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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).