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.