txt

CSHB 307(MLV): "An Act requiring a person who commits certain offenses under the code of military justice to register as a sex offender or child kidnapper; relating to the Servicemembers Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial punishment of members of the organized militia; relating to offenses subject to court-martial proceedings; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 307(MLV)                                                                    
01 "An Act requiring a person who commits certain offenses under the code of military                                      
02 justice to register as a sex offender or child kidnapper; relating to the Servicemembers                                
03 Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial                                 
04 punishment of members of the organized militia; relating to offenses subject to court-                                  
05 martial proceedings; and providing for an effective date."                                                              
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 12.63.100(1) is amended to read:                                                                   
08                 (1)  "aggravated sex offense" means                                                                     
09                      (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                         
10 another jurisdiction, in which the person committed or attempted to commit a                                            
11 sexual offense, or a similar offense under the laws of the other jurisdiction; in                                       
12 this subparagraph, "sexual offense" has the meaning given in                                                            
13            AS 11.41.100(a)(3);                                                                                          
01                      (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                         
02            another jurisdiction, in which the person committed or attempted to commit                                   
03            one of the following crimes, or a similar law of another jurisdiction:                                       
04                           (i)  sexual assault in the first degree;                                                      
05                           (ii)  sexual assault in the second degree;                                                    
06                           (iii)  sexual abuse of a minor in the first degree; or                                        
07                           (iv)  sexual abuse of a minor in the second degree; [OR]                                      
08                      (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                 
09 a crime, under AS 11.41.410, 11.41.434, or a similar law of another                                                     
10            jurisdiction or a similar provision under a former law of this state;                                        
11 (D)  an offense, or an attempt, solicitation, or conspiracy to                                                      
12            commit an offense, under                                                                                 
13 (i)  AS 26.05.890 if the person engaged in or                                                                       
14                 attempted to engage in sexual penetration; or                                                       
15 (ii)  AS 26.05.893 if the prohibited sexual activity in                                                             
16 which the member of the militia engaged or attempted to engage is                                                   
17                 sexual penetration;                                                                                 
18    * Sec. 2. AS 12.63.100(2) is amended to read:                                                                      
19                 (2)  "child kidnapping" means                                                                           
20 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
21 another jurisdiction, in which the person committed or attempted to commit                                              
22            kidnapping;                                                                                                  
23 (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                                              
24 another jurisdiction, in which the person committed or attempted to commit                                              
25 kidnapping if the victim was under 18 years of age at the time of the offense;                                          
26            [OR]                                                                                                         
27 (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                                      
28 a crime, under AS 11.41.300, or a similar law of another jurisdiction or a                                              
29 similar provision under a former law of this state, if the victim was under 18                                          
30            years of age at the time of the offense; or                                                              
31 (D)  an offense, or an attempt, solicitation, or conspiracy to                                                      
01            commit an offense, under AS 26.05.935(b) if                                                              
02                           (i)  the member of the militia commits the                                                
03                 enumerated offense of kidnapping, punishable under Article 134,                                     
04                 10 U.S.C. 934 (Uniform Code of Military Justice); and                                               
05                           (ii)  the victim was under 18 years of age at the time                                    
06                 of the offense;                                                                                     
07    * Sec. 3. AS 12.63.100(6) is amended to read:                                                                      
08                 (6)  "sex offense" means                                                                                
09                      (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                         
10 another jurisdiction, in which the person committed or attempted to commit a                                            
11 sexual offense, or a similar offense under the laws of the other jurisdiction; in                                       
12 this subparagraph, "sexual offense" has the meaning given in                                                            
13            AS 11.41.100(a)(3);                                                                                          
14 (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                                              
15 another jurisdiction, in which the person committed or attempted to commit                                              
16            one of the following crimes, or a similar law of another jurisdiction:                                       
17                           (i)  sexual assault in the first degree;                                                      
18                           (ii)  sexual assault in the second degree;                                                    
19                           (iii)  sexual abuse of a minor in the first degree; or                                        
20                           (iv)  sexual abuse of a minor in the second degree; or                                        
21 (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                                      
22            a crime, under the following statutes or a similar law of another jurisdiction:                              
23                           (i)  AS 11.41.410 - 11.41.438;                                                                
24                           (ii)  AS 11.41.440(a)(2);                                                                     
25                           (iii)  AS 11.41.450 - 11.41.458;                                                              
26 (iv)  AS 11.41.460 if the indecent exposure is before a                                                                 
27 person under 16 years of age and the offender has a previous conviction                                                 
28                 for that offense or for an offense under AS 26.05.900(c);                                           
29                           (v)  AS 11.61.125 - 11.61.128;                                                                
30 (vi)  AS 11.66.110 or 11.66.130(a)(2)(B) if the person                                                                  
31 who was induced or caused to engage in prostitution was under 20                                                        
01                 years of age at the time of the offense;                                                                
02                           (vii)  former AS 11.15.120, former 11.15.134, or assault                                      
03                 with the intent to commit rape under former AS 11.15.160, former                                        
04                 AS 11.40.110, or former 11.40.200;                                                                      
05                           (viii)  AS 11.61.118(a)(2) if the offender has a previous                                     
06                 conviction for that offense; [OR]                                                                       
07                           (ix)  AS 11.66.100(a)(2) if the offender is subject to                                        
08                 punishment under AS 11.66.100(e);                                                                     
09                           (x)  AS 26.05.890 if the person engaged in sexual                                         
10                 penetration or sexual contact with the victim;                                                      
11 (xi)  AS 26.05.890 if, at the time of the offense, the                                                              
12 victim is under a duty to obey the lawful orders of the offender,                                                   
13 regardless of whether the offender is in the direct chain of                                                        
14                 command over the victim;                                                                            
15                           (xii)  AS 26.05.893;                                                                      
16 (xiii)  AS 26.05.900(a)(1) - (4) if the victim is under 18                                                          
17                 years of age at the time of the offense;                                                            
18 (xiv)  AS 26.05.900(b) if the person who is compelled                                                               
19 to engage in an act of prostitution is under 20 years of age at the                                                 
20                 time of the offense;                                                                                
21 (xv)  AS 26.05.900(c) if the exposure is before a                                                                   
22 person under 16 years of age and the offender has a previous                                                        
23                 conviction for that offense or for an offense under AS 11.41.460;                                   
24 (xvi)  AS 26.05.900 if, at the time of the offense, the                                                             
25 victim is under a duty to obey the lawful orders of the offender,                                                   
26 regardless of whether the offender is in the direct chain of                                                        
27                 command over the victim; or                                                                         
28 (D)  an offense, or an attempt, solicitation, or conspiracy to                                                      
29 commit an offense, under AS 26.05.935(b) if the member of the militia                                               
30 commits one of the following enumerated offenses punishable under                                                   
31            Article 134, 10 U.S.C. 934 (Uniform Code of Military Justice):                                           
01                           (i)  child pornography; or                                                                
02                           (ii)  pandering and prostitution if the person who is                                     
03                 induced, enticed, caused, or procured to engage in a sexual act is                                  
04                 under 20 years of age at the time of the offense;                                                   
05    * Sec. 4. AS 12.63.100 is amended by adding new paragraphs to read:                                                
06                 (8)  "sexual contact" has the meaning given in AS 11.81.900;                                            
07                 (9)  "sexual penetration" has the meaning given in AS 11.81.900.                                        
08    * Sec. 5. AS 18.65.087(a) is amended to read:                                                                      
09            (a)  The Department of Public Safety shall maintain a central registry of sex                                
10 offenders and child kidnappers and shall adopt regulations necessary to carry out the                                   
11 purposes of this section and AS 12.63. A post of the Alaska state troopers or a                                         
12 municipal police department that receives registration or change of address                                             
13 information under AS 12.63.010 shall forward the information within five working                                        
14 days after [OF] receipt to the central registry of sex offenders and child kidnappers.                              
15 Unless the sex offender or child kidnapper provides proof satisfactory to the                                           
16 department that the sex offender or child kidnapper is not physically present in the                                    
17 state or that the time limits described in AS 12.63.010 have passed, the Department of                                  
18 Public Safety may enter and maintain in the registry information described in                                           
19 AS 12.63.010 about a sex offender or child kidnapper that the department obtains from                                   
20                 (1)  the sex offender or child kidnapper under AS 12.63;                                                
21 (2)  a post of the Alaska state troopers or a municipal police department                                               
22       under this subsection;                                                                                            
23 (3)  a court judgment under AS 12.55.148, AS 26.05.890(h),                                                          
24       26.05.893(d), 26.05.900(e), or 26.05.935(d);                                                                  
25                 (4)  the Department of Corrections under AS 33.30.012 or 33.30.035;                                     
26 (5)  the Federal Bureau of Investigation or another sex offender                                                        
27 registration agency outside this state if the information indicates that a sex offender or                              
28 child kidnapper is believed to be residing or planning to reside in the state or cannot be                              
29       located;                                                                                                          
30                 (6)  a criminal justice agency in the state or another jurisdiction;                                    
31 (7)  the department's central repository under AS 12.62; information                                                    
01       entered in the registry from the repository is not subject to the requirements of                                 
02       AS 12.62.160(c)(3) or (4);                                                                                        
03                 (8)  the Department of Military and Veterans' Affairs; or                                           
04                 (9)  [OR (8)] another reliable source as defined in regulations adopted                             
05       by the department.                                                                                                
06    * Sec. 6. AS 26.05.135 is amended to read:                                                                         
07 Sec. 26.05.135. Applicability of Servicemembers Civil Relief Act to                                             
08 members of the organized militia; contracts [SUSPENSION OF                                                        
09 ENFORCEMENT OF CIVIL LIABILITIES]. The provisions of 50 U.S.C. 3901 -                                             
10 4043 (Servicemembers Civil Relief Act) [50 U.S.C. APP. 501 - 590,] pertaining to                                    
11 consumer transactions and the temporary suspension of enforcement of civil                                          
12 liabilities of persons in the military service of the United States [,] apply to members                                
13 of the organized militia [ALASKA NATIONAL GUARD AND ALASKA NAVAL                                                    
14       MILITIA] while on active duty for the state by order of the governor.                                             
15    * Sec. 7. AS 26.05.135 is amended by adding new subsections to read:                                               
16 (b)  In addition to the rights and protections provided under 50 U.S.C. 3901 -                                          
17 4043 (Servicemembers Civil Relief Act) and (a) of this section, a servicemember may                                     
18 terminate a contract for any of the following services provided in this state if the                                    
19 servicemember receives official orders to relocate for a period of military service of at                               
20 least 90 days to a location that does not support the contract and the servicemember                                    
21       provides written notice to the service provider as required under (c) of this section:                            
22                 (1)  Internet services;                                                                                 
23                 (2)  athletic club or gym memberships;                                                                  
24                 (3)  satellite radio services; or                                                                       
25                 (4)  television services.                                                                               
26 (c)  To terminate a contract under (b) of this section, the servicemember shall                                         
27 provide the service provider with (1) written notice that the servicemember is                                          
28 terminating the contract and the date the contract terminates, and (2) proof of the                                     
29 official orders calling the servicemember into active military service. If possible, the                                
30 servicemember shall provide the proof of the official orders at the same time the                                       
31 servicemember provides written notice terminating the contract. If, because of military                                 
01 necessity or other circumstances, the servicemember is unable to provide proof of                                       
02 official orders at the time the servicemember provides written notice terminating the                                   
03 contract, the servicemember shall provide proof of the official orders not more than 90                                 
04 days after providing written notice terminating the contract. A termination of contract                                 
05 under this section is effective on the later of the following: the termination date the                                 
06 servicemember indicates in the written notice terminating the contract or the date the                                  
07       servicemember provides the written notice terminating the contract.                                               
08 (d)  A servicemember who terminates a contract under this section may                                                   
09 reinstate the contract when the servicemember is no longer in active military service if                                
10 the servicemember provides written notice not later than 90 days after the active                                       
11 military service ends. Not later than 30 days after receiving a written notice of                                       
12 reinstatement of a contract under this subsection, a service provider shall resume                                      
13 providing services under the contract to the servicemember or, if the services                                          
14 previously provided are no longer available, shall provide substantially similar                                        
15       services to the servicemember.                                                                                    
16 (e)  A service provider may not charge to a servicemember a penalty, fee, or                                            
17 other cost, or retain the deposit of a servicemember, who terminates a contract under                                   
18 this section. A servicemember who terminates a contract under this section is not                                       
19 liable for payment for any services after the effective date of the termination of a                                    
20       contract under this section.                                                                                      
21            (f)  In this section,                                                                                        
22 (1)  "organized militia" includes the units of the militia described in                                                 
23       AS 26.05.010(b)(1);                                                                                               
24 (2)  "servicemember" means a member of the armed forces of the                                                          
25       United States or a member of the organized militia of the state.                                                  
26    * Sec. 8. AS 26.05.360(b) is amended to read:                                                                      
27            (b)  The regulations adopted under this section must                                                         
28 (1)  provide for nonjudicial punishment; the regulations for nonjudicial                                                
29 punishment may not provide for confinement or separation from military service [OR                                      
30 PROHIBIT A MEMBER OF THE MILITIA FROM DECLINING THE                                                                     
31 IMPOSITION OF NONJUDICIAL PUNISHMENT IN FAVOR OF A COURT-                                                               
01       MARTIAL];                                                                                                         
02 (2)  as the adjutant general and the governor consider practicable, apply                                               
03 the principles of law and the rules of evidence and procedure governing military                                        
04 criminal cases in the courts of the armed forces of the United States, but may not be                                   
05 contrary to or inconsistent with this chapter or the applicable Alaska Rules of                                         
06       Evidence;                                                                                                         
07                 (3)  include rules of pretrial, trial, and post-trial procedure, including                              
08       methods of proof, for cases before courts-martial and courts of inquiry.                                          
09    * Sec. 9. AS 26.05.555(a) is amended to read:                                                                      
10 (a)  A military judge or summary court-martial officer may punish for                                                   
11       contempt a person who                                                                                             
12                 (1)  uses a menacing word, sign, or gesture in its presence;                                    
13                 (2)  [, OR WHO] disturbs its proceedings by any riot or disorder; or                            
14 (3)  wilfully disobeys a lawful writ, process, order, rule, decree, or                                              
15       command of the military judge or summary court-martial officer.                                               
16    * Sec. 10. AS 26.05 is amended by adding a new section to read:                                                    
17 Sec. 26.05.697. Misprision of serious offense. A member of the militia who                                            
18 (1) knows that another person has committed a serious offense, (2) wrongfully                                           
19 conceals the commission of the offense, and (3) fails to make the commission of the                                     
20 offense known to a civilian or military authority as soon as possible shall be punished                                 
21       as a court-martial may direct.                                                                                    
22    * Sec. 11. AS 26.05.700 is amended to read:                                                                        
23 Sec. 26.05.700.  Conviction of lesser included offense.  An accused may be                                            
24 found guilty of an offense necessarily included in the offense charged, [OR] of an                                  
25 attempt to commit either the offense under this chapter charged or an offense                                           
26 necessarily included in the offense charged, or of an offense designated by the                                     
27 President of the United States, in an appendix to the 2017 Manual for Courts-                                       
28 Martial, United States, as a presidentially prescribed lesser included offense                                      
29       under 10 U.S.C. 879.                                                                                          
30    * Sec. 12. AS 26.05.715 is amended by adding a new subsection to read:                                             
31 (c)  A member of the militia who solicits or advises another person to commit                                           
01       an offense under this chapter, other than an offense specified in (a) or (b) of this                              
02       section, shall be punished as a court-martial may direct.                                                         
03    * Sec. 13. AS 26.05 is amended by adding a new section to read:                                                    
04 Sec. 26.05.737. False or unauthorized pass offenses. (a) A member of the                                              
05 militia who wrongfully and falsely makes, alters, counterfeits, or tampers with a                                       
06 military or official pass, permit, discharge certificate, or identification card shall be                               
07       punished as a court-martial may direct.                                                                           
08            (b)  A member of the militia who wrongfully sells, gives, lends, or disposes of                              
09       a false or unauthorized military or official pass, permit, discharge certificate, or                              
10 identification card, knowing that the pass, permit, discharge certificate, or                                           
11 identification card is false or unauthorized, shall be punished as a court-martial may                                  
12       direct.                                                                                                           
13 (c)  A member of the militia who wrongfully uses or possesses a false or                                                
14 unauthorized military or official pass, permit, discharge certificate, or identification                                
15 card, knowing that the pass, permit, discharge certificate, or identification card is false                             
16       or unauthorized, shall be punished as a court-martial may direct.                                                 
17    * Sec. 14. AS 26.05.740 is amended to read:                                                                        
18 Sec. 26.05.740.  Missing movement; jumping from vessel.  A member of the                                            
19 militia who, (1) through neglect or design, misses the movement of a ship, aircraft, or                             
20 unit with which the member is required, in the course of duty, to move, or (2)                                      
21 intentionally or wrongfully jumps into the water from a vessel in use by the                                        
22 armed forces may be punished by up to one year of confinement, by separation with                                   
23 characterization up to dishonorable discharge, and by such other punishment as a                                        
24       court-martial may direct.                                                                                         
25    * Sec. 15. AS 26.05 is amended by adding new sections to read:                                                     
26 Sec. 26.05.767. Impersonation of officer, noncommissioned officer, petty                                              
27 officer, agent, or official. (a) A member of the militia who wrongfully and wilfully                                  
28 impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an agent of                                 
29 superior authority of one of the armed forces of the United States or of the militia of                                 
30 the state, or (3) an official of a government shall be punished as a court-martial may                                  
31       direct.                                                                                                           
01 (b)  A member of the militia who wrongfully, wilfully, and with intent to                                               
02 defraud impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an                                  
03 agent of superior authority of one of the armed forces of the United States or of the                                   
04 militia of the state, or (3) an official of a government shall be punished as a court-                                  
05       martial may direct.                                                                                               
06 (c)  A member of the militia who wrongfully, wilfully, and without intent to                                            
07 defraud impersonates an official of a government by committing an act that exercises                                    
08 or asserts the authority of the office that the person claims to have shall be punished as                              
09       a court-martial may direct.                                                                                       
10 Sec. 26.05.768. Wearing unauthorized insignia, decoration, badge, ribbon,                                             
11 device, or lapel button.  A member of the militia who wears on the member's uniform                                   
12 or civilian clothing an insignia, decoration, badge, ribbon, device, or lapel button that                               
13       the member is not authorized to wear shall be punished as a court-martial may direct.                             
14    * Sec. 16. AS 26.05.785 is amended by adding a new subsection to read:                                             
15 (b)  A member of the militia who unlawfully drinks an alcoholic beverage with                                           
16 a prisoner or unlawfully uses a drug with a prisoner may be punished by up to one                                       
17 year of confinement, by separation with characterization up to dishonorable discharge,                                  
18 and by such other punishment as a court-martial may direct, whether or not the                                          
19       prisoner was committed in strict compliance with law.                                                             
20    * Sec. 17. AS 26.05 is amended by adding a new section to read:                                                    
21 Sec. 26.05.793. Wrongful interference with adverse administrative                                                     
22 proceeding. A member of the militia who, having reason to believe that an adverse                                     
23 administrative proceeding is pending against a person subject to this chapter,                                          
24 wrongfully acts with the intent to influence, impede, or obstruct the conduct of the                                    
25 proceeding or otherwise obstruct the due administration of justice shall be punished as                                 
26       a court-martial may direct.                                                                                       
27    * Sec. 18. AS 26.05 is amended by adding new sections to read:                                                     
28 Sec. 26.05.796. Wrongful refusal to testify. A member of the militia who,                                             
29 during a preliminary hearing or in the presence of a court-martial, board of officers,                                  
30 military commission, court of inquiry, or officer taking a deposition of or for the state,                              
31 wrongfully refuses to qualify as a witness or answer a question after having been                                       
01 directed to do so by the person presiding over the proceeding shall be punished as a                                    
02       court-martial may direct.                                                                                         
03 Sec. 26.05.798. Retaliation. A member of the militia who, with the intent to                                          
04 retaliate against a person for reporting or planning to report a criminal offense or for                                
05 making or planning to make a protected communication, or who, with the intent to                                        
06 discourage any person from reporting a criminal offense or from making or planning                                      
07 to make a protected communication, (1) wrongfully takes or threatens to take an                                         
08 adverse personnel action against a person or (2) wrongfully withholds or threatens to                                   
09 withhold a favorable personnel action with respect to a person shall be punished as a                                   
10       court-martial may direct.                                                                                         
11    * Sec. 19. AS 26.05 is amended by adding a new section to read:                                                    
12 Sec. 26.05.833. Offenses against correctional custody and restriction. (a) A                                          
13 member of the militia who (1) is placed in correctional custody by a person authorized                                  
14 to do so, (2) is placed under physical restraint while in correctional custody, and (3)                                 
15 escapes from the physical restraint before the member is released from physical                                         
16       restraint by proper authority shall be punished as a court-martial may direct.                                    
17 (b)  A member of the militia who (1) is placed in correctional custody by a                                             
18 person authorized to do so, (2) is placed under restraint other than physical restraint                                 
19 while in correctional custody, and (3) goes beyond the limits of the restraint before the                               
20 member is released from or relieved of the restraint by proper authority shall be                                       
21       punished as a court-martial may direct.                                                                           
22 (c)  A member of the militia who (1) is ordered to be restricted to certain limits                                      
23 by a person authorized to do so and (2) with knowledge of the limits of the restriction,                                
24 goes beyond the limits before the member is released from the limitations by proper                                     
25       authority shall be punished as a court-martial may direct.                                                        
26    * Sec. 20. AS 26.05.835 is amended by adding a new subsection to read:                                             
27 (b)  A member of the militia who (1) takes an oath that is in a matter in which                                         
28 the oath is required or authorized by law and that is administered by a person who has                                  
29 the authority to administer the oath and (2) makes or subscribes to a statement that is                                 
30 false and that the person does not believe to be true at the time the person takes the                                  
31       oath shall be punished as a court-martial may direct.                                                             
01    * Sec. 21. AS 26.05.860 is amended to read:                                                                        
02 Sec. 26.05.860.  Drunkenness and other incapacitating offenses [DRUNK                                               
03 ON DUTY].  A member of the militia, other than a sentinel or lookout, who (1) is                                  
04 found under the influence of alcohol or a drug while on duty, or (2) as a result of                             
05 indulgence in any alcoholic beverage or drug, is unable to properly perform the                                     
06 member's duty may be punished by up to one year of confinement, by separation                                       
07 with characterization up to dishonorable discharge, and by such other punishment as a                                   
08       court-martial may direct.                                                                                         
09    * Sec. 22. AS 26.05.860 is amended by adding a new subsection to read:                                             
10 (b)  A member of the militia who, while a prisoner, is drunk or under the                                               
11 influence of a controlled substance other than a controlled substance taken in                                          
12 accordance with a valid prescription shall be punished as a court-martial may direct. In                                
13       this subsection, "controlled substance" has the meaning given in AS 26.05.870.                                    
14    * Sec. 23. AS 26.05.865 is amended to read:                                                                        
15 Sec. 26.05.865. Misbehavior of sentinel. A sentinel or lookout who is found                                           
16 under the influence of alcohol or a drug or sleeping on the sentinel's or lookout's post                            
17 or who leaves the post before being regularly relieved or loiters or wrongfully sits                            
18 down on post may be punished, if the offense is committed in time of war or                                         
19 emergency as described in AS 26.05.070, by confinement of not more than 10 years,                                       
20 by separation with characterization up to dishonorable discharge, and by such other                                     
21 punishment as a court-martial may direct, but if the offense is committed at any other                                  
22 time, by up to one year of confinement, by separation with characterization up to                                       
23       dishonorable discharge, and by such other punishment as a court-martial may direct.                               
24    * Sec. 24. AS 26.05 is amended by adding a new section to read:                                                    
25 Sec. 26.05.867. Disrespect toward sentinel or lookout. A member of the                                                
26 militia who, knowing that another person is a sentinel or lookout, uses wrongful and                                    
27 disrespectful language or behaves in a wrongful and disrespectful manner that is                                        
28 directed toward and within the hearing of the sentinel or lookout while the sentinel or                                 
29 lookout is executing the sentinel or lookout's duties shall be punished as a court-                                     
30       martial may direct.                                                                                               
31    * Sec. 25. AS 26.05.890(a) is amended to read:                                                                     
01 (a)  A member of the militia who commits any of the following acts is guilty of                                         
02 sexual assault and, except as provided under (g) of this section, shall [MAY] be                                    
03 punished [BY UP TO 10 YEARS OF CONFINEMENT,] by separation with                                                         
04 characterization [UP TO] dishonorable discharge[,] and may, in addition to                                          
05 separation, be punished by up to 10 years of confinement and by such other                                          
06       punishment as a court-martial may direct:                                                                         
07                 (1)  a sexual act on another person by                                                                  
08                      (A)  threatening or placing another person in fear;                                                
09                      (B)  causing bodily harm to another person;                                                        
10 (C)  making a fraudulent representation that the sexual act                                                             
11            serves a professional purpose;                                                                               
12 (D)  inducing a belief by any artifice, pretense, or concealment                                                        
13            that the person is another person;                                                                           
14 (2)  a sexual act on another person when the person knows or                                                            
15 reasonably should know that the other person is asleep, unconscious, or otherwise                                       
16       unaware that the sexual act is occurring;                                                                         
17 (3)  a sexual act on another person when the other person is incapable                                                  
18       of consenting to the sexual act because of                                                                        
19 (A)  impairment by a drug, intoxicant, or other similar                                                                 
20 substance, and that condition is known or reasonably should be known by the                                             
21            person;                                                                                                      
22 (B)  a mental disease or defect or physical disability, and that                                                        
23            condition is known or reasonably should be known by the person.                                              
24    * Sec. 26. AS 26.05.890 is amended by adding new subsections to read:                                              
25 (g)  The convening authority of the court-martial may reduce, commute, or                                               
26 suspend a sentence of separation with characterization dishonorable discharge                                           
27 imposed by a court-martial under (a) of this section to a sentence of separation with                                   
28 characterization bad conduct if, after sentencing and before the entry of judgment, the                                 
29 accused provides substantial assistance with the investigation or prosecution of                                        
30       another person.                                                                                                   
31 (h)  When a person is convicted of an offense under this section that requires                                          
01 the person to register as a sex offender under AS 12.63, the court-martial shall provide                                
02 the person with information regarding sex offender registration under AS 12.63.010                                      
03 and, if it can be determined by the court-martial, inform the person whether the                                        
04       conviction will require the person to register for life or a lesser period under AS 12.63.                        
05    * Sec. 27. AS 26.05 is amended by adding a new section to read:                                                    
06 Sec. 26.05.893. Prohibited sexual activities with military recruit or trainee                                         
07 by person in position of special trust. (a) A member of the militia who (1) is an                                     
08 officer, a noncommissioned officer, or a petty officer, (2) is in a training leadership                                 
09 position with respect to a specially protected junior member of the armed forces of the                                 
10 United States or of the militia of the state, and (3) engages in prohibited sexual activity                             
11 with the specially protected junior member of the armed forces of the United States or                                  
12       of the militia of the state shall be punished as a court-martial may direct.                                      
13 (b)  A member of the militia who is a military recruiter and engages in                                                 
14 prohibited sexual activity with (1) an applicant for military service or (2) a specially                                
15 protected junior member of the armed forces of the United States or of the militia of                                   
16       the state who is enlisted under a delayed entry program shall be punished as a court-                             
17       martial may direct.                                                                                               
18            (c)  Consent is not a defense in a prosecution under this section.                                           
19 (d)  When a person is convicted of an offense under this section that requires                                          
20 the person to register as a sex offender under AS 12.63, the court-martial shall provide                                
21 the person with information regarding sex offender registration under AS 12.63.010                                      
22 and, if it can be determined by the court-martial, inform the person whether the                                        
23       conviction will require the person to register for life or a lesser period under AS 12.63.                        
24    * Sec. 28. AS 26.05 is amended by adding a new section to read:                                                    
25 Sec. 26.05.897. Assault. (a) A member of the militia commits the offense of                                           
26 assault if the person attempts or offers to do bodily harm to another person using                                      
27 unlawful force or violence, whether or not the attempt or offer is consummated. A                                       
28 person who commits assault may be punished by up to one year of confinement, by                                         
29 separation with characterization up to dishonorable discharge, and by such other                                        
30       punishment as a court-martial may direct.                                                                         
31 (b)  A member of the militia commits the offense of aggravated assault if the                                           
01 person (1) uses a dangerous weapon or other means or force likely to produce death or                                   
02 grievous bodily harm to commit the offense described in (a) of this section or (2)                                      
03 commits the offense described in (a) of this section and intentionally inflicts grievous                                
04 bodily harm, with or without a weapon, on another person. A person who commits                                          
05 aggravated assault may be punished by up to five years of confinement, by separation                                    
06 with characterization up to dishonorable discharge, and by such other punishment as a                                   
07       court-martial may direct.                                                                                         
08    * Sec. 29. AS 26.05.900(a) is amended to read:                                                                     
09 (a)  A member of the militia who knowingly commits any of the following acts                                            
10 without legal justification or lawful authorization is guilty of an offense under this                                  
11 section and may be punished by up to one year of confinement, by separation with                                        
12 characterization up to dishonorable discharge, and by such other punishment as a                                        
13       court-martial may direct:                                                                                         
14 (1)  knowingly and wrongfully views the private area of another                                                         
15 person, without the other person's consent and under circumstances in which the other                                   
16       person has a reasonable expectation of privacy;                                                                   
17 (2)  knowingly and wrongfully photographs, videotapes, films, or                                                        
18 records, by any means, the private area of another person without the other person's                                    
19 consent and under circumstances in which the other person has a reasonable                                              
20       expectation of privacy;                                                                                           
21 (3)  knowingly [AND WRONGFULLY] broadcasts [OR                                                                          
22 DISTRIBUTES] a recording of another person's private area that the person knows                                     
23       or reasonably should know was made or broadcast                                                               
24                      (A)  without the other person's consent; and                                                   
25 (B)  under circumstances in which the other person had a                                                            
26            reasonable expectation of privacy;                                                                       
27 (4)  knowingly distributes a recording of another person's private                                                  
28       area that the person knows or reasonably should know was made or distributed                                  
29                      (A)  without the other person's consent; and                                                   
30 (B)  under circumstances in which the other person had a                                                            
31 reasonable expectation of privacy [UNDER THE CIRCUMSTANCES                                                          
01            DESCRIBED IN (2) OF THIS SUBSECTION].                                                                        
02    * Sec. 30. AS 26.05.900(d) is amended by adding new paragraphs to read:                                            
03                 (7)  "recording" means a still or moving visual image captured or                                       
04       recorded by any means;                                                                                            
05                 (8)  "without the other person's consent" has the meaning given to                                      
06       "without consent" in AS 11.41.470.                                                                                
07    * Sec. 31. AS 26.05.900 is amended by adding a new subsection to read:                                             
08            (e)  When a person is convicted of an offense under this section that requires                               
09       the offender to register as a sex offender under AS 12.63, the court-martial shall                                
10 provide the person with information regarding sex offender registration under                                           
11 AS 12.63.010 and, if it can be determined by the court-martial, inform the person                                       
12 whether the conviction will require the person to register for life or a lesser period                                  
13       under AS 12.63.                                                                                                   
14    * Sec. 32. AS 26.05 is amended by adding a new section to read:                                                    
15 Sec. 26.05.913. Public records offenses. A member of the militia who (1)                                              
16 wilfully and unlawfully alters, conceals, removes, mutilates, obliterates, or destroys a                                
17 public record or (2) takes a public record with the intent to alter, conceal, remove,                                   
18 mutilate, obliterate, or destroy the public record shall be punished as a court-martial                                 
19       may direct.                                                                                                       
20    * Sec. 33. AS 26.05.935 is amended by adding a new subsection to read:                                             
21 (d)  When a person is convicted of an enumerated offense under (b) of this                                              
22 section that requires the offender to register as a sex offender under AS 12.63, the                                    
23 court-martial shall provide the person with information regarding sex offender                                          
24 registration under AS 12.63.010 and, if it can be determined by the court-martial,                                      
25 inform the person whether the conviction will require the person to register for life or                                
26       a lesser period under AS 12.63.                                                                                   
27    * Sec. 34. AS 26.05 is amended by adding new sections to read:                                                     
28 Sec. 26.05.940. Offenses concerning government computers. (a) A member                                                
29 of the militia who (1) knowingly accesses a government computer with an                                                 
30 unauthorized purpose, (2) by accessing the government computer obtains classified                                       
31 information, and (3) with reason to believe the information could be used to the injury                                 
01 of the United States or to the advantage of any foreign nation, intentionally                                           
02 communicates, delivers, or transmits the information, or causes the information to be                                   
03 communicated, delivered, or transmitted, to any person who is not entitled to receive                                   
04       the information shall be punished as a court-martial may direct.                                                  
05 (b)  A member of the militia who intentionally accesses a government                                                    
06 computer with an unauthorized purpose and by accessing the government computer                                          
07 obtains classified or other protected information from the government computer shall                                    
08       be punished as a court-martial may direct.                                                                        
09 (c)  A member of the militia who knowingly causes the transmission of a                                                 
10 program, information, code, or command and, as a result of that conduct, intentionally                                  
11 and without authorization causes damage to a government computer shall be punished                                      
12       as a court-martial may direct.                                                                                    
13 Sec. 26.05.945. Breach of medical quarantine. A member of the militia who                                             
14 is ordered into medical quarantine by a person authorized to issue the quarantine order                                 
15 and who, with knowledge of the quarantine order and the limits imposed under the                                        
16 quarantine order, goes beyond the limits imposed under the quarantine order before                                      
17 the person is released from quarantine by proper authority shall be punished as a                                       
18       court-martial may direct.                                                                                         
19    * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to                         
20 read:                                                                                                                   
21 APPLICABILITY. (a) AS 26.05.135, as amended by secs. 6 and 7 of this Act, applies                                       
22 only to a contract entered into on or after the effective date of secs. 6 and 7 of this Act.                            
23 (b)  AS 12.63.100(1), as amended by sec. 1 of this Act, AS 12.63.100(2), as amended                                     
24 by sec. 2 of this Act, AS 12.63.100(6), as amended by sec. 3 of this Act, AS 12.63.100(8) and                           
25 (9), enacted by sec. 4 of this Act, AS 18.65.087(a), as amended by sec. 5 of this Act,                                  
26 AS 26.05.890(h), enacted by sec. 26 of this Act, AS 26.05.893(d), enacted by sec. 27 of this                            
27 Act, AS 26.05.900(e), enacted by sec. 31 of this Act, and AS 26.05.935(d), enacted by sec. 33                           
28 of this Act, apply to persons convicted of sex offenses or child kidnapping on or after the                             
29 effective date of secs. 1 - 5, 26, 27, 31, and 33 of this Act.                                                          
30 (c)  AS 26.05.360(b), as amended by sec. 8 of this Act, applies to nonjudicial                                          
31 punishment imposed for offenses committed on or after the effective date of sec. 8 of this Act.                         
01 (d)  AS 26.05.555(a), as amended by sec. 9 of this Act, AS 26.05.697, enacted by sec.                                   
02 10 of this Act, AS 26.05.700, as amended by sec. 11 of this Act, AS 26.05.715(c), enacted by                            
03 sec. 12 of this Act, AS 26.05.737, enacted by sec. 13 of this Act, AS 26.05.740, as amended                             
04 by sec. 14 of this Act, AS 26.05.767 and 26.05.768, enacted by sec. 15 of this Act,                                     
05 AS 26.05.785(b), enacted by sec. 16 of this Act, AS 26.05.793, enacted by sec. 17 of this Act,                          
06 AS 26.05.796 and 26.05.798, enacted by sec. 18 of this Act, AS 26.05.833, enacted by sec. 19                            
07 of this Act, AS 26.05.835(b), enacted by sec. 20 of this Act, AS 26.05.860, as amended by                               
08 sec. 21 of this Act, AS 26.05.860(b), enacted by sec. 22 of this Act, AS 26.05.865, as                                  
09 amended by sec. 23 of this Act, AS 26.05.867, enacted by sec. 24 of this Act,                                           
10 AS 26.05.890(a), as amended by sec. 25 of this Act, AS 26.05.890(g), enacted by sec. 26 of                              
11 this Act, AS 26.05.893(a) - (c), enacted by sec. 27 of this Act, AS 26.05.897, enacted by sec.                          
12 28 of this Act, AS 26.05.900(a), as amended by sec. 29 of this Act, AS 26.05.900(d), enacted                            
13 by sec. 30 of this Act, AS 26.05.913, enacted by sec. 32 of this Act, and AS 26.05.940 and                              
14 26.05.945, enacted by sec. 34 of this Act, apply to offenses occurring on or after the effective                        
15 date of secs. 9 - 30, 32, and 34 of this Act.                                                                           
16    * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to                         
17 read:                                                                                                                   
18 DUTY OF ADJUTANT GENERAL OF THE DEPARTMENT OF MILITARY AND                                                              
19 VETERANS' AFFAIRS; NOTICE TO REVISOR OF STATUTES. The adjutant general of                                               
20 the Department of Military and Veterans' Affairs shall notify the revisor of statutes, on or                            
21 before January 1, 2019, if the President of the United States signs an executive order                                  
22 designating the effective date, under sec. 5542, P.L. 114-328, National Defense Authorization                           
23 Act for Fiscal Year 2017, of the amendments to the Uniform Code of Military Justice made                                
24 by the Military Justice Act of 2016.                                                                                    
25    * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to                         
26 read:                                                                                                                   
27 CONDITIONAL EFFECT. Sections 1 - 5, 8 - 34, and 35(b) - (d) of this Act take                                            
28 effect only if the adjutant general of the Department of Military and Veterans' Affairs notifies                        
29 the revisor of statutes under sec. 36 of this Act, on or before January 1, 2019, that the                               
30 President of the United States has signed an executive order designating the effective date,                            
31 under sec. 5542, P.L. 114-328, National Defense Authorization Act for Fiscal Year 2017, of                              
01 the amendments to the Uniform Code of Military Justice made by the Military Justice Act of                              
02 2016 and the effective date designated in the executive order is January 1, 2019, or earlier.                           
03    * Sec. 38. If secs. 1 - 5, 8 - 34, and 35(b) - (d) of this Act take effect under sec. 37 of this                   
04 Act, they take effect January 1, 2019.                                                                                  
05    * Sec. 39. Except as provided in sec. 38 of this Act, this Act takes effect July 1, 2018.