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).