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SB 218: "An Act relating to conspiracy to commit human trafficking in the first degree or sex trafficking in the first degree; relating to the crime of furnishing 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 sex offender registration; relating to testimony by video conference; adding Rule 38.3, Alaska Rules of Criminal Procedure; and providing for an effective date."

00                             SENATE BILL NO. 218                                                                         
01 "An Act relating to conspiracy to commit human trafficking in the first degree or sex                                   
02 trafficking in the first degree; relating to the crime of furnishing indecent material to                               
03 minors, the crime of online enticement of a minor, the crime of prostitution, and the                                   
04 crime of sex trafficking; relating to forfeiture of property used in prostitution offenses;                             
05 relating to sex offender registration; relating to testimony by video conference; adding                                
06 Rule 38.3, Alaska Rules of Criminal Procedure; and providing for an effective date."                                    
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
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 11.61.128(a) is amended to read:                                                                    
31            (a)  A person commits the crime of distribution of indecent material to minors                               
01       if                                                                                                                
02                 (1)  the person, being 18 years of age or older, intentionally                                      
03       [KNOWINGLY] distributes or possesses with intent to distribute any material                                   
04       described in (2) and (3) of this subsection to either                                                     
05                      (A)  a child that the person knows is under 16 years of age;                                   
06            or                                                                                                       
07                      (B)  another person that the person believes is a child under                                  
08            16 years of age;                                                                                         
09                 (2)  the material is [ANOTHER PERSON ANY] material that the                                 
10       person knows depicts the following actual or simulated conduct:                                               
11                      (A)  sexual penetration;                                                                           
12                      (B)  the lewd touching of a person's genitals, anus, or female                                     
13            breast;                                                                                                      
14                      (C)  masturbation;                                                                                 
15                      (D)  bestiality;                                                                                   
16                      (E)  the lewd exhibition of a person's genitals, anus, or female                                   
17            breast; or                                                                                                   
18                      (F)  sexual masochism or sadism; and                                                           
19                 (3) [(2)]  the material is harmful to minors [; AND                                                 
20                 (3)  EITHER                                                                                             
21                      (A)  THE OTHER PERSON IS A CHILD UNDER 16 YEARS                                                    
22            OF AGE; OR                                                                                                   
23                      (B)  THE PERSON BELIEVES THAT THE OTHER PERSON                                                     
24            IS A CHILD UNDER 16 YEARS OF AGE].                                                                           
25    * Sec. 5. AS 11.66.100(b) is amended to read:                                                                      
26            (b)  Except as provided in (c) of this section, prostitution                                             
27       [PROSTITUTION] is a class B misdemeanor.                                                                          
28    * Sec. 6. AS 11.66.100 is amended by adding a new subsection to read:                                              
29            (c)  Prostitution is a class C felony if                                                                     
30                 (1)  the person described in (a)(1) of this section is under 18 years of                                
31       age; the age of the person is a circumstance that does not require proof of a culpable                            
01       mental state; and                                                                                                 
02                 (2)  the person described in (a)(2) of this section is 18 years of age or                               
03       older and at least three years older than the person described in (a)(1) of this section.                         
04    * Sec. 7. AS 11.66.110(a) is amended to read:                                                                      
05            (a)  A person commits the crime of sex trafficking [PROMOTING                                            
06       PROSTITUTION] in the first degree if the person                                                                   
07                 (1)  induces or causes a person to engage in prostitution through the use                               
08       of force;                                                                                                         
09                 (2)  as other than a patron of a prostitute, induces or causes a person                                 
10       under 18 years of age to engage in prostitution; or                                                               
11                 (3)  induces or causes a person in that person's legal custody to engage                                
12       in prostitution.                                                                                                  
13    * Sec. 8. AS 11.66.110(c) is amended to read:                                                                      
14            (c)  Except as provided in (d) of this section, sex trafficking [PROMOTING                               
15       PROSTITUTION] in the first degree is a class A felony.                                                            
16    * Sec. 9. AS 11.66.120 is amended to read:                                                                         
17            Sec. 11.66.120. Sex trafficking [PROMOTING PROSTITUTION] in the                                        
18       second degree. (a) A person commits the crime of sex trafficking [PROMOTING                                 
19       PROSTITUTION] in the second degree if the person                                                                  
20                 (1)  manages, supervises, controls, or owns, either alone or in                                         
21       association with others, a prostitution enterprise other than a place of prostitution;                            
22                 (2)  procures or solicits a patron for a prostitute; or                                                 
23                 (3)  offers, sells, advertises, promotes or facilitates travel that includes                            
24       commercial sexual conduct as enticement for the travel; in this paragraph,                                        
25       "commercial sexual conduct" means sexual conduct for which anything of value is                                   
26       given or received by any person.                                                                                  
27            (b)  Sex trafficking [PROMOTING PROSTITUTION] in the second degree is                                    
28       a class B felony.                                                                                                 
29    * Sec. 10. AS 11.66.130 is amended to read:                                                                        
30            Sec. 11.66.130. Sex trafficking [PROMOTING PROSTITUTION] in the                                      
31       third degree. (a) A person commits the crime of sex trafficking [PROMOTING                                  
01       PROSTITUTION] in the third degree if, with intent to promote prostitution, the                                    
02       person                                                                                                            
03                 (1)  manages, supervises, controls, or owns, either alone or in                                         
04       association with others, a place of prostitution;                                                                 
05                 (2)  as other than a patron of a prostitute, induces or causes a person 18                              
06       years of age or older to engage in prostitution;                                                                  
07                 (3)  as other than a prostitute receiving compensation for personally                                   
08       rendered prostitution services, receives or agrees to receive money or other property                             
09       pursuant to an agreement or understanding that the money or other property is derived                             
10       from prostitution; or                                                                                             
11                 (4)  engages in conduct that institutes, aids, or facilitates a prostitution                            
12       enterprise.                                                                                                       
13            (b)  Sex trafficking [PROMOTING PROSTITUTION] in the third degree is a                                   
14       class C felony.                                                                                                   
15    * Sec. 11. AS 11.66.135 is amended to read:                                                                        
16            Sec. 11.66.135. Sex trafficking [PROMOTING PROSTITUTION] in the                                      
17       fourth degree. (a) A person commits the crime of sex trafficking [PROMOTING                                 
18       PROSTITUTION] in the fourth degree if the person engages in conduct that institutes,                              
19       aids, or facilitates prostitution under circumstances not proscribed under                                        
20       AS 11.66.130(a)(4).                                                                                               
21            (b)  Sex trafficking [PROMOTING PROSTITUTION] in the fourth degree is                                    
22       a class A misdemeanor.                                                                                            
23    * Sec. 12. AS 11.66.140 is amended to read:                                                                        
24            Sec. 11.66.140. Corroboration of certain testimony not required. In a                                      
25       prosecution under AS 11.66.110 - 11.66.135 [AS 11.66.110 - 11.66.130], it is not                              
26       necessary that the testimony of the person whose prostitution is alleged to have been                             
27       compelled or promoted be corroborated by the testimony of any other witness or by                                 
28       documentary or other types of evidence.                                                                           
29    * Sec. 13. AS 11.66.145 is amended to read:                                                                        
30            Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or                             
31       received or derived from, a violation of AS 11.66.100 - 11.66.135 [AS 11.66.110 -                             
01       11.66.135] shall be forfeited.                                                                                    
02    * Sec. 14. AS 11.81.250(a) is amended to read:                                                                     
03            (a)  For purposes of sentencing under AS 12.55, all offenses defined in this                                 
04       title, except murder in the first and second degree, attempted murder in the first                                
05       degree, solicitation to commit murder in the first degree, conspiracy to commit murder                            
06       in the first degree, murder of an unborn child, sexual assault in the first degree, sexual                        
07       abuse of a minor in the first degree, misconduct involving a controlled substance in the                          
08       first degree, sex trafficking [PROMOTING PROSTITUTION] in the first degree                                    
09       under AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their                                    
10       seriousness, according to the type of injury characteristically caused or risked by                               
11       commission of the offense and the culpability of the offender. Except for murder in the                           
12       first and second degree, attempted murder in the first degree, solicitation to commit                             
13       murder in the first degree, conspiracy to commit murder in the first degree, murder of                            
14       an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first                         
15       degree, misconduct involving a controlled substance in the first degree, sex                                  
16       trafficking [PROMOTING PROSTITUTION] in the first degree under                                                
17       AS 11.66.110(a)(2), and kidnapping, the offenses in this title are classified into the                            
18       following categories:                                                                                             
19                 (1)  class A felonies, which characteristically involve conduct resulting                               
20       in serious physical injury or a substantial risk of serious physical injury to a person;                          
21                 (2)  class B felonies, which characteristically involve conduct resulting                               
22       in less severe violence against a person than class A felonies, aggravated offenses                               
23       against property interests, or aggravated offenses against public administration or                               
24       order;                                                                                                            
25                 (3)  class C felonies, which characteristically involve conduct serious                                 
26       enough to deserve felony classification but not serious enough to be classified as A or                           
27       B felonies;                                                                                                       
28                 (4)  class A misdemeanors, which characteristically involve less severe                                 
29       violence against a person, less serious offenses against property interests, less serious                         
30       offenses against public administration or order, or less serious offenses against public                          
31       health and decency than felonies;                                                                                 
01                 (5)  class B misdemeanors, which characteristically involve a minor                                     
02       risk of physical injury to a person, minor offenses against property interests, minor                             
03       offenses against public administration or order, or minor offenses against public health                          
04       and decency;                                                                                                      
05                 (6)  violations, which characteristically involve conduct inappropriate                                 
06       to an orderly society but which do not denote criminality in their commission.                                    
07    * Sec. 15. AS 11.81.250(b) is amended to read:                                                                     
08            (b)  The classification of each felony defined in this title, except murder in the                           
09       first and second degree, attempted murder in the first degree, solicitation to commit                             
10       murder in the first degree, conspiracy to commit murder in the first degree, murder of                            
11       an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first                         
12       degree, misconduct involving a controlled substance in the first degree, sex                                  
13       trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, is                                  
14       designated in the section defining it. A felony under the [ALASKA] law of this state                      
15       defined outside this title for which no penalty is specifically provided is a class C                             
16       felony.                                                                                                           
17    * Sec. 16. AS 12.47.100 is amended by adding a new subsection to read:                                             
18            (h)  In a hearing to determine competency under this section, the court may                                  
19       allow the testimony of a witness, including the psychiatrist or psychologist who                                  
20       examined the defendant, to testify concerning the competency of the defendant by                                  
21       contemporaneous two-way video conference if the witness would be required to travel                               
22       more than 50 miles to the court or lives in a place from which people customarily                                 
23       travel by air to the court. In this subsection, "contemporaneous two-way video                                    
24       conference"                                                                                                       
25                 (1)  means a conference among people at different places by means of                                    
26       transmitted audio and video signals;                                                                              
27                 (2)  includes all communication technologies that allow two or more                                     
28       places to interact by two-way video and audio transmissions simultaneously.                                       
29    * Sec. 17. AS 12.55.035(b) is amended to read:                                                                     
30            (b)  Upon conviction of an offense, a defendant who is not an organization may                               
31       be sentenced to pay, unless otherwise specified in the provision of law defining the                              
01       offense, a fine of no more than                                                                                   
02                 (1)  $500,000 for murder in the first or second degree, attempted                                       
03       murder in the first degree, murder of an unborn child, sexual assault in the first degree,                        
04       sexual abuse of a minor in the first degree, kidnapping, sex trafficking                                      
05       [PROMOTING PROSTITUTION] in the first degree under AS 11.66.110(a)(2), or                                         
06       misconduct involving a controlled substance in the first degree;                                                  
07                 (2)  $250,000 for a class A felony;                                                                     
08                 (3)  $100,000 for a class B felony;                                                                     
09                 (4)  $50,000 for a class C felony;                                                                      
10                 (5)  $10,000 for a class A misdemeanor;                                                                 
11                 (6)  $2,000 for a class B misdemeanor;                                                                  
12                 (7)  $500 for a violation.                                                                              
13    * Sec. 18. AS 12.55.125(i) is amended to read:                                                                     
14            (i)  A defendant convicted of                                                                                
15                 (1)  sexual assault in the first degree, sexual abuse of a minor in the                                 
16       first degree, or sex trafficking [PROMOTING PROSTITUTION] in the first degree                                 
17       under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not                               
18       more than 99 years and shall be sentenced to a definite term within the following                                 
19       presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
20                      (A)  if the offense is a first felony conviction, the offense does                                 
21            not involve circumstances described in (B) of this paragraph, and the victim                                 
22            was                                                                                                          
23                           (i)  less than 13 years of age, 25 to 35 years;                                               
24                           (ii)  13 years of age or older, 20 to 30 years;                                               
25                      (B)  if the offense is a first felony conviction and the defendant                                 
26            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
27            injury during the commission of the offense, 25 to 35 years;                                                 
28                      (C)  if the offense is a second felony conviction and does not                                     
29            involve circumstances described in (D) of this paragraph, 30 to 40 years;                                    
30                      (D)  if the offense is a second felony conviction and the                                          
31            defendant has a prior conviction for a sexual felony, 35 to 45 years;                                        
01                      (E)  if the offense is a third felony conviction and the defendant                                 
02            is not subject to sentencing under (F) of this paragraph or (l) of this section, 40                          
03            to 60 years;                                                                                                 
04                      (F)  if the offense is a third felony conviction, the defendant is                                 
05            not subject to sentencing under (l) of this section, and the defendant has two                               
06            prior convictions for sexual felonies, 99 years;                                                             
07                 (2)  unlawful exploitation of a minor under AS 11.41.455(c)(2), online                                  
08       enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to                           
09       commit sexual assault in the first degree, sexual abuse of a minor in the first degree, or                        
10       sex trafficking [PROMOTING PROSTITUTION] in the first degree under                                            
11       AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more                                
12       than 99 years and shall be sentenced to a definite term within the following                                      
13       presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
14                      (A)  if the offense is a first felony conviction, the offense does                                 
15            not involve circumstances described in (B) of this paragraph, and the victim                                 
16            was                                                                                                          
17                           (i)  under 13 years of age, 20 to 30 years;                                                   
18                           (ii)  13 years of age or older, 15 to 30 years;                                               
19                      (B)  if the offense is a first felony conviction and the defendant                                 
20            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
21            injury during the commission of the offense, 25 to 35 years;                                                 
22                      (C)  if the offense is a second felony conviction and does not                                     
23            involve circumstances described in (D) of this paragraph, 25 to 35 years;                                    
24                      (D)  if the offense is a second felony conviction and the                                          
25            defendant has a prior conviction for a sexual felony, 30 to 40 years;                                        
26                      (E)  if the offense is a third felony conviction, the offense does                                 
27            not involve circumstances described in (F) of this paragraph, and the defendant                              
28            is not subject to sentencing under (l) of this section, 35 to 50 years;                                      
29                      (F)  if the offense is a third felony conviction, the defendant is                                 
30            not subject to sentencing under (l) of this section, and the defendant has two                               
31            prior convictions for sexual felonies, 99 years;                                                             
01                 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                
02       second degree, online enticement of a minor under AS 11.41.452(d), unlawful                                       
03       exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography                            
04       under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not                               
05       more than 99 years and shall be sentenced to a definite term within the following                                 
06       presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
07                      (A)  if the offense is a first felony conviction, five to 15 years;                                
08                      (B)  if the offense is a second felony conviction and does not                                     
09            involve circumstances described in (C) of this paragraph, 10 to 25 years;                                    
10                      (C)  if the offense is a second felony conviction and the                                          
11            defendant has a prior conviction for a sexual felony, 15 to 30 years;                                        
12                      (D)  if the offense is a third felony conviction and does not                                      
13            involve circumstances described in (E) of this paragraph, 20 to 35 years;                                    
14                      (E)  if the offense is a third felony conviction and the defendant                                 
15            has two prior convictions for sexual felonies, 99 years;                                                     
16                 (4)  sexual assault in the third degree, incest, indecent exposure in the                               
17       first degree, possession of child pornography, distribution of child pornography under                            
18       AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in                           
19       the second degree, sexual abuse of a minor in the second degree, unlawful exploitation                            
20       of a minor, or distribution of child pornography, may be sentenced to a definite term                             
21       of imprisonment of not more than 99 years and shall be sentenced to a definite term                               
22       within the following presumptive ranges, subject to adjustment as provided in                                     
23       AS 12.55.155 - 12.55.175:                                                                                         
24                      (A)  if the offense is a first felony conviction, two to 12 years;                                 
25                      (B)  if the offense is a second felony conviction and does not                                     
26            involve circumstances described in (C) of this paragraph, eight to 15 years;                                 
27                      (C)  if the offense is a second felony conviction and the                                          
28            defendant has a prior conviction for a sexual felony, 12 to 20 years;                                        
29                      (D)  if the offense is a third felony conviction and does not                                      
30            involve circumstances described in (E) of this paragraph, 15 to 25 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    * Sec. 19. AS 12.55.185(10) is amended to read:                                                                    
03                 (10)  "most serious felony" means                                                                       
04                      (A)  arson in the first degree, sex trafficking [PROMOTING                                     
05            PROSTITUTION] in the first degree under AS 11.66.110(a)(2), online                                       
06            enticement of a minor, or any unclassified or class A felony prescribed under                            
07            AS 11.41; or                                                                                                 
08                      (B)  an attempt, or conspiracy to commit, or criminal                                              
09            solicitation under AS 11.31.110 of, an unclassified felony prescribed under                                  
10            AS 11.41;                                                                                                    
11    * Sec. 20. AS 12.63.100(6) is amended to read:                                                                   
12                 (6)  "sex offense" means                                                                                
13                      (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                         
14            another jurisdiction, in which the person committed or attempted to commit a                                 
15            sexual offense, or a similar offense under the laws of the other jurisdiction; in                            
16            this subparagraph, "sexual offense" has the meaning given in                                                 
17            AS 11.41.100(a)(3);                                                                                          
18                      (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                         
19            another jurisdiction, in which the person committed or attempted to commit                                   
20            one of the following crimes, or a similar law of another jurisdiction:                                       
21                           (i)  sexual assault in the first degree;                                                      
22                           (ii)  sexual assault in the second degree;                                                    
23                           (iii)  sexual abuse of a minor in the first degree; or                                        
24                           (iv)  sexual abuse of a minor in the second degree; [OR]                                      
25                      (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                 
26            a crime, under the following statutes or a similar law of another jurisdiction:                              
27                           (i)  AS 11.41.410 - 11.41.438;                                                                
28                           (ii)  AS 11.41.440(a)(2);                                                                     
29                           (iii)  AS 11.41.450 - 11.41.458;                                                              
30                           (iv)  AS 11.41.460 if the indecent exposure is before a                                       
31                 person under 16 years of age and the offender has a previous conviction                                 
01                 for that offense;                                                                                       
02                           (v)  AS 11.61.125 - 11.61.128;                                                                
03                           (vi)  AS 11.66.110 or 11.66.130(a)(2) if the person who                                       
04                 was induced or caused to engage in prostitution was 16 or 17 years of                                   
05                 age at the time of the offense;                                                                         
06                           (vii)  former AS 11.15.120, former 11.15.134, or assault                                      
07                 with the intent to commit rape under former AS 11.15.160, former                                        
08                 AS 11.40.110, or former 11.40.200; [OR]                                                                 
09                           (viii)  AS 11.61.118(a)(2) if the offender has a previous                                     
10                 conviction for that offense; or                                                                     
11                      (D)  a crime in another jurisdiction that requires the person                                  
12            to register as a sex offender or child kidnapper in that jurisdiction;                                   
13    * Sec. 21. AS 15.80.010(9) is amended to read:                                                                     
14                 (9)  "felony involving moral turpitude" includes those crimes that are                                  
15       immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault,                             
16       sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion,                                    
17       coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a                           
18       forgery device, offering a false instrument for recording, scheme to defraud, falsifying                          
19       business records, commercial bribe receiving, commercial bribery, bribery, receiving a                            
20       bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor,                           
21       escape, promoting contraband, interference with official proceedings, receiving a bribe                           
22       by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical                           
23       evidence, hindering prosecution, terroristic threatening, riot, criminal possession of                            
24       explosives, unlawful furnishing of explosives, sex trafficking [PROMOTING                                     
25       PROSTITUTION], criminal mischief, misconduct involving a controlled substance or                                  
26       an imitation controlled substance, permitting an escape, promoting gambling,                                      
27       possession of gambling records, distribution of child pornography, and possession of                              
28       child pornography;                                                                                                
29    * Sec. 22. AS 28.15.046(c) is amended to read:                                                                     
30            (c)  The department may not issue a license under this section to an applicant                               
31       who has been convicted of any of the following offenses within 20 years of the time of                            
01       application:                                                                                                      
02                 (1)  sexual abuse of a minor in any degree under AS 11.41.434 -                                         
03       11.41.440;                                                                                                        
04                 (2)  sexual assault in any degree under AS 11.41.410 - 11.41.425;                                       
05                 (3)  incest under AS 11.41.450;                                                                         
06                 (4)  unlawful exploitation of a minor under AS 11.41.455;                                               
07                 (5)  contributing to the delinquency of a minor under AS 11.51.130;                                     
08                 (6)  a felony involving possession of a controlled or imitation                                         
09       controlled substance under AS 11.71 or AS 11.73;                                                                  
10                 (7)  a felony or misdemeanor involving distribution of a controlled or                                  
11       imitation controlled substance under AS 11.71 or AS 11.73;                                                        
12                 (8)  sex trafficking [PROMOTING PROSTITUTION] in the first or                                       
13       second degree under AS 11.66.110 or 11.66.120;                                                                    
14                 (9)  indecent exposure in the first or second degree under AS 11.41.458                                 
15       or 11.41.460.                                                                                                     
16    * Sec. 23. AS 47.12.110(d) is amended to read:                                                                     
17            (d)  Notwithstanding (a) of this section, a court hearing on a petition seeking                              
18       the adjudication of a minor as a delinquent shall be open to the public, except as                                
19       prohibited or limited by order of the court, if                                                                   
20                 (1)  the department files with the court a motion asking the court to                                   
21       open the hearing to the public, and the petition seeking adjudication of the minor as a                           
22       delinquent is based on                                                                                            
23                      (A)  the minor's alleged commission of an offense, and the                                         
24            minor has knowingly failed to comply with all the terms and conditions                                       
25            required of the minor by the department or imposed on the minor in a court                                   
26            order entered under AS 47.12.040(a)(2) or 47.12.120;                                                         
27                      (B)  the minor's alleged commission of                                                             
28                           (i)  a crime against a person that is punishable as a                                         
29                 felony;                                                                                                 
30                           (ii)  a crime in which the minor employed a deadly                                            
31                 weapon, as that term is defined in AS 11.81.900(b), in committing the                                   
01                 crime;                                                                                                  
02                           (iii)  arson under AS 11.46.400 - 11.46.410;                                                  
03                           (iv)  burglary under AS 11.46.300;                                                            
04                           (v)  distribution of child pornography under                                                  
05                 AS 11.61.125;                                                                                           
06                           (vi)  sex trafficking [PROMOTING PROSTITUTION]                                            
07                 in the first degree under AS 11.66.110; or                                                              
08                           (vii)  misconduct involving a controlled substance under                                      
09                 AS 11.71 involving the delivery of a controlled substance or the                                        
10                 possession of a controlled substance with intent to deliver, other than                                 
11                 an offense under AS 11.71.040 or AS 11.71.050; or                                                       
12                      (C)  the minor's alleged commission of a felony and the minor                                      
13            was 16 years of age or older at the time of commission of the offense when the                               
14            minor has previously been convicted or adjudicated a delinquent minor based                                  
15            on the minor's commission of an offense that is a felony; or                                                 
16                 (2)  the minor agrees to a public hearing on the petition seeking                                       
17       adjudication of the minor as a delinquent.                                                                        
18    * Sec. 24. AS 47.12.315(a) is amended to read:                                                                     
19            (a)  Notwithstanding AS 47.12.310, when an agency takes action under                                         
20       AS 47.12.040(a)(1) to adjust a matter, or when under AS 47.12.040(a)(2) the court                                 
21       directs the agency to adjust the matter, the agency                                                               
22                 (1)  shall, for a minor who is at least 13 years of age at the time of                                  
23       commission of the offense, disclose to the public the name of the minor, the name or                              
24       names of the parent, parents, or guardian of the minor, the action required by the                                
25       agency to be taken by the minor under AS 47.12.060 to adjust the matter, and                                      
26       information about the offense exclusive of information that identifies the victim of the                          
27       offense, if the minor was, under AS 47.12.020, previously alleged to be a delinquent                              
28       minor on the basis of the minor's commission of at least one offense and, on the basis                            
29       of that allegation, a state agency has, under AS 47.12.040(a), been asked to make a                               
30       preliminary inquiry to determine if any action on that matter is appropriate, and, if the                         
31       minor is alleged to be a delinquent minor on the basis of the minor's commission of                               
01       another offense, exercise of agency jurisdiction is based on the minor's alleged                                  
02       commission of that other offense, and that other offense is one of the following:                                 
03                      (A)  a crime against a person that is punishable as a felony;                                      
04                      (B)  a crime in which the minor employed a deadly weapon, as                                       
05            that term is defined in AS 11.81.900(b), in committing the crime;                                            
06                      (C)  arson under AS 11.46.400 - 11.46.410;                                                         
07                      (D)  burglary under AS 11.46.300;                                                                  
08                      (E)  distribution of child pornography under AS 11.61.125;                                         
09                      (F)  sex trafficking [PROMOTING PROSTITUTION] in the                                           
10            first degree under AS 11.66.110; or                                                                          
11                      (G)  misconduct involving a controlled substance under                                             
12            AS 11.71 involving the delivery of a controlled substance or the possession of                               
13            a controlled substance with intent to deliver, other than an offense under                                   
14            AS 11.71.040 or 11.71.050; and                                                                               
15                 (2)  may, for a minor who is at least 13 years of age at the time of                                    
16       commission of the offense, disclose to the public the name of the minor, the name or                              
17       names of the parent, parents, or guardian of the minor, the action required by the                                
18       agency to be taken by the minor under AS 47.12.060 to adjust the matter, and                                      
19       information about the offense exclusive of information that identifies the victim of the                          
20       offense if the minor has knowingly failed to comply with all terms and conditions                                 
21       required of the minor by the agency to adjust the matter under AS 47.12.060(b).                                   
22    * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to                         
23 read:                                                                                                                   
24            DIRECT COURT RULE AMENDMENT. The Alaska Rules of Criminal                                                    
25       Procedure are amended by adding a new section to read:                                                            
26            Rule 38.3. Video Conference Testimony.                                                                     
27            (a)  In General. In every trial the testimony of witnesses shall be taken in open                          
28       court, unless otherwise provided by statute or rule.                                                              
29            (b)  Testimony by Video Conference. The parties may agree to take                                          
30       testimony from a witness by contemporaneous two-way video conference presented in                                 
31       open court. Absent the parties' agreement, the court may authorize the                                            
01       contemporaneous two-way video conference testimony of a witness if                                                
02                 (1)  the requesting party establishes that testimony by two-way video                                   
03       conference is necessary to further an important public policy;                                                    
04                 (2)  the requesting party establishes that the witness is unavailable; and                              
05                 (3)  the testimony is given under oath and subject to cross-examination.                                
06            (c)  Procedures for Taking Video Conference Testimony. If the trial court                                  
07       authorizes video conference testimony under (b) of this rule, it shall determine the                              
08       procedures for taking the contemporaneous two-way video conference testimony. The                                 
09       parties, the court, the trier of fact, and the public must be able to see and hear the                            
10       witness; and the witness must see and hear the courtroom proceedings, including the                               
11       defendant, as if the witness were sitting in the courtroom's witness stand. The persons                           
12       who are present with the witness must be identified. The parties may move to exclude                              
13       any person other than the video conference technician from the witness's presence; the                            
14       court, in its discretion, may exclude a person other than the video conference                                    
15       technician from the presence of the witness.                                                                      
16            (d)  Definitions.                                                                                          
17                 (1)  Contemporaneous Two-Way Video Conference. Contemporaneous                                          
18       two-way video conference means a conference among people at different places by                                   
19       means of transmitted audio and video signals. It includes all communication                                       
20       technologies that allow two or more places to interact by two-way video and audio                                 
21       transmissions simultaneously.                                                                                     
22                 (2)  Unavailable. In this rule, a witness is unavailable if                                             
23                      (A)  by clear and convincing evidence the court finds under                                        
24            Rule 804(a)(4) or (5), Alaska Rules of Evidence, or Rule 15(e)(4), Alaska                                    
25            Rules of Criminal Procedure, that the witness is unavailable;                                                
26                      (B)  by clear and convincing evidence the court finds that under                                   
27            the circumstances the witness is unavailable; or                                                             
28                      (C)  the parties agree that the witness is unavailable.                                            
29    * Sec 26. The uncodified law of the State of Alaska is amended by adding a new section to                          
30 read:                                                                                                                   
31       APPLICABILITY. (a) Sections 1, 2, 7 - 11, 14, 17 - 19, 21 - 24, and 27 of this Act                                
01 apply to offenses committed before, on, or after the effective date of the Act.                                         
02       (b)  Sections 3 - 6, 12, 13, 16, 20, and 25 of this Act apply to offenses committed on or                         
03 after the effective date of this Act.                                                                                   
04    * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to                         
05 read:                                                                                                                   
06       REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the                                        
07 heading of AS 11.66.110 from "Promoting prostitution in the first degree" to "Sex trafficking                           
08 in the first degree".                                                                                                   
09    * Sec. 28. This Act takes effect July 1, 2012.