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SSHB 20: "An Act relating to sexual assault; relating to the definitions of 'without consent' and 'consent'; relating to failure to report a violent crime; relating to sexual misconduct under the code of military justice; requiring law enforcement agencies to test sexual assault examination kits; requiring notification of completion of testing; relating to reports on untested sexual assault examination kits; and providing for an effective date."

00                  SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20                                                               
01 "An Act relating to sexual assault; relating to the definitions of 'without consent' and                                
02 'consent'; relating to failure to report a violent crime; relating to sexual misconduct                                 
03 under the code of military justice; requiring law enforcement agencies to test sexual                                   
04 assault examination kits; requiring notification of completion of testing; relating to                                  
05 reports on untested sexual assault examination kits; and providing for an effective                                     
06 date."                                                                                                                  
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 11.41.410(a) is amended to read:                                                                   
09            (a)  An offender commits the crime of sexual assault in the first degree if                                  
10                 (1)  the offender engages in sexual penetration with another person                                     
11       without consent of that person;                                                                                   
12                 (2)  the offender attempts to engage in sexual penetration with another                                 
13       person without consent of that person and causes serious physical injury to that                                  
01       person;                                                                                                           
02                 (3)  the offender engages in sexual penetration with another person                                     
03                      (A)  who the offender knows or reasonably should know is                                       
04            mentally incapable; and                                                                                      
05                      (B)  who is in the offender's care                                                                 
06                           (i)  by authority of law; or                                                                  
07                           (ii)  in a facility or program that is required by law to be                                  
08                 licensed by the state; or                                                                               
09                 (4)  the offender engages in sexual penetration with a person who the                                   
10 offender knows or reasonably should know is unaware that a sexual act is being                                      
11       committed and                                                                                                     
12                      (A)  the offender is a health care worker; and                                                     
13 (B)  the offense takes place during the course of professional                                                          
14            treatment of the victim.                                                                                     
15    * Sec. 2. AS 11.41.420(a) is amended to read:                                                                      
16            (a)  An offender commits the crime of sexual assault in the second degree if                                 
17 (1)  the offender engages in sexual contact with another person without                                                 
18       consent of that person;                                                                                           
19                 (2)  the offender engages in sexual contact with a person                                               
20 (A)  who the offender knows or reasonably should know is                                                            
21            mentally incapable; and                                                                                      
22                      (B)  who is in the offender's care                                                                 
23                           (i)  by authority of law; or                                                                  
24 (ii)  in a facility or program that is required by law to be                                                            
25                 licensed by the state;                                                                                  
26 (3)  the offender engages in sexual penetration with a person who the                                                   
27       offender knows or reasonably should know is                                                                   
28                      (A)  mentally incapable;                                                                           
29                      (B)  incapacitated; or                                                                             
30                      (C)  unaware that a sexual act is being committed; or                                              
31 (4)  the offender engages in sexual contact with a person who the                                                       
01       offender knows or reasonably should know is unaware that a sexual act is being                                
02       committed and                                                                                                     
03                      (A)  the offender is a health care worker; and                                                     
04                      (B)  the offense takes place during the course of professional                                     
05            treatment of the victim.                                                                                     
06    * Sec. 3. AS 11.41.425(a) is amended to read:                                                                      
07            (a)  An offender commits the crime of sexual assault in the third degree if the                              
08       offender                                                                                                          
09                 (1)  engages in sexual contact with a person who the offender knows or                              
10       reasonably should know is                                                                                     
11                      (A)  mentally incapable;                                                                           
12                      (B)  incapacitated; or                                                                             
13                      (C)  unaware that a sexual act is being committed;                                                 
14 (2)  while employed in a state correctional facility or other placement                                                 
15 designated by the commissioner of corrections for the custody and care of prisoners,                                    
16 engages in sexual penetration with a person who the offender knows is committed to                                      
17 the custody of the Department of Corrections to serve a term of imprisonment or                                         
18       period of temporary commitment;                                                                                   
19 (3)  engages in sexual penetration with a person 18 or 19 years of age                                                  
20 who the offender knows is committed to the custody of the Department of Health and                                      
21 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of                                    
22       the person;                                                                                                       
23 (4)  while employed in the state by a law enforcement agency as a                                                       
24 peace officer, or while acting as a peace officer in the state, engages in sexual                                       
25 penetration with a person with reckless disregard that the person is in the custody or                                  
26 the apparent custody of the offender, or is committed to the custody of a law                                           
27       enforcement agency;                                                                                               
28 (5)  while employed by the state or a municipality of the state as a                                                    
29 probation officer or parole officer, or while acting as a probation officer or parole                                   
30 officer in the state, engages in sexual penetration with a person with reckless disregard                               
31       that the person is on probation or parole; or                                                                     
01 (6)  while employed as a juvenile probation officer or as a juvenile                                                    
02 facility staff, engages in sexual penetration with a person 18 or 19 years of age with                                  
03 reckless disregard that the person is committed to the custody or probationary                                          
04       supervision of the Department of Health and Social Services.                                                      
05    * Sec. 4. AS 11.41.470 is amended by adding a new paragraph to read:                                               
06                 (9)  "consent" means words or overt actions indicating freely given                                     
07       agreement to engage in sexual penetration or sexual contact.                                                      
08    * Sec. 5. AS 11.56.765(a) is amended to read:                                                                      
09            (a)  A person, other than the victim, commits the crime of failure to report a                               
10       violent crime committed against a child if the person                                                             
11                 (1)  witnesses what the person knows or reasonably should know is                                       
12                      (A)  the murder or attempted murder of a child by another;                                         
13 (B)  the kidnapping or attempted kidnapping of a child by                                                               
14            another;                                                                                                     
15 (C)  the sexual penetration or attempted sexual penetration by                                                          
16            another of a child                                                                                       
17 [(i)  OF A CHILD WITHOUT CONSENT OF THE                                                                                 
18                 CHILD;                                                                                                  
19 (ii)  OF A CHILD THAT IS MENTALLY                                                                                       
20                 INCAPABLE;                                                                                              
21                           (iii)  OF A CHILD THAT IS INCAPACITATED; OR                                                   
22 (iv)  OF A CHILD THAT IS UNAWARE THAT A                                                                                 
23                 SEXUAL ACT IS BEING COMMITTED]; or                                                                      
24 (D)  the assault of a child by another causing serious physical                                                         
25            injury to the child;                                                                                         
26 (2)  knows or reasonably should know that the child is under 16 years                                                   
27       of age; and                                                                                                       
28 (3)  does not in a timely manner report that crime to a peace officer or                                                
29       law enforcement agency.                                                                                           
30    * Sec. 6. AS 11.56.767(c) is amended by adding a new paragraph to read:                                            
31                 (5)  "consent" has the meaning given in AS 11.41.470.                                                   
01    * Sec. 7. AS 26.05.900(e) is amended by adding a new paragraph to read:                                            
02                 (9)  "consent" has the meaning given in AS 11.41.470.                                                   
03    * Sec. 8. AS 44.41 is amended by adding a new section to read:                                                     
04            Sec. 44.41.065. Sexual assault examination kits. (a) When a law enforcement                                
05 agency collects a sexual assault examination kit under AS 18.68.010, the agency shall                                   
06 (1)  within 30 days after the agency collects the sexual assault                                                        
07 examination kit, send the sexual assault examination kit to a laboratory operated or                                    
08       approved by the Department of Public Safety;                                                                      
09                 (2)  ensure that the laboratory to which the sexual assault examination                                 
10 kit is sent under (1) of this subsection conducts a serological or DNA test on the                                      
11 sexual assault examination kit within six months after the agency collects the sexual                                   
12       assault examination kit; and                                                                                      
13 (3)  within two weeks after the laboratory that receives the sexual                                                     
14 assault examination kit under (1) of this subsection completes serological or DNA                                       
15 testing, notify the person from whom the sexual assault examination kit was collected                                   
16       that the sexual assault examination kit has been tested.                                                          
17 (b)  In this section, "law enforcement agency" or "agency" has the meaning                                              
18       given to "law enforcement agency" in AS 12.36.090.                                                                
19    * Sec. 9. AS 44.41.070(a) is amended to read:                                                                      
20 (a)  By September 1 of each year, each law enforcement agency and state                                                 
21 department charged with the maintenance, storage, and preservation of sexual assault                                    
22 examination kits shall conduct an inventory of untested sexual assault examination kits                                 
23 and report, in writing, to the Department of Public Safety the number of untested                                       
24 sexual assault examination kits in the possession of the agency or department, the                                  
25 number of sexual assault examination kits that the law enforcement agency or                                        
26 state department has determined are ineligible for testing under (e) of this                                        
27 section, with the reason or reasons the untested sexual assault examination kits                                    
28 were determined to be ineligible for testing, and the date on which each untested                                   
29       sexual assault examination kit was collected.                                                                     
30    * Sec. 10. AS 44.41.070(b) is amended to read:                                                                     
31 (b)  By November 1 of each year, the Department of Public Safety shall                                                  
01 prepare and transmit a report to the president of the senate and the speaker of the                                     
02       house of representatives that contains                                                                            
03 (1)  the number of untested sexual assault examination kits stored by                                                   
04 each law enforcement agency or department and the number of sexual assault                                          
05 examination kits that the law enforcement agency or state department has                                            
06 determined are ineligible for testing under (e) of this section, with the reason or                                 
07 reasons the untested sexual assault examination kits were determined to be                                          
08       ineligible for testing;                                                                                       
09 (2)  the date each untested sexual assault examination kit was collected;                                               
10       and                                                                                                               
11 (3)  a plan for addressing the backlog and prevention of a backlog of                                                   
12       untested sexual assault examination kits.                                                                         
13    * Sec. 11. AS 44.41.070 is amended by adding a new subsection to read:                                             
14 (e)  A sexual assault examination kit is ineligible for testing if the law                                              
15       enforcement agency or state department finds that the sexual assault examination kit                            
16                      (1)  was collected improperly;                                                                     
17                      (2)  is not necessary to identify the perpetrator of the crime; or                                 
18 (3)  was collected from a person who does not wish to proceed                                                           
19            with criminal charges.                                                                                     
20    * Sec. 12. AS 11.41.470(8); AS 11.56.765(c)(4), 11.56.767(c)(4); and AS 26.05.900(e)(8)                            
21 are repealed.                                                                                                           
22    * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to                         
23 read:                                                                                                                   
24 APPLICABILITY. AS 11.41.410(a), as amended by sec. 1 of this Act,                                                       
25 AS 11.41.420(a), as amended by sec. 2 of this Act, AS 11.41.425(a), as amended by sec. 3 of                             
26 this Act, AS 11.41.470(9), enacted by sec. 4 of this Act, AS 11.56.765(a), as amended by sec.                           
27 5 of this Act, AS 11.56.767(c)(5), enacted by sec. 6 of this Act, AS 26.05.900(e), enacted by                           
28 sec. 7 of this Act, and the repeals of AS 11.41.470(8), AS 11.56.765(c)(4), 11.56.767(c)(4),                            
29 and AS 26.05.900(e)(8) by sec. 12 of this Act, apply to offenses committed on or after the                              
30 effective date of secs. 1 - 7 and 12 of this Act.                                                                       
31    * Sec. 14. This Act takes effect January 1, 2020.