or after the 13 effective date of this section. 14 (c) Sections 17, 18, 39, and 41 of this Act apply to search warrants applied for on or 15 after the effective date of this section, regardless of whether the offense occurred before, on, 16 or after the effective date of this section. 17 (d) Sections 19 - 21, 36, and 37 of this Act apply to procedures occurring after the 18 effective date of this section, regardless of whether the offense occurred before, on, or after 19 the effective date of this section. 20 (e) Section 25 of this Act applies to applications for criminal extraditions submitted 21 on or after the effective date of this section, regardless of whether the offense occurred before, 22 on, or after the effective date of this section. 23 (f) Section 12 of this Act applies to offenses occurring and actions arising on or after 24 the effective date of this section. 25 (g) Sections 26 - 28 and 42 of this Act apply to applications submitted on or after the 26 effective date of this section. 27 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the application 30 of it to any person or circumstance, is held invalid, the remainder of this Act and the 31 application to other persons or circumstances are not affected.
01 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 RETROACTIVITY. Section 38 of this Act is retroactive to July 1, 2007. 04 * Sec. 46. Sections 38 and 45 of this Act take effect immediately under AS 01.10.070(c). 05 * Sec. 47. Sections 32 - 34 of this Act take effect January 1, 2009. 06 * Sec. 48. Except as provided in secs. 46 and 47 of this Act, this Act takes effect July 1, 07 2008.