SB 54: "An Act relating to crime and criminal law; relating to violation of condition of release; relating to sex trafficking; relating to sentencing; relating to probation; relating to the pretrial services program; and providing for an effective date."
00 SENATE BILL NO. 54 01 "An Act relating to crime and criminal law; relating to violation of condition of release; 02 relating to sex trafficking; relating to sentencing; relating to probation; relating to the 03 pretrial services program; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.56.757(a) is amended to read: 06 (a) A person commits the crime [OFFENSE] of violation of condition of 07 release if the person 08 (1) has been charged with a crime or convicted of a crime; 09 (2) has been released under AS 12.30; and 10 (3) violates a condition of release imposed by a judicial officer under 11 AS 12.30, other than the requirement to appear as ordered by a judicial officer. 12 * Sec. 2. AS 11.56.757(b) is amended to read: 13 (b) Violation of condition of release is a class B misdemeanor [VIOLATION 14 PUNISHABLE BY A FINE OF UP TO $1,000].
01 * Sec. 3. AS 11.66.130(a) is amended to read: 02 (a) A person commits the crime of sex trafficking in the third degree if [, 03 WITH INTENT TO PROMOTE PROSTITUTION,] the person 04 (1) receives compensation for prostitution services rendered by 05 another; and 06 (2) with the intent to promote prostitution, 07 (A) manages, supervises, controls, or owns, either alone or in 08 association with others, a place of prostitution; 09 (B) [(2)] as other than a patron of a prostitute, induces or 10 causes another person who is 20 years of age or older to engage in prostitution; 11 (C) [(3) AS OTHER THAN A PROSTITUTE RECEIVING 12 COMPENSATION FOR PERSONALLY RENDERED PROSTITUTION 13 SERVICES,] receives or agrees to receive money or other property under an 14 agreement or understanding that the money or other property is derived from 15 prostitution; or 16 (D) [(4)] engages in conduct that institutes, aids, or facilitates a 17 prostitution enterprise. 18 * Sec. 4. AS 11.66.135(a) is amended to read: 19 (a) A person commits the crime of sex trafficking in the fourth degree if the 20 person 21 (1) receives compensation for prostitution services rendered by 22 another; and 23 (2) engages in conduct that institutes, aids, or facilitates prostitution 24 under circumstances not proscribed under AS 11.66.130(a)(2)(D) 25 [AS 11.66.130(a)(4)]. 26 * Sec. 5. AS 12.55.125(e) is amended to read: 27 (e) Except as provided in (i) of this section, a defendant convicted of a class C 28 felony may be sentenced to a definite term of imprisonment of not more than five 29 years, and shall be sentenced to a definite term within the following presumptive 30 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 31 (1) if the offense is a first felony conviction and does not involve
01 circumstances described in (4) of this subsection, zero to 90 days [PROBATION], 02 with a suspended term of imprisonment of zero to 18 months; a defendant sentenced 03 under this paragraph may, if the court finds it appropriate, be granted a suspended 04 imposition of sentence under AS 12.55.085; 05 (2) if the offense is a second felony conviction, one to three years; 06 (3) if the offense is a third felony conviction, two to five years; 07 (4) if the offense is a first felony conviction, and the defendant violated 08 (A) AS 08.54.720(a)(15), one to two years; 09 (B) AS 28.35.030(n)(1)(A) or 28.35.032(p)(1)(A), 120 days to 10 239 days; 11 (C) AS 28.35.030(n)(1)(B) or 28.35.032(p)(1)(B), 240 days to 12 359 days; 13 (D) AS 28.35.030(n)(1)(C) or 23.35.032(p)(1)(C), 360 days to 14 two years. 15 * Sec. 6. AS 12.55.125 is amended by adding a new subsection to read: 16 (q) Except for convictions subject to a mandatory term of imprisonment of 99 17 years, the court shall impose a term of probation in addition to an active term of 18 imprisonment imposed under (i) of this section. 19 * Sec. 7. AS 12.55.135(a) is amended to read: 20 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 21 definite term of imprisonment of not more than 22 (1) one year, if the 23 (A) conviction is for a crime with a mandatory minimum term 24 of 30 days or more of active imprisonment; 25 (B) trier of fact finds the aggravating factor that the conduct 26 constituting the offense was among the most serious conduct included in the 27 definition of the offense; 28 (C) defendant has previously been convicted two or more 29 times [PAST CRIMINAL CONVICTIONS] for conduct violative of criminal 30 laws, punishable as felonies or misdemeanors, similar in nature to the offense 31 for which the defendant is being sentenced;
01 (D) conviction is for an assault in the fourth degree under 02 AS 11.41.230; or 03 (E) conviction is for a violation of 04 (i) AS 11.41.427; 05 (ii) AS 11.41.440; 06 (iii) AS 11.41.460, if the indecent exposure is before a 07 person under 16 years of age; or 08 (iv) AS 11.61.118(a)(2); 09 (2) 60 days, if the defendant has one previous conviction for 10 conduct violative of criminal laws, punishable as felonies or misdemeanors, 11 similar in nature to the offense for which the defendant is being sentenced; 12 (3) 30 days. 13 * Sec. 8. AS 12.55.135(b) is amended to read: 14 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 15 definite term of imprisonment of not more than 16 (1) 10 days unless otherwise specified in the provision of law defining 17 the offense or in this section; 18 (2) 90 days if the conviction is for a violation of 19 (A) AS 11.61.116(c)(1) and the person is 21 years of age or 20 older; or 21 (B) AS 11.61.120(a)(6) and the person is 21 years of age or 22 older; or 23 (3) five days if the conviction is for a violation of AS 11.56.757. 24 * Sec. 9. AS 12.55.135(l) is amended to read: 25 (l) A court sentencing a person convicted of theft in the fourth degree under 26 AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(3), removal of 27 identification marks under AS 11.46.260(b)(3), unlawful possession under 28 AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal 29 simulation under AS 11.46.530(b)(3) may not impose 30 (1) a sentence of more than 10 [FIVE] days of active [SUSPENDED] 31 imprisonment [AND A TERM OF PROBATION OF MORE THAN SIX MONTHS]
01 if the person has previously been convicted two or more times of an offense under 02 AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a law or 03 ordinance of this or another jurisdiction with substantially similar elements; or 04 (2) a term of probation of more than six months [SENTENCE OF 05 ACTIVE OR SUSPENDED IMPRISONMENT] if the person has not been previously 06 convicted, or has previously been convicted once, of an offense under AS 11.46.110 - 07 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of 08 this or another jurisdiction with substantially similar elements. 09 * Sec. 10. AS 12.63.100(6) is amended to read: 10 (6) "sex offense" means 11 (A) a crime under AS 11.41.100(a)(3), or a similar law of 12 another jurisdiction, in which the person committed or attempted to commit a 13 sexual offense, or a similar offense under the laws of the other jurisdiction; in 14 this subparagraph, "sexual offense" has the meaning given in 15 AS 11.41.100(a)(3); 16 (B) a crime under AS 11.41.110(a)(3), or a similar law of 17 another jurisdiction, in which the person committed or attempted to commit 18 one of the following crimes, or a similar law of another jurisdiction: 19 (i) sexual assault in the first degree; 20 (ii) sexual assault in the second degree; 21 (iii) sexual abuse of a minor in the first degree; or 22 (iv) sexual abuse of a minor in the second degree; or 23 (C) a crime, or an attempt, solicitation, or conspiracy to commit 24 a crime, under the following statutes or a similar law of another jurisdiction: 25 (i) AS 11.41.410 - 11.41.438; 26 (ii) AS 11.41.440(a)(2); 27 (iii) AS 11.41.450 - 11.41.458; 28 (iv) AS 11.41.460 if the indecent exposure is before a 29 person under 16 years of age and the offender has a previous conviction 30 for that offense; 31 (v) AS 11.61.125 - 11.61.128;
01 (vi) AS 11.66.110 or 11.66.130(a)(2)(B) 02 [11.66.130(a)(2)] if the person who was induced or caused to engage in 03 prostitution was under 20 years of age at the time of the offense; 04 (vii) former AS 11.15.120, former 11.15.134, or assault 05 with the intent to commit rape under former AS 11.15.160, former 06 AS 11.40.110, or former 11.40.200; 07 (viii) AS 11.61.118(a)(2) if the offender has a previous 08 conviction for that offense; or 09 (ix) AS 11.66.100(a)(2) if the offender is subject to 10 punishment under AS 11.66.100(c); 11 * Sec. 11. AS 18.67.101 is amended to read: 12 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 13 board may order the payment of compensation in accordance with the provisions of 14 this chapter for personal injury or death that resulted from 15 (1) an attempt on the part of the applicant to prevent the commission of 16 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 17 officer to do so, or aiding a victim of crime; or 18 (2) the commission or attempt on the part of one other than the 19 applicant to commit any of the following offenses: 20 (A) murder in any degree; 21 (B) manslaughter; 22 (C) criminally negligent homicide; 23 (D) assault in any degree; 24 (E) kidnapping; 25 (F) sexual assault in any degree; 26 (G) sexual abuse of a minor; 27 (H) robbery in any degree; 28 (I) threats to do bodily harm; 29 (J) driving while under the influence of an alcoholic beverage, 30 inhalant, or controlled substance or another crime resulting from the operation 31 of a motor vehicle, boat, or airplane when the offender is under the influence
01 of an alcoholic beverage, inhalant, or controlled substance; 02 (K) arson in the first degree; 03 (L) sex trafficking in violation of AS 11.66.110 or 04 11.66.130(a)(2)(B) [11.66.130(a)(2)]; 05 (M) human trafficking in any degree; or 06 (N) unlawful exploitation of a minor. 07 * Sec. 12. AS 29.25.070(g) is amended to read: 08 (g) If a municipality prescribes a penalty for a violation of a municipal 09 ordinance, including a violation under (a) of this section, and there is a comparable 10 state crime [OFFENSE] under AS 11 or AS 28 with elements that are similar to the 11 municipal ordinance, the municipality may not impose a greater punishment than that 12 imposed for a violation of the state crime [LAW]. This subsection applies to home 13 rule and general law municipalities. 14 * Sec. 13. AS 33.07.010, enacted by sec. 117, ch. 36, SLA 2016, is amended to read: 15 Sec. 33.07.010. Pretrial services program; establishment. The commissioner 16 shall establish and administer a pretrial services program that provides a pretrial risk 17 assessment for all defendants brought into custody or for any defendant for whom 18 the prosecution requests to have a pretrial risk assessment at the next hearing or 19 arraignment. The pretrial services program shall make [,] recommendations to the 20 court concerning pretrial release decisions, and provide supervision of defendants 21 released while awaiting trial as ordered by the court. 22 * Sec. 14. AS 34.03.360(10) is amended to read: 23 (10) "illegal activity involving a place of prostitution" means a 24 violation of AS 11.66.120(a)(1) or 11.66.130(a)(2)(A) or (D) [11.66.130(a)(1) OR 25 (4)]; 26 * Sec. 15. AS 11.66.130(b), 11.66.135(b); AS 12.55.125(e)(4)(B), 12.55.125(e)(4)(C), and 27 12.55.125(e)(4)(D) are repealed. 28 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. (a) The following sections apply to offenses committed on or after 31 the effective date of those sections:
01 (1) AS 11.56.757(a), as amended by sec. 1 of this Act; 02 (2) AS 11.56.757(b), as amended by sec. 2 of this Act; 03 (3) AS 11.66.130(a), as amended by sec. 3 of this Act; and 04 (4) AS 11.66.135(a), as amended by sec. 4 of this Act. 05 (b) The following sections apply to sentences imposed on or after the effective date of 06 those sections for conduct occurring before, on, or after the effective date of those sections: 07 (1) AS 12.55.125(e), as amended by sec. 5 of this Act; 08 (2) AS 12.55.125(q), enacted by sec. 6 of this Act; 09 (3) AS 12.55.135(a), as amended by sec. 7 of this Act; 10 (4) AS 12.55.135(b), as amended by sec. 8 of this Act; and 11 (5) AS 12.55.135(l), as amended by sec. 9 of this Act. 12 * Sec. 17. Section 13 of this Act takes effect January 1, 2018. 13 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect immediately under 14 AS 01.10.070(c).