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CSSB 54(JUD): "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 driving without a license; relating to the pretrial services program; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 54(JUD)                                                                    
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                                 
03 driving without a license; relating to the pretrial services program; and providing for an                              
04 effective date."                                                                                                        
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 11.56.757(a) is amended to read:                                                                   
07            (a)  A person commits the crime [OFFENSE] of violation of condition of                                   
08       release if the person                                                                                             
09                 (1)  has been charged with a crime or convicted of a crime;                                             
10                 (2)  has been released under AS 12.30; and                                                              
11                 (3)  violates a condition of release imposed by a judicial officer under                                
12       AS 12.30, other than the requirement to appear as ordered by a judicial officer.                                  
13    * Sec. 2. AS 11.56.757(b) is amended to read:                                                                      
14            (b)  Violation of condition of release is a class B misdemeanor [VIOLATION                               
01       PUNISHABLE BY A FINE OF UP TO $1,000].                                                                            
02    * Sec. 3. AS 11.66.130(a) is amended to read:                                                                      
03            (a)  A person commits the crime of sex trafficking in the third degree if [,                                 
04       WITH INTENT TO PROMOTE PROSTITUTION,] the person                                                                  
05                 (1)  receives compensation for prostitution services rendered by                                    
06       another; and                                                                                                  
07                 (2)  with the intent to promote prostitution,                                                       
08                      (A)  manages, supervises, controls, or owns, either alone or in                                
09            association with others, a place of prostitution;                                                            
10 (B) [(2)]  as other than a patron of a prostitute, induces or                                                       
11 causes another person who is 20 years of age or older to engage in prostitution;                                        
12 (C) [(3)  AS OTHER THAN A PROSTITUTE RECEIVING                                                                      
13 COMPENSATION FOR PERSONALLY RENDERED PROSTITUTION                                                                       
14 SERVICES,] receives or agrees to receive money or other property under an                                               
15 agreement or understanding that the money or other property is derived from                                             
16            prostitution; or                                                                                             
17 (D) [(4)]  engages in conduct that institutes, aids, or facilitates a                                               
18            prostitution enterprise.                                                                                     
19    * Sec. 4. AS 11.66.135(a) is amended to read:                                                                      
20 (a)  A person commits the crime of sex trafficking in the fourth degree if the                                          
21       person                                                                                                            
22 (1)  receives compensation for prostitution services rendered by                                                    
23       another; and                                                                                                  
24 (2)  engages in conduct that institutes, aids, or facilitates prostitution                                          
25 under circumstances not proscribed under AS 11.66.130(a)(2)(D)                                                      
26       [AS 11.66.130(a)(4)].                                                                                             
27    * Sec. 5. AS 11.66.150 is amended by adding a new paragraph to read:                                               
28 (4)  "compensation" does not include any payment for reasonably                                                         
29       apportioned shared expenses.                                                                                      
30    * Sec. 6. AS 12.55.125(e) is amended to read:                                                                      
31 (e)  Except as provided in (i) of this section, a defendant convicted of a class C                                      
01       felony may be sentenced to a definite term of imprisonment of not more than five                                  
02       years, and shall be sentenced to a definite term within the following presumptive                                 
03       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
04 (1)  if the offense is a first felony conviction and does not involve                                                   
05 circumstances described in (4) of this subsection, [PROBATION, WITH A                                                   
06 SUSPENDED TERM OF IMPRISONMENT OF] zero to one year [18 MONTHS]; a                                                  
07 defendant sentenced under this paragraph may, if the court finds it appropriate, be                                     
08       granted a suspended imposition of sentence under AS 12.55.085;                                                    
09                 (2)  if the offense is a second felony conviction, one to three years;                                  
10                 (3)  if the offense is a third felony conviction, two to five years;                                    
11 (4)  if the offense is a first felony conviction, and the defendant violated                                            
12                      (A)  AS 08.54.720(a)(15), one to two years;                                                        
13 (B)  AS 28.35.030(n)(1)(A) or 28.35.032(p)(1)(A), 120 days to                                                           
14            239 days;                                                                                                    
15 (C)  AS 28.35.030(n)(1)(B) or 28.35.032(p)(1)(B), 240 days to                                                           
16            359 days;                                                                                                    
17 (D)  AS 28.35.030(n)(1)(C) or 23.35.032(p)(1)(C), 360 days to                                                           
18            two years.                                                                                                   
19    * Sec. 7. AS 12.55.125 is amended by adding a new subsection to read:                                              
20 (q)  Other than for convictions subject to a mandatory 99-year sentence, the                                            
21 court shall impose, in addition to an active term of imprisonment imposed under (i) of                                  
22 this section, a minimum period of (1) suspended imprisonment of five years and a                                        
23 minimum period of probation supervision of 15 years for conviction of an unclassified                                   
24 felony, (2) suspended imprisonment of three years and a minimum period of probation                                     
25 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended                                 
26 imprisonment of two years and a minimum period of probation supervision of five                                         
27 years for conviction of a class C felony. The period of probation is in addition to any                                 
28       sentence received under (i) of this section.                                                                      
29    * Sec. 8. AS 12.55.135(a) is amended to read:                                                                      
30 (a)  A defendant convicted of a class A misdemeanor may be sentenced to a                                               
31       definite term of imprisonment of not more than                                                                    
01                 (1)  one year, if the                                                                                   
02                      (A)  conviction is for a crime with a mandatory minimum term                                       
03            of 30 days or more of active imprisonment;                                                                   
04                      (B)  trier of fact finds the aggravating factor that the conduct                                   
05            constituting the offense was among the most serious conduct included in the                                  
06            definition of the offense;                                                                                   
07 (C)  defendant has previously been convicted two or more                                                            
08 times [PAST CRIMINAL CONVICTIONS] for conduct violative of criminal                                                 
09 laws, punishable as felonies or misdemeanors, similar in nature to the offense                                          
10            for which the defendant is being sentenced;                                                                  
11 (D)  conviction is for an assault in the fourth degree under                                                            
12            AS 11.41.230; or                                                                                             
13                      (E)  conviction is for a violation of                                                              
14                           (i)  AS 11.41.427;                                                                            
15                           (ii)  AS 11.41.440;                                                                           
16 (iii)  AS 11.41.460, if the indecent exposure is before a                                                               
17                 person under 16 years of age; [OR]                                                                      
18                           (iv)  AS 11.61.116(c)(2); or                                                              
19                           (v)  AS 11.61.118(a)(2);                                                                  
20 (2)  60 days, if the defendant has one previous conviction for                                                      
21 conduct violative of criminal laws, punishable as felonies or misdemeanors,                                         
22       similar in nature to the offense for which the defendant is being sentenced;                                  
23                 (3)  30 days.                                                                                       
24    * Sec. 9. AS 12.55.135(b) is amended to read:                                                                      
25 (b)  A defendant convicted of a class B misdemeanor may be sentenced to a                                               
26       definite term of imprisonment of not more than                                                                    
27 (1)  10 days unless otherwise specified in the provision of law defining                                                
28       the offense or in this section;                                                                                   
29                 (2)  90 days if the conviction is for a violation of                                                    
30 (A)  AS 11.61.116(c)(1) and the person is 21 years of age or                                                            
31            older; or                                                                                                    
01                      (B)  AS 11.61.120(a)(6) and the person is 21 years of age or                                       
02            older; or                                                                                                
03                 (3)  five days if the conviction is for a violation of AS 11.56.757.                                
04    * Sec. 10. AS 12.55.135(l) is amended to read:                                                                     
05 (l)  A court sentencing a person convicted of theft in the fourth degree under                                          
06 AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(3), removal of                                           
07 identification marks under AS 11.46.260(b)(3), unlawful possession under                                                
08 AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal                                           
09       simulation under AS 11.46.530(b)(3) may not impose                                                                
10 (1)  a sentence of more than 10 [FIVE] days of active [SUSPENDED]                                               
11 imprisonment and a term of probation of more than six months if the person has                                          
12 previously been convicted two or more times of an offense under AS 11.46.110 -                                          
13 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of                                      
14       this or another jurisdiction with substantially similar elements; [OR]                                            
15 (2)  a sentence of more than five days of active [OR SUSPENDED]                                                     
16 imprisonment and a term of probation of more than six months if the person has                                      
17 [NOT BEEN PREVIOUSLY CONVICTED, OR HAS] previously been convicted                                                       
18 once [,] of an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290,                                           
19 11.46.360 or 11.46.365, or a law or ordinance of this or another jurisdiction with                                      
20       substantially similar elements; or                                                                            
21 (3)  a sentence of more than five days of suspended imprisonment                                                    
22 and a term of probation of more than six months if the person has not been                                          
23 previously convicted of an offense under AS 11.46.110 - 11.46.220, 11.46.260 -                                      
24 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or another                                         
25       jurisdiction with substantially similar elements.                                                             
26    * Sec. 11. AS 12.55.135(p) is amended to read:                                                                     
27            (p)  If the state seeks to establish an aggravating factor at sentencing                                     
28 (1)  under (a)(1)(C) or (a)(2) of this section, written notice must be                                              
29 served on the opposing party and filed with the court not later than 10 days before the                                 
30 date set for imposition of sentence; the aggravating factor in (a)(1)(C) or (a)(2) of this                          
31 section must be established by clear and convincing evidence before the court sitting                                   
01       without a jury; all findings must be set out with specificity;                                                    
02 (2)  an aggravating factor under (a)(1)(B) of this section shall be                                                     
03 presented to a trial jury under procedures set by the court, unless the defendant waives                                
04 trial by jury, stipulates to the existence of the factor, or consents to have the factor                                
05 proven under procedures set out in (1) of this subsection; an aggravating factor                                        
06 presented to a jury is established if proved beyond a reasonable doubt; written notice                                  
07 of the intent to establish an aggravating factor must be served on the defendant and                                    
08       filed with the court                                                                                              
09 (A)  not later than 10 days before trial or at a time specified by                                                      
10            the court;                                                                                                   
11 (B)  not later than 48 hours, or at a time specified by the court,                                                      
12 if the court instructs the jury about the option to return a verdict for a lesser                                       
13            included offense; or                                                                                         
14 (C)  not later than five days before entering a plea that results in                                                    
15 a finding of guilt or at a time specified by the court unless the defendant                                             
16            waives the notice requirement.                                                                               
17    * Sec. 12. AS 12.55.145(a) is amended to read:                                                                     
18            (a)  For purposes of considering prior convictions in imposing sentence under                                
19                 (1)  AS 12.55.125(c), (d), or (e),                                                                      
20 (A)  a prior conviction may not be considered if a period of 10                                                         
21 or more years has elapsed between the date of the defendant's unconditional                                             
22 discharge on the immediately preceding offense and commission of the present                                            
23            offense unless the prior conviction was for an unclassified or class A felony;                               
24 (B)  a conviction in this or another jurisdiction of an offense                                                         
25 having elements similar to those of a felony defined as such under Alaska law                                           
26            at the time the offense was committed is considered a prior felony conviction;                               
27 (C)  two or more convictions arising out of a single, continuous                                                        
28 criminal episode during which there was no substantial change in the nature of                                          
29 the criminal objective are considered a single conviction unless the defendant                                          
30 was sentenced to consecutive sentences for the crimes; offenses committed                                               
31 while attempting to escape or avoid detection or apprehension after the                                                 
01            commission of another offense are not part of the same criminal episode or                                   
02            objective;                                                                                                   
03                 (2)  AS 12.55.125(l),                                                                                   
04                      (A)  a conviction in this or another jurisdiction of an offense                                    
05            having elements similar to those of a most serious felony is considered a prior                              
06            most serious felony conviction;                                                                              
07 (B)  commission of and conviction for offenses relied on as                                                             
08 prior most serious felony offenses must occur in the following order:                                                   
09 conviction for the first offense must occur before commission of the second                                             
10 offense, and conviction for the second offense must occur before commission                                             
11            of the offense for which the defendant is being sentenced;                                                   
12                 (3)  AS 12.55.135(g),                                                                                   
13 (A)  a prior conviction may not be considered if a period of five                                                       
14 or more years has elapsed between the date of the defendant's unconditional                                             
15 discharge on the immediately preceding offense and commission of the present                                            
16            offense unless the prior conviction was for an unclassified or class A felony;                               
17 (B)  a conviction in this or another jurisdiction of an offense                                                         
18 having elements similar to those of a crime against a person or a crime                                                 
19            involving domestic violence is considered a prior conviction;                                                
20 (C)  two or more convictions arising out of a single, continuous                                                        
21 criminal episode during which there was no substantial change in the nature of                                          
22 the criminal objective are considered a single conviction unless the defendant                                          
23 was sentenced to consecutive sentences for the crimes; offenses committed                                               
24 while attempting to escape or avoid detection or apprehension after the                                                 
25 commission of another offense are not part of the same criminal episode or                                              
26            objective;                                                                                                   
27                 (4)  AS 12.55.125(i),                                                                                   
28 (A)  a conviction in this or another jurisdiction of an offense                                                         
29 having elements similar to those of a sexual felony is a prior conviction for a                                         
30            sexual felony;                                                                                               
31 (B)  a felony conviction in another jurisdiction making it a                                                            
01 crime to commit any lewd and lascivious act upon a child under the age of 16                                            
02 years, with the intent of arousing, appealing to, or gratifying the sexual desires                                      
03            of the defendant or the victim is a prior conviction for a sexual felony;                                    
04 (C)  two or more convictions arising out of a single, continuous                                                        
05 criminal episode during which there was no substantial change in the nature of                                          
06 the criminal objective are considered a single conviction unless the defendant                                          
07 was sentenced to consecutive sentences for the crimes; offenses committed                                               
08 while attempting to escape or avoid detection or apprehension after the                                                 
09 commission of another offense are not part of the same criminal episode or                                              
10            objective;                                                                                               
11                 (5)  AS 12.55.135(a),                                                                               
12 (A)  a prior conviction may not be considered if a period of                                                        
13 five or more years has elapsed between the date of the defendant's                                                  
14 unconditional discharge on the immediately preceding offense and                                                    
15 commission of the present offense unless the prior conviction was for an                                            
16            unclassified or class A felony;                                                                          
17 (B)  a conviction in this or another jurisdiction of an offense                                                     
18 having elements similar to those of a felony or misdemeanor defined as                                              
19 such under Alaska law at the time the offense was committed is considered                                           
20            a prior conviction;                                                                                      
21 (C)  two or more convictions arising out of a single,                                                               
22 continuous criminal episode during which there was no substantial change                                            
23 in the nature of the criminal objective are considered a single conviction                                          
24 unless the defendant was sentenced to consecutive sentences for the                                                 
25 crimes; offenses committed while attempting to escape or avoid detection                                            
26 or apprehension after the commission of another offense are not part of                                             
27            the same criminal episode or objective.                                                                  
28    * Sec. 13. AS 12.63.100(6) is amended to read:                                                                     
29                 (6)  "sex offense" means                                                                                
30 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
31 another jurisdiction, in which the person committed or attempted to commit a                                            
01            sexual offense, or a similar offense under the laws of the other jurisdiction; in                            
02            this subparagraph, "sexual offense" has the meaning given in                                                 
03            AS 11.41.100(a)(3);                                                                                          
04                      (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                         
05            another jurisdiction, in which the person committed or attempted to commit                                   
06            one of the following crimes, or a similar law of another jurisdiction:                                       
07                           (i)  sexual assault in the first degree;                                                      
08                           (ii)  sexual assault in the second degree;                                                    
09                           (iii)  sexual abuse of a minor in the first degree; or                                        
10                           (iv)  sexual abuse of a minor in the second degree; or                                        
11 (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                                      
12            a crime, under the following statutes or a similar law of another jurisdiction:                              
13                           (i)  AS 11.41.410 - 11.41.438;                                                                
14                           (ii)  AS 11.41.440(a)(2);                                                                     
15                           (iii)  AS 11.41.450 - 11.41.458;                                                              
16 (iv)  AS 11.41.460 if the indecent exposure is before a                                                                 
17 person under 16 years of age and the offender has a previous conviction                                                 
18                 for that offense;                                                                                       
19                           (v)  AS 11.61.125 - 11.61.128;                                                                
20 (vi)  AS 11.66.110 or 11.66.130(a)(2)(B)                                                                            
21 [11.66.130(a)(2)] if the person who was induced or caused to engage in                                                  
22                 prostitution was under 20 years of age at the time of the offense;                                      
23 (vii)  former AS 11.15.120, former 11.15.134, or assault                                                                
24 with the intent to commit rape under former AS 11.15.160, former                                                        
25                 AS 11.40.110, or former 11.40.200;                                                                      
26 (viii)  AS 11.61.118(a)(2) if the offender has a previous                                                               
27                 conviction for that offense; or                                                                         
28 (ix)  AS 11.66.100(a)(2) if the offender is subject to                                                                  
29                 punishment under AS 11.66.100(e);                                                                     
30    * Sec. 14. AS 18.67.101 is amended to read:                                                                        
31 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The                                             
01       board may order the payment of compensation in accordance with the provisions of                                  
02       this chapter for personal injury or death that resulted from                                                      
03                 (1)  an attempt on the part of the applicant to prevent the commission of                               
04       crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police                              
05       officer to do so, or aiding a victim of crime; or                                                                 
06                 (2)  the commission or attempt on the part of one other than the                                        
07       applicant to commit any of the following offenses:                                                                
08                      (A)  murder in any degree;                                                                         
09                      (B)  manslaughter;                                                                                 
10                      (C)  criminally negligent homicide;                                                                
11                      (D)  assault in any degree;                                                                        
12                      (E)  kidnapping;                                                                                   
13                      (F)  sexual assault in any degree;                                                                 
14                      (G)  sexual abuse of a minor;                                                                      
15                      (H)  robbery in any degree;                                                                        
16                      (I)  threats to do bodily harm;                                                                    
17 (J)  driving while under the influence of an alcoholic beverage,                                                        
18 inhalant, or controlled substance or another crime resulting from the operation                                         
19 of a motor vehicle, boat, or airplane when the offender is under the influence                                          
20            of an alcoholic beverage, inhalant, or controlled substance;                                                 
21                      (K)  arson in the first degree;                                                                    
22 (L)  sex trafficking in violation of AS 11.66.110 or                                                                    
23            11.66.130(a)(2)(B) [11.66.130(a)(2)];                                                                    
24                      (M)  human trafficking in any degree; or                                                           
25                      (N)  unlawful exploitation of a minor.                                                             
26    * Sec. 15. AS 28.15.011 is amended by adding a new subsection to read:                                             
27            (d)  Violation of (b) of this section is an infraction.                                                      
28    * Sec. 16. AS 29.25.070(g) is amended to read:                                                                     
29 (g)  If a municipality prescribes a penalty for a violation of a municipal                                              
30 ordinance, including a violation under (a) of this section, and there is a comparable                                   
31 state crime [OFFENSE] under AS 11 or AS 28 with elements that are similar to the                                    
01 municipal ordinance, the municipality may not impose a greater punishment than that                                     
02 imposed for a violation of the state crime [LAW]. This subsection applies to home                                   
03       rule and general law municipalities.                                                                              
04    * Sec. 17. AS 33.07.010, enacted by sec. 117, ch. 36, SLA 2016, is amended to read:                                
05 Sec. 33.07.010. Pretrial services program; establishment. The commissioner                                            
06 shall establish and administer a pretrial services program that provides a pretrial risk                                
07 assessment for all defendants detained in custody in a correctional facility                                        
08 following arrest and for any defendant for whom the prosecution requests to                                         
09 have a pretrial risk assessment at the next hearing or arraignment. The pretrial                                    
10 services program shall make [,] recommendations to the court concerning pretrial                                    
11 release decisions, and provide supervision of defendants released while awaiting trial                              
12       as ordered by the court.                                                                                          
13    * Sec. 18. AS 34.03.360(10) is amended to read:                                                                    
14 (10)  "illegal activity involving a place of prostitution" means a                                                      
15 violation of AS 11.66.120(a)(1) or 11.66.130(a)(2)(A) or (D) [11.66.130(a)(1) OR                                    
16       (4)];                                                                                                             
17    * Sec. 19. AS 11.66.130(b), 11.66.135(b); AS 12.55.125(e)(4)(B), 12.55.125(e)(4)(C), and                           
18 12.55.125(e)(4)(D) are repealed.                                                                                        
19    * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to                         
20 read:                                                                                                                   
21 APPLICABILITY. (a) The following sections apply to offenses committed on or after                                       
22 the effective date of those sections:                                                                                   
23 (1)  AS 11.56.757(a), as amended by sec. 1 of this Act;                                                                 
24 (2)  AS 11.56.757(b), as amended by sec. 2 of this Act;                                                                 
25 (3)  AS 11.66.130(a), as amended by sec. 3 of this Act;                                                                 
26 (4)  AS 11.66.135(a), as amended by sec. 4 of this Act;                                                                 
27            (5)  AS 11.66.150(4), enacted by sec. 5 of this Act; and                                                     
28            (6)  AS 28.15.011(d), enacted by sec. 15 of this Act.                                                        
29 (b)  The following sections apply to sentences imposed on or after the effective date of                                
30 those sections for conduct occurring on or after the effective date of those sections:                                  
31            (1)  AS 12.55.125(e), as amended by sec. 6 of this Act;                                                      
01            (2)  AS 12.55.125(q), enacted by sec. 7 of this Act;                                                         
02            (3)  AS 12.55.135(a), as amended by sec. 8 of this Act;                                                      
03            (4)  AS 12.55.135(b), as amended by sec. 9 of this Act;                                                      
04            (5)  AS 12.55.135(l), as amended by sec. 10 of this Act;                                                     
05            (6)  AS 12.55.135(p), as amended by sec. 11 of this Act; and                                                 
06            (7)  AS 12.55.145(a), as amended by sec. 12 of this Act.                                                     
07    * Sec. 21. Section 17 of this Act takes effect January 1, 2018.                                                    
08    * Sec. 22. Except as provided in sec. 21 of this Act, this Act takes effect immediately under                      
09 AS 01.10.070(c).