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HB 33: "An Act relating to defenses to sexual assault; and relating to registration of sex offenders."

00                              HOUSE BILL NO. 33                                                                          
01 "An Act relating to defenses to sexual assault; and relating to registration of sex                                     
02 offenders."                                                                                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.41.432(a) is amended to read:                                                                   
05            (a)  It is a defense to a crime charged under [AS 11.41.410(a)(3),                                           
06       11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, OR 11.41.427 THAT THE OFFENDER                                       
07       IS]                                                                                                               
08                 (1)  AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425,                               
09       or 11.41.427 that the offender is mentally incapable; or                                                      
10                 (2)  AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.425(a)(2) - (6), or                                 
11       11.41.427 that the offender is married to the person and neither party has filed with                         
12       the court for a separation, divorce, or dissolution of the marriage.                                              
13    * Sec. 2. AS 12.63.010(d) is amended to read:                                                                    
14            (d)  A sex offender or child kidnapper required to register                                                  
01 (1)  for 15 years under (a) of this section and AS 12.63.020                                                        
02 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under                                       
03 AS 12.63.020, on a date set by the department at the time of the sex offender's or child                                
04 kidnapper's initial registration, provide written verification to the department, in the                                
05 manner required by the department, of the sex offender's or child kidnapper's address                                   
06 and notice of any changes to the information previously provided under (b)(1) of this                                   
07       section;                                                                                                          
08 (2)  for life under (a) of this section and AS 12.63.020                                                            
09 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department,                                   
10 provide written verification to the department, in the manner required by the                                           
11 department, of the sex offender's or child kidnapper's address and any changes to the                                   
12       information previously provided under (b)(1) of this section.                                                     
13    * Sec. 3. AS 12.63.020 is amended to read:                                                                         
14 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to                                                   
15 register. (a) The duty of a sex offender or child kidnapper to comply with the                                        
16       requirements of AS 12.63.010 is as follows:                                                                   
17 (1)  for a sex offender or child kidnapper, as that term is defined in                                              
18       AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty                                    
19 (A) [(1)]  continues for the lifetime of a sex offender or child                                                    
20            kidnapper convicted of                                                                                       
21                           (i) [(A)]  one aggravated sex offense; or                                                 
22 (ii) [(B)]  two or more sex offenses, two or more child                                                             
23 kidnappings, or one sex offense and one child kidnapping; for purposes                                                  
24 of this section, a person convicted of indecent exposure before a person                                                
25 under 16 years of age under AS 11.41.460 more than two times has                                                        
26                 been convicted of two or more sex offenses;                                                             
27 (B) [(2)]  ends 15 years following the sex offender's or child                                                      
28 kidnapper's unconditional discharge from a conviction for a single sex offense                                          
29 that is not an aggravated sex offense or for a single child kidnapping if the sex                                       
30 offender or child kidnapper has supplied proof that is acceptable to the                                                
31 department of the unconditional discharge; the registration period under this                                           
01            subparagraph                                                                                             
02 (i)  [PARAGRAPH (A)] is tolled for each year that a sex                                                             
03 offender or child kidnapper [(i)] fails to comply with the requirements                                                 
04 of this chapter or [; (ii)] is incarcerated for the offense or kidnapping                                           
05 for which the offender or kidnapper is required to register or for any                                                  
06                 other offense;                                                                                          
07 (ii) [(B)]  may include the time a sex offender or child                                                            
08 kidnapper was absent from this state if the sex offender or child                                                       
09 kidnapper has complied with any sex offender or child kidnapper                                                         
10 registration requirements of the jurisdiction in which the offender or                                                  
11 kidnapper was located and if the sex offender or child kidnapper                                                        
12 provides the department with proof of the compliance while the sex                                                      
13                 offender or child kidnapper was absent from this state; and                                             
14 (iii) [(C)]  continues for a sex offender or child                                                                  
15 kidnapper who has not supplied proof acceptable to the department of                                                    
16 the offender's or kidnapper's unconditional discharge for the sex                                                       
17                 offense or child kidnapping requiring registration;                                                 
18 (2)  for a sex offender or child kidnapper, as that term is defined in                                              
19 AS 12.63.100(6)(B), the duty continues for the period determined by the                                             
20       department under (b) of this section.                                                                         
21            (b)  The department shall adopt, by regulation,                                                              
22                 (1)  procedures to notify a sex offender or child kidnapper                                         
23 (A)  who, on the registration form under AS 12.63.010, lists a                                                      
24 conviction for a sex offense or child kidnapping that is a violation of a former                                        
25 law of this state or a law of another jurisdiction, of the duration of the                                              
26 offender's or kidnapper's duty under (a) of this section for that sex offense or                                        
27            child kidnapping;                                                                                        
28 (B)  as that term is defined in AS 12.63.100(6)(B), of the                                                          
29 duration of the sex offender or child kidnapper's duty under (a) of this                                            
30 section; in adopting regulations under this subparagraph, the department                                            
31            shall                                                                                                    
01                           (i)  consider the period of registration required in the                                  
02                 other jurisdiction; and                                                                             
03                           (ii)  provide for tolling of the registration period if                                   
04                 the sex offender or child kidnapper fails to comply with the                                        
05                 requirements of this chapter or is incarcerated;                                                    
06 (2)  a requirement that an [. AS A PART OF THE REGULATIONS,                                                         
07 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply                                                     
08 proof acceptable to the department of unconditional discharge and the date it occurred.                                 
09    * Sec. 4. AS 12.63.100(6) is amended to read:                                                                      
10                 (6)  "sex offender or child kidnapper" means                                                            
11 (A)  a person convicted of a sex offense or child kidnapping in                                                     
12 this state or another jurisdiction regardless of whether the conviction occurred                                        
13            before, after, or on January 1, 1999;                                                                        
14 (B)  a person required to register as a sex offender or child                                                       
15            kidnapper in another jurisdiction;                                                                       
16    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
17 read:                                                                                                                   
18 APPLICABILITY. AS 11.41.432(a), as amended by sec. 1 of this Act,                                                       
19 AS 12.63.010(d), as amended by sec. 2 of this Act, AS 12.63.020, as amended by sec. 3 of                                
20 this Act, and AS 12.63.100(6), as amended by sec. 4 of this Act, apply to offenses committed                            
21 on or after the effective date of this Act.