Enrolled HB 359: Relating to conspiracy to commit human trafficking in the first degree or sex trafficking in the first degree; relating to the crime of distribution of indecent material to minors, the crime of online enticement of a minor, the crime of prostitution, and the crime of sex trafficking; relating to forfeiture of property used in prostitution offenses; relating to testimony by video conference; adding Rule 38.3, Alaska Rules of Criminal Procedure; and providing for an effective date.
00Enrolled HB 359 01 Relating to conspiracy to commit human trafficking in the first degree or sex trafficking in the 02 first degree; relating to the crime of distribution of indecent material to minors, the crime of 03 online enticement of a minor, the crime of prostitution, and the crime of sex trafficking; 04 relating to forfeiture of property used in prostitution offenses; relating to testimony by video 05 conference; adding Rule 38.3, Alaska Rules of Criminal Procedure; and providing for an 06 effective date. 07 _______________ 08 * Section 1. AS 04.06.110 is amended to read: 09 Sec. 04.06.110. Peace officer powers. The director and the persons employed 10 for the administration and enforcement of this title may, with the concurrence of the 11 commissioner of public safety, exercise the powers of peace officers when those 12 powers are specifically granted by the board. Powers granted by the board under this 13 section may be exercised only when necessary for the enforcement of the criminally
01 punishable provisions of this title, regulations of the board, and other criminally 02 punishable laws and regulations, including investigation of violations of laws against 03 prostitution and sex trafficking [PROMOTING PROSTITUTION] described in 04 AS 11.66.100 - 11.66.135 [AS 11.66.100 - 11.66.130] and laws against gambling, 05 promoting gambling, and related offenses described in AS 11.66.200 - 11.66.280. 06 * Sec. 2. AS 04.11.370(a) is amended to read: 07 (a) A license or permit shall be suspended or revoked if the board finds 08 (1) misrepresentation of a material fact on an application made under 09 this title or a regulation adopted under this title; 10 (2) continuation of the manufacture, sale, or service of alcoholic 11 beverages by the licensee or permittee would be contrary to the best interests of the 12 public; 13 (3) failure on the part of the licensee to correct a defect that constitutes 14 a violation of this title, a condition or restriction imposed by the board, a regulation 15 adopted under this title, or other laws after receipt of notice issued by the board or its 16 agent; 17 (4) conviction of a licensee of a violation of this title, a regulation 18 adopted under this title, or an ordinance adopted under AS 04.21.010; 19 (5) conviction of an agent or employee of a licensee of a violation of 20 this title, a regulation adopted under this title, or an ordinance adopted under 21 AS 04.21.010, if the licensee is found by the board to have either knowingly allowed 22 the violation or to have recklessly or with criminal negligence failed to act in 23 accordance with the duty prescribed under AS 04.21.030 with the result that the agent 24 or employee violates a law, regulation, or ordinance; 25 (6) failure of the licensee to comply with the public health, fire, or 26 safety laws and regulations in the state; 27 (7) use of the licensed premises as a resort for illegal possessors or 28 users of narcotics, prostitutes, or sex traffickers [PROMOTERS OF 29 PROSTITUTION]; in addition to any other legally competent evidence, the character 30 of the premises may be proved by the general reputation of the premises in the 31 community as a resort for illegal possessors or users of narcotics, prostitutes, or sex
01 traffickers [PROMOTERS OF PROSTITUTION]; 02 (8) occurrence of illegal gambling within the limits of the licensed 03 premises; 04 (9) the licensee permitted a public offense involving moral turpitude to 05 occur on the licensed premises; 06 (10) violation by a licensee of this title, a condition or restriction 07 imposed by the board, a regulation adopted under this title, or an ordinance adopted 08 under AS 04.21.010; or 09 (11) violation by an agent or employee of a licensee of a provision of 10 this title, a condition or restriction imposed by the board, a regulation adopted under 11 this title, or an ordinance adopted under AS 04.21.010, if the licensee is found by the 12 board to have either knowingly allowed the violation or to have recklessly or with 13 criminal negligence failed to act in accordance with the duty prescribed under 14 AS 04.21.030 with the result that the agent or employee violates the law, condition or 15 restriction, regulation, or ordinance. 16 * Sec. 3. AS 11.31.120(h)(2) is amended to read: 17 (2) "serious felony offense" means an offense 18 (A) against the person under AS 11.41, punishable as an 19 unclassified or class A felony; 20 (B) involving controlled substances under AS 11.71, 21 punishable as an unclassified, class A, or class B felony; 22 (C) that is criminal mischief in the first degree under 23 AS 11.46.475; [OR] 24 (D) that is terroristic threatening in the first degree under 25 AS 11.56.807; 26 (E) that is human trafficking in the first degree under 27 AS 11.41.360; or 28 (F) that is sex trafficking in the first degree under 29 AS 11.66.110. 30 * Sec. 4. AS 11.41.360(a) is amended to read: 31 (a) A person commits the crime of human trafficking in the first degree if the
01 person compels or induces another person [TO COME TO THIS STATE] to engage in 02 sexual conduct, adult entertainment, or labor in the state by force or threat of force 03 against any person, or by deception. 04 * Sec. 5. AS 11.61.128(a) is amended to read: 05 (a) A person commits the crime of distribution of indecent material to minors 06 if 07 (1) the person, being 18 years of age or older, intentionally 08 [KNOWINGLY] distributes or possesses with intent to distribute any material 09 described in (2) and (3) of this subsection to either 10 (A) a child that the person knows is under 16 years of age; 11 or 12 (B) another person that the person believes is a child under 13 16 years of age; 14 (2) the person knows that the material [TO ANOTHER PERSON 15 ANY MATERIAL THAT] depicts the following actual or simulated conduct: 16 (A) sexual penetration; 17 (B) the lewd touching of a person's genitals, anus, or female 18 breast; 19 (C) masturbation; 20 (D) bestiality; 21 (E) the lewd exhibition of a person's genitals, anus, or female 22 breast; or 23 (F) sexual masochism or sadism; and 24 (3) [(2)] the material is harmful to minors [; AND 25 (3) EITHER 26 (A) THE OTHER PERSON IS A CHILD UNDER 16 YEARS 27 OF AGE; OR 28 (B) THE PERSON BELIEVES THAT THE OTHER PERSON 29 IS A CHILD UNDER 16 YEARS OF AGE]. 30 * Sec. 6. AS 11.66.100(b) is amended to read: 31 (b) Except as provided in (c) of this section, prostitution
01 [PROSTITUTION] is a class B misdemeanor. 02 * Sec. 7. AS 11.66.100 is amended by adding new subsections to read: 03 (c) Prostitution is a class C felony if 04 (1) the defendant violates (a) of this section as a patron of a prostitute; 05 (2) the prostitute is under 18 years of age; and 06 (3) the defendant is over 18 years of age and at least three years older 07 than the prostitute. 08 (d) In a prosecution under (c) of this section, it is an affirmative defense that, 09 at the time of the alleged offense, the defendant 10 (1) reasonably believed the prostitute to be 18 years of age or older; 11 and 12 (2) undertook reasonable measures to verify that the prostitute was 18 13 years of age or older. 14 * Sec. 8. AS 11.66.110(a) is amended to read: 15 (a) A person commits the crime of sex trafficking [PROMOTING 16 PROSTITUTION] in the first degree if the person 17 (1) induces or causes a person to engage in prostitution through the use 18 of force; 19 (2) as other than a patron of a prostitute, induces or causes a person 20 under 20 [18] years of age to engage in prostitution; or 21 (3) induces or causes a person in that person's legal custody to engage 22 in prostitution. 23 * Sec. 9. AS 11.66.110(b) is amended to read: 24 (b) In a prosecution under (a)(2) of this section, it is not a defense that the 25 defendant reasonably believed that the person induced or caused to engage in 26 prostitution was 20 [18] years of age or older. 27 * Sec. 10. AS 11.66.110(c) is amended to read: 28 (c) Except as provided in (d) of this section, sex trafficking [PROMOTING 29 PROSTITUTION] in the first degree is a class A felony. 30 * Sec. 11. AS 11.66.120 is amended to read: 31 Sec. 11.66.120. Sex trafficking [PROMOTING PROSTITUTION] in the
01 second degree. (a) A person commits the crime of sex trafficking [PROMOTING 02 PROSTITUTION] in the second degree if the person 03 (1) manages, supervises, controls, or owns, either alone or in 04 association with others, a prostitution enterprise other than a place of prostitution; 05 (2) procures or solicits a patron for a prostitute; or 06 (3) offers, sells, advertises, promotes, or facilitates travel that includes 07 commercial sexual conduct as enticement for the travel; in this paragraph, 08 "commercial sexual conduct" means sexual conduct for which anything of value is 09 given or received by any person. 10 (b) Sex trafficking [PROMOTING PROSTITUTION] in the second degree is 11 a class B felony. 12 * Sec. 12. AS 11.66.130 is amended to read: 13 Sec. 11.66.130. Sex trafficking [PROMOTING PROSTITUTION] in the 14 third degree. (a) A person commits the crime of sex trafficking [PROMOTING 15 PROSTITUTION] in the third degree if, with intent to promote prostitution, the 16 person 17 (1) manages, supervises, controls, or owns, either alone or in 18 association with others, a place of prostitution; 19 (2) as other than a patron of a prostitute, induces or causes a person 20 20 [18] years of age or older to engage in prostitution; 21 (3) as other than a prostitute receiving compensation for personally 22 rendered prostitution services, receives or agrees to receive money or other property 23 under [PURSUANT TO] an agreement or understanding that the money or other 24 property is derived from prostitution; or 25 (4) engages in conduct that institutes, aids, or facilitates a prostitution 26 enterprise. 27 (b) Sex trafficking [PROMOTING PROSTITUTION] in the third degree is a 28 class C felony. 29 * Sec. 13. AS 11.66.135 is amended to read: 30 Sec. 11.66.135. Sex trafficking [PROMOTING PROSTITUTION] in the 31 fourth degree. (a) A person commits the crime of sex trafficking [PROMOTING
01 PROSTITUTION] in the fourth degree if the person engages in conduct that institutes, 02 aids, or facilitates prostitution under circumstances not proscribed under 03 AS 11.66.130(a)(4). 04 (b) Sex trafficking [PROMOTING PROSTITUTION] in the fourth degree is 05 a class A misdemeanor. 06 * Sec. 14. AS 11.66.140 is amended to read: 07 Sec. 11.66.140. Corroboration of certain testimony not required. In a 08 prosecution under AS 11.66.110 - 11.66.135 [AS 11.66.110 - 11.66.130], it is not 09 necessary that the testimony of the person whose prostitution is alleged to have been 10 compelled or promoted be corroborated by the testimony of any other witness or by 11 documentary or other types of evidence. 12 * Sec. 15. AS 11.66.145 is amended to read: 13 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 14 received or derived from, a violation of AS 11.66.100(c) or 11.66.110 - 11.66.135 15 [AS 11.66.110 - 11.66.135] shall be forfeited. 16 * Sec. 16. AS 11.81.250(a) is amended to read: 17 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 18 title, except murder in the first and second degree, attempted murder in the first 19 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 20 in the first degree, murder of an unborn child, sexual assault in the first degree, sexual 21 abuse of a minor in the first degree, misconduct involving a controlled substance in the 22 first degree, sex trafficking [PROMOTING PROSTITUTION] in the first degree 23 under AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their 24 seriousness, according to the type of injury characteristically caused or risked by 25 commission of the offense and the culpability of the offender. Except for murder in the 26 first and second degree, attempted murder in the first degree, solicitation to commit 27 murder in the first degree, conspiracy to commit murder in the first degree, murder of 28 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 29 degree, misconduct involving a controlled substance in the first degree, sex 30 trafficking [PROMOTING PROSTITUTION] in the first degree under 31 AS 11.66.110(a)(2), and kidnapping, the offenses in this title are classified into the
01 following categories: 02 (1) class A felonies, which characteristically involve conduct resulting 03 in serious physical injury or a substantial risk of serious physical injury to a person; 04 (2) class B felonies, which characteristically involve conduct resulting 05 in less severe violence against a person than class A felonies, aggravated offenses 06 against property interests, or aggravated offenses against public administration or 07 order; 08 (3) class C felonies, which characteristically involve conduct serious 09 enough to deserve felony classification but not serious enough to be classified as A or 10 B felonies; 11 (4) class A misdemeanors, which characteristically involve less severe 12 violence against a person, less serious offenses against property interests, less serious 13 offenses against public administration or order, or less serious offenses against public 14 health and decency than felonies; 15 (5) class B misdemeanors, which characteristically involve a minor 16 risk of physical injury to a person, minor offenses against property interests, minor 17 offenses against public administration or order, or minor offenses against public health 18 and decency; 19 (6) violations, which characteristically involve conduct inappropriate 20 to an orderly society but which do not denote criminality in their commission. 21 * Sec. 17. AS 11.81.250(b) is amended to read: 22 (b) The classification of each felony defined in this title, except murder in the 23 first and second degree, attempted murder in the first degree, solicitation to commit 24 murder in the first degree, conspiracy to commit murder in the first degree, murder of 25 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 26 degree, misconduct involving a controlled substance in the first degree, sex 27 trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, is 28 designated in the section defining it. A felony under the [ALASKA] law of this state 29 defined outside this title for which no penalty is specifically provided is a class C 30 felony. 31 * Sec. 18. AS 12.47.100 is amended by adding a new subsection to read:
01 (h) In a hearing to determine competency under this section, the court may, at 02 the court's discretion, allow a witness, including a psychiatrist or psychologist who 03 examined the defendant, to testify concerning the competency of the defendant by 04 contemporaneous two-way video conference if the witness is in a place from which 05 people customarily travel by air to the court, and the procedure allows the parties a fair 06 opportunity to examine the witness. The video conference technician shall be the only 07 person in the presence of the witness unless the court, at the court's discretion, 08 determines that another person may be present. Any person present with the witness 09 must be identified on the record. In this subsection, "contemporaneous two-way video 10 conference" 11 (1) means a conference among people at different places by means of 12 transmitted audio and video signals; 13 (2) includes all communication technologies that allow people at two 14 or more places to interact by two-way video and audio transmissions simultaneously. 15 * Sec. 19. AS 12.55.035(b) is amended to read: 16 (b) Upon conviction of an offense, a defendant who is not an organization may 17 be sentenced to pay, unless otherwise specified in the provision of law defining the 18 offense, a fine of not [NO] more than 19 (1) $500,000 for murder in the first or second degree, attempted 20 murder in the first degree, murder of an unborn child, sexual assault in the first degree, 21 sexual abuse of a minor in the first degree, kidnapping, sex trafficking 22 [PROMOTING PROSTITUTION] in the first degree under AS 11.66.110(a)(2), or 23 misconduct involving a controlled substance in the first degree; 24 (2) $250,000 for a class A felony; 25 (3) $100,000 for a class B felony; 26 (4) $50,000 for a class C felony; 27 (5) $10,000 for a class A misdemeanor; 28 (6) $2,000 for a class B misdemeanor; 29 (7) $500 for a violation. 30 * Sec. 20. AS 12.55.125(i) is amended to read: 31 (i) A defendant convicted of
01 (1) sexual assault in the first degree, sexual abuse of a minor in the 02 first degree, or sex trafficking [PROMOTING PROSTITUTION] in the first degree 03 under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not 04 more than 99 years and shall be sentenced to a definite term within the following 05 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 06 (A) if the offense is a first felony conviction, the offense does 07 not involve circumstances described in (B) of this paragraph, and the victim 08 was 09 (i) less than 13 years of age, 25 to 35 years; 10 (ii) 13 years of age or older, 20 to 30 years; 11 (B) if the offense is a first felony conviction and the defendant 12 possessed a firearm, used a dangerous instrument, or caused serious physical 13 injury during the commission of the offense, 25 to 35 years; 14 (C) if the offense is a second felony conviction and does not 15 involve circumstances described in (D) of this paragraph, 30 to 40 years; 16 (D) if the offense is a second felony conviction and the 17 defendant has a prior conviction for a sexual felony, 35 to 45 years; 18 (E) if the offense is a third felony conviction and the defendant 19 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 20 to 60 years; 21 (F) if the offense is a third felony conviction, the defendant is 22 not subject to sentencing under (l) of this section, and the defendant has two 23 prior convictions for sexual felonies, 99 years; 24 (2) unlawful exploitation of a minor under AS 11.41.455(c)(2), online 25 enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to 26 commit sexual assault in the first degree, sexual abuse of a minor in the first degree, or 27 sex trafficking [PROMOTING PROSTITUTION] in the first degree under 28 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 29 than 99 years and shall be sentenced to a definite term within the following 30 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 31 (A) if the offense is a first felony conviction, the offense does
01 not involve circumstances described in (B) of this paragraph, and the victim 02 was 03 (i) under 13 years of age, 20 to 30 years; 04 (ii) 13 years of age or older, 15 to 30 years; 05 (B) if the offense is a first felony conviction and the defendant 06 possessed a firearm, used a dangerous instrument, or caused serious physical 07 injury during the commission of the offense, 25 to 35 years; 08 (C) if the offense is a second felony conviction and does not 09 involve circumstances described in (D) of this paragraph, 25 to 35 years; 10 (D) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 30 to 40 years; 12 (E) if the offense is a third felony conviction, the offense does 13 not involve circumstances described in (F) of this paragraph, and the defendant 14 is not subject to sentencing under (l) of this section, 35 to 50 years; 15 (F) if the offense is a third felony conviction, the defendant is 16 not subject to sentencing under (l) of this section, and the defendant has two 17 prior convictions for sexual felonies, 99 years; 18 (3) sexual assault in the second degree, sexual abuse of a minor in the 19 second degree, online enticement of a minor under AS 11.41.452(d), unlawful 20 exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography 21 under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not 22 more than 99 years and shall be sentenced to a definite term within the following 23 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 24 (A) if the offense is a first felony conviction, five to 15 years; 25 (B) if the offense is a second felony conviction and does not 26 involve circumstances described in (C) of this paragraph, 10 to 25 years; 27 (C) if the offense is a second felony conviction and the 28 defendant has a prior conviction for a sexual felony, 15 to 30 years; 29 (D) if the offense is a third felony conviction and does not 30 involve circumstances described in (E) of this paragraph, 20 to 35 years; 31 (E) if the offense is a third felony conviction and the defendant
01 has two prior convictions for sexual felonies, 99 years; 02 (4) sexual assault in the third degree, incest, indecent exposure in the 03 first degree, possession of child pornography, distribution of child pornography under 04 AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in 05 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation 06 of a minor, or distribution of child pornography, may be sentenced to a definite term 07 of imprisonment of not more than 99 years and shall be sentenced to a definite term 08 within the following presumptive ranges, subject to adjustment as provided in 09 AS 12.55.155 - 12.55.175: 10 (A) if the offense is a first felony conviction, two to 12 years; 11 (B) if the offense is a second felony conviction and does not 12 involve circumstances described in (C) of this paragraph, eight to 15 years; 13 (C) if the offense is a second felony conviction and the 14 defendant has a prior conviction for a sexual felony, 12 to 20 years; 15 (D) if the offense is a third felony conviction and does not 16 involve circumstances described in (E) of this paragraph, 15 to 25 years; 17 (E) if the offense is a third felony conviction and the defendant 18 has two prior convictions for sexual felonies, 99 years. 19 * Sec. 21. AS 12.55.185(10) is amended to read: 20 (10) "most serious felony" means 21 (A) arson in the first degree, sex trafficking [PROMOTING 22 PROSTITUTION] in the first degree under AS 11.66.110(a)(2), online 23 enticement of a minor under AS 11.41.452(e), or any unclassified or class A 24 felony prescribed under AS 11.41; or 25 (B) an attempt, or conspiracy to commit, or criminal 26 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 27 AS 11.41; 28 * Sec. 22. AS 15.80.010(9) is amended to read: 29 (9) "felony involving moral turpitude" includes those crimes that are 30 immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 31 sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion,
01 coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 02 forgery device, offering a false instrument for recording, scheme to defraud, falsifying 03 business records, commercial bribe receiving, commercial bribery, bribery, receiving a 04 bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 05 escape, promoting contraband, interference with official proceedings, receiving a bribe 06 by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 07 evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 08 explosives, unlawful furnishing of explosives, sex trafficking [PROMOTING 09 PROSTITUTION], criminal mischief, misconduct involving a controlled substance or 10 an imitation controlled substance, permitting an escape, promoting gambling, 11 possession of gambling records, distribution of child pornography, and possession of 12 child pornography; 13 * Sec. 23. AS 28.15.046(c) is amended to read: 14 (c) The department may not issue a license under this section to an applicant 15 who has been convicted of any of the following offenses within 20 years of the time of 16 application: 17 (1) sexual abuse of a minor in any degree under AS 11.41.434 - 18 11.41.440; 19 (2) sexual assault in any degree under AS 11.41.410 - 11.41.425; 20 (3) incest under AS 11.41.450; 21 (4) unlawful exploitation of a minor under AS 11.41.455; 22 (5) contributing to the delinquency of a minor under AS 11.51.130; 23 (6) a felony involving possession of a controlled or imitation 24 controlled substance under AS 11.71 or AS 11.73; 25 (7) a felony or misdemeanor involving distribution of a controlled or 26 imitation controlled substance under AS 11.71 or AS 11.73; 27 (8) sex trafficking [PROMOTING PROSTITUTION] in the first or 28 second degree under AS 11.66.110 or 11.66.120; 29 (9) indecent exposure in the first or second degree under AS 11.41.458 30 or 11.41.460. 31 * Sec. 24. AS 47.12.110(d) is amended to read:
01 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 02 the adjudication of a minor as a delinquent shall be open to the public, except as 03 prohibited or limited by order of the court, if 04 (1) the department files with the court a motion asking the court to 05 open the hearing to the public, and the petition seeking adjudication of the minor as a 06 delinquent is based on 07 (A) the minor's alleged commission of an offense, and the 08 minor has knowingly failed to comply with all the terms and conditions 09 required of the minor by the department or imposed on the minor in a court 10 order entered under AS 47.12.040(a)(2) or 47.12.120; 11 (B) the minor's alleged commission of 12 (i) a crime against a person that is punishable as a 13 felony; 14 (ii) a crime in which the minor employed a deadly 15 weapon, as that term is defined in AS 11.81.900(b), in committing the 16 crime; 17 (iii) arson under AS 11.46.400 - 11.46.410; 18 (iv) burglary under AS 11.46.300; 19 (v) distribution of child pornography under 20 AS 11.61.125; 21 (vi) sex trafficking [PROMOTING PROSTITUTION] 22 in the first degree under AS 11.66.110; or 23 (vii) misconduct involving a controlled substance under 24 AS 11.71 involving the delivery of a controlled substance or the 25 possession of a controlled substance with intent to deliver, other than 26 an offense under AS 11.71.040 or 11.71.050; or 27 (C) the minor's alleged commission of a felony and the minor 28 was 16 years of age or older at the time of commission of the offense when the 29 minor has previously been convicted or adjudicated a delinquent minor based 30 on the minor's commission of an offense that is a felony; or 31 (2) the minor agrees to a public hearing on the petition seeking
01 adjudication of the minor as a delinquent. 02 * Sec. 25. AS 47.12.315(a) is amended to read: 03 (a) Notwithstanding AS 47.12.310, when an agency takes action under 04 AS 47.12.040(a)(1) to adjust a matter, or when, under AS 47.12.040(a)(2), the court 05 directs the agency to adjust the matter, the agency 06 (1) shall, for a minor who is at least 13 years of age at the time of 07 commission of the offense, disclose to the public the name of the minor, the name or 08 names of the parent, parents, or guardian of the minor, the action required by the 09 agency to be taken by the minor under AS 47.12.060 to adjust the matter, and 10 information about the offense exclusive of information that identifies the victim of the 11 offense, if the minor was, under AS 47.12.020, previously alleged to be a delinquent 12 minor on the basis of the minor's commission of at least one offense and, on the basis 13 of that allegation, a state agency has, under AS 47.12.040(a), been asked to make a 14 preliminary inquiry to determine if any action on that matter is appropriate, and, if the 15 minor is alleged to be a delinquent minor on the basis of the minor's commission of 16 another offense, exercise of agency jurisdiction is based on the minor's alleged 17 commission of that other offense, and that other offense is one of the following: 18 (A) a crime against a person that is punishable as a felony; 19 (B) a crime in which the minor employed a deadly weapon, as 20 that term is defined in AS 11.81.900(b), in committing the crime; 21 (C) arson under AS 11.46.400 - 11.46.410; 22 (D) burglary under AS 11.46.300; 23 (E) distribution of child pornography under AS 11.61.125; 24 (F) sex trafficking [PROMOTING PROSTITUTION] in the 25 first degree under AS 11.66.110; or 26 (G) misconduct involving a controlled substance under 27 AS 11.71 involving the delivery of a controlled substance or the possession of 28 a controlled substance with intent to deliver, other than an offense under 29 AS 11.71.040 or 11.71.050; and 30 (2) may, for a minor who is at least 13 years of age at the time of 31 commission of the offense, disclose to the public the name of the minor, the name or
01 names of the parent, parents, or guardian of the minor, the action required by the 02 agency to be taken by the minor under AS 47.12.060 to adjust the matter, and 03 information about the offense exclusive of information that identifies the victim of the 04 offense if the minor has knowingly failed to comply with all terms and conditions 05 required of the minor by the agency to adjust the matter under AS 47.12.060(b). 06 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 DIRECT COURT RULE AMENDMENT. The Alaska Rules of Criminal 09 Procedure are amended by adding a new section to read: 10 Rule 38.3. Video Conference Testimony. (a) In General. In every trial, the 11 testimony of witnesses shall be taken in open court, unless otherwise provided by 12 statute or rule. 13 (b) Testimony by Video Conference. The parties may agree to take 14 testimony from a witness by contemporaneous two-way video conference presented in 15 open court. Absent the parties' agreement, the court may, at the court's discretion, 16 authorize the contemporaneous two-way video conference testimony at trial of a 17 witness only if 18 (1) the requesting party establishes that testimony by two-way video 19 conference is necessary to further an important public policy; 20 (2) the requesting party establishes that the witness is unavailable; and 21 (3) the testimony is given under oath and subject to cross-examination. 22 (c) Procedures for Taking Video Conference Testimony. If the trial court 23 authorizes video conference testimony under (b) of this rule, it shall determine the 24 procedures for taking the contemporaneous two-way video conference testimony. The 25 parties, the court, the trier of fact, and the public must be able to see and hear the 26 witness; and the witness must see and hear the courtroom proceedings, including the 27 defendant, as if the witness were sitting in the courtroom's witness stand. The video 28 conference technician shall be the only person in the presence of the witness unless the 29 court, at the court's discretion, determines that another person may be present. Any 30 person present with the witness must be identified. 31 (d) Definitions.
01 (1) Contemporaneous Two-Way Video Conference. Contemporaneous 02 two-way video conference means a conference among people at different places by 03 means of transmitted audio and video signals. It includes all communication 04 technologies that allow two or more places to interact by two-way video and audio 05 transmissions simultaneously. 06 (2) Unavailable. In this rule, a witness is unavailable if 07 (A) by clear and convincing evidence the court finds under 08 Rule 804(a)(4) or (5), Alaska Rules of Evidence, or Rule 15(e)(4), Alaska 09 Rules of Criminal Procedure, that the witness is unavailable; 10 (B) by clear and convincing evidence the court finds that under 11 the circumstances the witness is unavailable; or 12 (C) the parties agree that the witness is unavailable. 13 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. (a) Sections 1, 2, 10, 11, 13, 16, and 19 - 25 of this Act, the 16 amendment to AS 11.66.110(a), other than the amendment to AS 11.66.110(a)(2), made by 17 sec. 8 of this Act, and the amendment to AS 11.66.130, other than the amendment to 18 AS 11.66.130(a)(2), made by sec. 12 of this Act apply to offenses committed before, on, or 19 after the effective date of the Act. 20 (b) Sections 3 - 7, 9, 14, 15, 18, and 26 of this Act, the amendment to 21 AS 11.66.110(a)(2) made by sec. 8 of this Act, and the amendment to AS 11.66.130(a)(2) 22 made by sec. 12 of this Act apply to offenses committed on or after the effective date of this 23 Act. 24 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the 27 heading of AS 11.66.110 from "Promoting prostitution in the first degree" to "Sex trafficking 28 in the first degree." 29 * Sec. 29. This Act takes effect July 1, 2012.