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CSHB 49(JUD): "An Act relating to criminal law and procedure; establishing the crime of possession of motor vehicle theft tools; relating to electronic monitoring; relating to controlled substances; relating to probation; relating to sentencing; relating to registration of sex offenders; relating to operating under the influence; relating to refusal to submit to a chemical test; relating to the duties of the commissioner of corrections; relating to the Alaska Criminal Justice Commission; relating to the duties of the attorney general and the Department of Law; relating to testing of sexual assault examination kits; relating to public disclosure of information relating to certain minors; amending Rule 6(r)(6), Alaska Rules of Criminal Procedure; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 49(JUD)                                                                     
01 "An Act relating to criminal law and procedure; establishing the crime of possession of                                 
02 motor vehicle theft tools; relating to electronic monitoring; relating to controlled                                    
03 substances; relating to probation; relating to sentencing; relating to registration of sex                              
04 offenders; relating to operating under the influence; relating to refusal to submit to a                                
05 chemical test; relating to the duties of the commissioner of corrections; relating to the                               
06 Alaska Criminal Justice Commission; relating to the duties of the attorney general and                                  
07 the Department of Law; relating to testing of sexual assault examination kits; relating to                              
08 public disclosure of information relating to certain minors; amending Rule 6(r)(6),                                     
09 Alaska Rules of Criminal Procedure; and providing for an effective date."                                               
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
11    * Section 1. AS 11.41.110(a) is amended to read:                                                                   
12            (a)  A person commits the crime of murder in the second degree if                                            
01 (1)  with intent to cause serious physical injury to another person or                                                  
02 knowing that the conduct is substantially certain to cause death or serious physical                                    
03       injury to another person, the person causes the death of any person;                                              
04 (2)  the person knowingly engages in conduct that results in the death                                                  
05 of another person under circumstances manifesting an extreme indifference to the                                        
06       value of human life;                                                                                              
07 (3)  under circumstances not amounting to murder in the first degree                                                    
08 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the                                    
09 person commits or attempts to commit arson in the first degree, kidnapping, sexual                                      
10 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor                               
11 in the first degree, sexual abuse of a minor in the second degree, burglary in the first                                
12 degree, escape in the first or second degree, robbery in any degree, or misconduct                                      
13 involving a controlled substance under AS 11.71.010(a), 11.71.025, 11.71.030(a)(1),                                 
14 (2), or (4) - (8), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that                            
15 crime or in immediate flight from that crime, any person causes the death of a person                                   
16       other than one of the participants;                                                                               
17 (4)  acting with a criminal street gang, the person commits or attempts                                                 
18 to commit a crime that is a felony and, in the course of or in furtherance of that crime                                
19 or in immediate flight from that crime, any person causes the death of a person other                                   
20       than one of the participants; or                                                                                  
21 (5)  the person with criminal negligence causes the death of a child                                                    
22 under the age of 16, and the person has been previously convicted of a crime involving                                  
23       a child under the age of 16 that was                                                                              
24                      (A)  a felony violation of AS 11.41;                                                               
25 (B)  in violation of a law or ordinance in another jurisdiction                                                         
26            with elements similar to a felony under AS 11.41; or                                                         
27 (C)  an attempt, a solicitation, or a conspiracy to commit a                                                            
28            crime listed in (A) or (B) of this paragraph.                                                                
29    * Sec. 2. AS 11.41.150(a) is amended to read:                                                                      
30            (a)  A person commits the crime of murder of an unborn child if the person                                   
31 (1)  with intent to cause the death of an unborn child or of another                                                    
01       person, causes the death of an unborn child;                                                                      
02 (2)  with intent to cause serious physical injury to an unborn child or to                                              
03 another person or knowing that the conduct is substantially certain to cause death or                                   
04 serious physical injury to an unborn child or to another person, causes the death of an                                 
05       unborn child;                                                                                                     
06 (3)  while acting alone or with one or more persons, commits or                                                         
07 attempts to commit arson in the first degree, kidnapping, sexual assault in the first                                   
08 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,                               
09 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the                               
10 first or second degree, robbery in any degree, or misconduct involving a controlled                                     
11 substance under AS 11.71.010(a), 11.71.025, 11.71.030(a)(1), (2), or (4) - (8), or                                  
12 11.71.040(a)(1) or (2), and, in the course of or in furtherance of that crime or in                                     
13       immediate flight from that crime, any person causes the death of an unborn child;                                 
14 (4)  knowingly engages in conduct that results in the death of an unborn                                                
15 child under circumstances manifesting an extreme indifference to the value of human                                     
16 life; for purposes of this paragraph, a pregnant woman's decision to remain in a                                        
17 relationship in which domestic violence, as defined in AS 18.66.990, has occurred                                       
18 does not constitute conduct manifesting an extreme indifference to the value of human                                   
19       life.                                                                                                             
20    * Sec. 3. AS 11.41.432(a) is amended to read:                                                                      
21 (a)  It is a defense to a crime charged under [AS 11.41.410(a)(3),                                                      
22 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, OR 11.41.427 THAT THE OFFENDER                                             
23       IS]                                                                                                               
24 (1)  AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425,                                               
25       or 11.41.427 that the offender is mentally incapable; or                                                      
26 (2)  AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3)(A),                                                       
27 11.41.425(a)(1)(A), 11.41.425(a)(2) - (6), or 11.41.427 that the offender is married                                
28 to the person and neither party has filed with the court for a separation, divorce, or                                  
29       dissolution of the marriage.                                                                                      
30    * Sec. 4. AS 11.41.452(a) is amended to read:                                                                      
31 (a)  A person commits the crime of [ONLINE] enticement of a minor if the                                                
01       person, being 18 years of age or older, knowingly communicates [USES A                                        
02       COMPUTER TO COMMUNICATE] with another person to entice, solicit, or                                               
03       encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and                                
04                 (1)  the other person is a child under 16 years of age; or                                              
05                 (2)  the person believes that the other person is a child under 16 years                                
06       of age.                                                                                                           
07    * Sec. 5. AS 11.41.452(d) is amended to read:                                                                      
08            (d)  Except as provided in (e) of this section, [ONLINE] enticement of a minor                           
09       is a class B felony.                                                                                              
10    * Sec. 6. AS 11.41.452(e) is amended to read:                                                                      
11 (e)  Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if                                               
12 the defendant was, at the time of the offense, required to register as a sex offender or                                
13       child kidnapper under AS 12.63 or a similar law of another jurisdiction.                                          
14    * Sec. 7. AS 11.46.130(a) is amended to read:                                                                      
15 (a)  A person commits the crime of theft in the second degree if the person                                             
16       commits theft as defined in AS 11.46.100 and                                                                      
17 (1)  the value of the property or services [, ADJUSTED FOR                                                              
18 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than                                                   
19       $25,000;                                                                                                          
20                 (2)  the property is a firearm or explosive;                                                            
21                 (3)  the property is taken from the person of another;                                                  
22 (4)  the property is taken from a vessel and is vessel safety or survival                                               
23       equipment;                                                                                                        
24 (5)  the property is taken from an aircraft and the property is aircraft                                                
25       safety or survival equipment;                                                                                     
26 (6)  the value of the property [, ADJUSTED FOR INFLATION AS                                                             
27 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the                                           
28 preceding five years, the person has been convicted and sentenced on two or more                                        
29       separate occasions in this or another jurisdiction of                                                             
30 (A)  an offense under AS 11.46.120, or an offense under                                                                 
31            another law or ordinance with similar elements;                                                              
01                      (B)  a crime set out in this subsection or an offense under                                        
02            another law or ordinance with similar elements;                                                              
03                      (C)  an offense under AS 11.46.140(a)(1), or an offense under                                      
04            another law or ordinance with similar elements; or                                                           
05                      (D)  an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an                                       
06            offense under another law or ordinance with similar elements; or                                             
07                 (7)  the property is an access device or identification document.                                   
08    * Sec. 8. AS 11.46.140(a) is amended to read:                                                                      
09            (a)  A person commits the crime of theft in the third degree if the person                                   
10       commits theft as defined in AS 11.46.100 and                                                                      
11 (1)  the value of the property or services [, ADJUSTED FOR                                                              
12 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                             
13       or                                                                                                                
14                 (2)  [REPEALED]                                                                                         
15                 (3)  [REPEALED]                                                                                         
16 (4)  the value of the property is less than $250 and, within the preceding                                              
17 five years, the person has been convicted and sentenced on three or more separate                                       
18 occasions in this or another jurisdiction of theft or concealment of merchandise, or an                                 
19       offense under another law or ordinance with similar elements.                                                     
20    * Sec. 9. AS 11.46.150(a) is amended to read:                                                                      
21 (a)  A person commits the crime of theft in the fourth degree if the person                                             
22 commits theft as defined in AS 11.46.100 and the value of the property or services [,                                   
23       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
24    * Sec. 10. AS 11.46.220(c) is amended to read:                                                                     
25            (c)  Concealment of merchandise is                                                                           
26                 (1)  a class C felony if                                                                                
27                      (A)  the merchandise is a firearm;                                                                 
28 (B)  the value of the merchandise [, ADJUSTED FOR                                                                       
29            INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or                                                  
30 (C)  the value of the merchandise [, ADJUSTED FOR                                                                       
31 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
01            $750 and, within the preceding five years, the person has been convicted and                                 
02 sentenced on two or more separate occasions in this or another jurisdiction of                                          
03 (i)  the offense of concealment of merchandise under                                                                    
04 this paragraph or (2)(A) of this subsection, or an offense under another                                                
05                 law or ordinance with similar elements; or                                                              
06                           (ii)  an offense under AS 11.46.120, 11.46.130, or                                            
07                 11.46.140(a)(1), or an offense under another law or ordinance with                                      
08                 similar elements;                                                                                       
09                 (2)  a class A misdemeanor if                                                                           
10 (A)  the value of the merchandise [, ADJUSTED FOR                                                                       
11 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
12            $750; or                                                                                                     
13                      (B)  [REPEALED]                                                                                    
14 (C)  the value of the merchandise is less than $250 and, within                                                         
15 the preceding five years, the person has been convicted and sentenced on three                                          
16 or more separate occasions of the offense of concealment of merchandise or                                              
17 theft in any degree, or an offense under another law or ordinance with similar                                          
18            elements;                                                                                                    
19 (3)  a class B misdemeanor if the value of the merchandise [,                                                           
20       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
21    * Sec. 11. AS 11.46.260(b) is amended to read:                                                                     
22            (b)  Removal of identification marks is                                                                      
23 (1)  a class C felony if the value of the property on which the serial                                                  
24 number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                                     
25       PROVIDED IN AS 11.46.982,] is $750 or more;                                                                       
26 (2)  a class A misdemeanor if the value of the property on which the                                                    
27 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
28       PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                                    
29 (3)  a class B misdemeanor if the value of the property on which the                                                    
30 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
31       PROVIDED IN AS 11.46.982,] is less than $250.                                                                     
01    * Sec. 12. AS 11.46.270(b) is amended to read:                                                                     
02            (b)  Unlawful possession is                                                                                  
03                 (1)  a class C felony if the value of the property on which the serial                                  
04       number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                               
05       PROVIDED IN AS 11.46.982,] is $750 or more;                                                                       
06                 (2)  a class A misdemeanor if the value of the property on which the                                    
07       serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                        
08       PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                                    
09                 (3)  a class B misdemeanor if the value of the property on which the                                    
10 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
11       PROVIDED IN AS 11.46.982,] is less than $250.                                                                     
12    * Sec. 13. AS 11.46.280(d) is amended to read:                                                                     
13            (d)  Issuing a bad check is                                                                                  
14 (1)  a class B felony if the face amount of the check is $25,000 or more;                                               
15 (2)  a class C felony if the face amount of the check [, ADJUSTED                                                       
16 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than                                               
17       $25,000;                                                                                                          
18 (3)  a class A misdemeanor if the face amount of the check [,                                                           
19 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more                                                    
20       but less than $750;                                                                                               
21 (4)  a class B misdemeanor if the face amount of the check [,                                                           
22       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
23    * Sec. 14. AS 11.46.285 is amended to read:                                                                        
24 Sec. 11.46.285. Fraudulent use of an access device or identification                                                
25 document. (a) A person commits the crime of fraudulent use of an access device or                               
26 identification document if, with intent to defraud, the person uses an access device or                         
27       identification document to obtain property or services with knowledge that                                    
28                 (1)  the access device or identification document is stolen or forged;                              
29 (2)  the access device or identification document is expired or has                                                 
30       been revoked or cancelled; or                                                                                     
31 (3)  for any other reason, that person's use of the access device or                                                
01       identification document is unauthorized by either the issuer or the person to whom                            
02       the access device or identification document is issued.                                                       
03            (b)  Fraudulent use of an access device or identification document is                                    
04                 (1)  a class B felony if the value of the property or services obtained is                              
05       $25,000 or more;                                                                                                  
06                 (2)  a class C felony if the value of the property or services obtained [,                              
07       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $75 [$750] or                                         
08       more but less than $25,000;                                                                                       
09                 (3)  a class A misdemeanor if the value of the property or services                                     
10 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less                                                
11       than $75 [$750].                                                                                              
12    * Sec. 15. AS 11.46.295 is amended to read:                                                                        
13 Sec. 11.46.295. Prior convictions. For purposes of considering prior                                                  
14 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or                                             
15 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under                                     
16       AS 11.46.220(c),                                                                                                  
17 (1)  a conviction for an offense under another law or ordinance with                                                    
18 similar elements is a conviction of an offense having elements similar to those of an                                   
19       offense defined as such under Alaska law at the time the offense was committed;                                   
20 (2)  a conviction for an offense under Alaska law where the value of the                                                
21 property or services for the offense was lower than the value of property or services                                   
22       for the offense under current Alaska law is a prior conviction for that offense; and                              
23 (3)  the court shall consider the date of a prior conviction as occurring                                               
24       on the date that sentence is imposed for the prior offense.                                                       
25    * Sec. 16. AS 11.46.360(a) is amended to read:                                                                     
26 (a)  A person commits the crime of vehicle theft in the first degree if, having                                         
27 no right to do so or any reasonable ground to believe the person has such a right, the                                  
28       person drives, tows away, or takes                                                                                
29 (1)  the car, truck, motorcycle, motor home, bus, aircraft, or watercraft                                               
30       of another;                                                                                                       
31                 (2)  the propelled vehicle of another and                                                               
01                      (A)  the vehicle or any other property of another is damaged in a                                  
02            total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN                                                        
03            AS 11.46.982,] of $750 or more;                                                                              
04                      (B)  the owner incurs reasonable expenses as a result of the loss                                  
05            of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS                                        
06            PROVIDED IN AS 11.46.982,] of $750 or more; or                                                               
07                      (C)  the owner is deprived of the use of the vehicle for seven                                     
08            days or more;                                                                                                
09                 (3)  the propelled vehicle of another and the vehicle is marked as a                                    
10       police or emergency vehicle; or                                                                                   
11 (4)  the propelled vehicle of another and, within the preceding seven                                                   
12       years, the person was convicted under                                                                             
13                      (A)  this section or AS 11.46.365;                                                                 
14                      (B)  former AS 11.46.482(a)(4) or (5);                                                             
15                      (C)  former AS 11.46.484(a)(2);                                                                    
16 (D)  AS 11.46.120 - 11.46.140 of an offense involving the theft                                                         
17            of a propelled vehicle; or                                                                                   
18 (E)  a law or ordinance of this or another jurisdiction with                                                            
19 elements substantially similar to those of an offense described in (A) - (D) of                                         
20            this paragraph.                                                                                              
21    * Sec. 17. AS 11.46 is amended by adding a new section to article 3 to read:                                       
22 Sec. 11.46.370. Possession of motor vehicle theft tools. (a) A person commits                                         
23 the crime of possession of motor vehicle theft tools if the person possesses a motor                                    
24 vehicle theft tool with intent to use or permit use of the tool in the commission of                                    
25       vehicle theft.                                                                                                    
26            (b)  In this section,                                                                                        
27 (1)  "altered or shaved key" means a key altered by cutting, filing, or                                                 
28 other means to fit multiple vehicles or vehicles other than vehicles for which the key                                  
29       was originally manufactured;                                                                                      
30 (2)  "motor vehicle theft tool" includes a slim jim, master key, altered                                                
31 or shaved key, trial or jiggler key, lock puller, electronic unlocking device, or similar                               
01       device adapted or designed for use in committing vehicle theft;                                                   
02                 (3)  "trial or jiggler key" means a key designed or altered to manipulate                               
03       a vehicle locking mechanism other than the lock for which the key was originally                                  
04       manufactured.                                                                                                     
05            (c)  Possession of motor vehicle theft tools is a class A misdemeanor.                                       
06    * Sec. 18. AS 11.46.482(a) is amended to read:                                                                     
07            (a)  A person commits the crime of criminal mischief in the third degree if,                                 
08       having no right to do so or any reasonable ground to believe the person has such a                                
09       right,                                                                                                            
10 (1)  with intent to damage property of another, the person damages                                                      
11 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
12       IN AS 11.46.982,] of $750 or more;                                                                                
13 (2)  the person recklessly creates a risk of damage in an amount                                                        
14       exceeding $100,000 to property of another by the use of widely dangerous means; or                                
15                 (3)  the person knowingly                                                                               
16 (A)  defaces, damages, or desecrates a cemetery or the contents                                                         
17 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,                                             
18 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or                                            
19            memorial appears to be abandoned, lost, or neglected;                                                        
20 (B)  removes human remains or associated burial artifacts from                                                          
21 a cemetery, tomb, grave, or memorial regardless of whether the cemetery,                                                
22            tomb, grave, or memorial appears to be abandoned, lost, or neglected.                                        
23    * Sec. 19. AS 11.46.484(a) is amended to read:                                                                     
24 (a)  A person commits the crime of criminal mischief in the fourth degree if,                                           
25 having no right to do so or any reasonable ground to believe the person has such a                                      
26       right,                                                                                                            
27 (1)  with intent to damage property of another, the person damages                                                      
28 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
29       IN AS 11.46.982,] of $250 or more but less than $750;                                                             
30 (2)  the person tampers with a fire protection device in a building that is                                             
31       a public place;                                                                                                   
01                 (3)  the person knowingly accesses a computer, computer system,                                         
02       computer program, computer network, or part of a computer system or network;                                      
03 (4)  the person uses a device to descramble an electronic signal that has                                               
04 been scrambled to prevent unauthorized receipt or viewing of the signal unless the                                      
05 device is used only to descramble signals received directly from a satellite or unless                                  
06       the person owned the device before September 18, 1984; or                                                         
07                 (5)  the person knowingly removes, relocates, defaces, alters, obscures,                                
08       shoots at, destroys, or otherwise tampers with an official traffic control device or                              
09       damages the work on a highway under construction.                                                                 
10    * Sec. 20. AS 11.46.486(a) is amended to read:                                                                     
11 (a)  A person commits the crime of criminal mischief in the fifth degree if,                                            
12 having no right to do so or any reasonable ground to believe the person has such a                                      
13       right,                                                                                                            
14 (1)  with reckless disregard for the risk of harm to or loss of the                                                     
15 property or with intent to cause substantial inconvenience to another, the person                                       
16       tampers with property of another;                                                                                 
17 (2)  with intent to damage property of another, the person damages                                                      
18 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
19       IN AS 11.46.982,] less than $250; or                                                                              
20 (3)  the person rides in a propelled vehicle and, with criminal                                                         
21 negligence, disregards the fact that it has been stolen or that it is being used in                                     
22       violation of AS 11.46.360 or 11.46.365(a)(1).                                                                   
23    * Sec. 21. AS 11.46.530(b) is amended to read:                                                                     
24            (b)  Criminal simulation is                                                                                  
25 (1)  a class C felony if the value of what the object purports to represent                                             
26 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or                                                      
27       more;                                                                                                             
28 (2)  a class A misdemeanor if the value of what the object purports to                                                  
29 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is                                                    
30       $250 or more but less than $750;                                                                                  
31 (3)  a class B misdemeanor if the value of what the object purports to                                                  
01       represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less                                         
02       than $250.                                                                                                        
03    * Sec. 22. AS 11.46.620(d) is amended to read:                                                                     
04            (d)  Misapplication of property is                                                                           
05                 (1)  a class C felony if the value of the property misapplied [,                                        
06       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more;                                             
07                 (2)  a class A misdemeanor if the value of the property misapplied [,                                   
08       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750.                                           
09    * Sec. 23. AS 11.46.730(c) is amended to read:                                                                     
10 (c)  Defrauding creditors is a class A misdemeanor unless that secured party,                                           
11 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR                                                  
12 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the                                              
13       defendant's conduct, in which case defrauding secured creditors is                                                
14                 (1)  a class B felony if the loss is $25,000 or more;                                                   
15 (2)  a class C felony if the loss [, ADJUSTED FOR INFLATION AS                                                          
16       PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000.                                                 
17    * Sec. 24. AS 11.46.980 is amended by adding a new subsection to read:                                             
18 (e)  In determining the degree or classification of a crime under this chapter, if                                      
19 the combined value of the property or services taken from one or more persons or                                        
20 commercial establishments within a period of 180 days is $750 or more but less than                                     
21       $25,000, the value may be aggregated.                                                                             
22    * Sec. 25. AS 11.56.810(a) is amended to read:                                                                     
23 (a)  A person commits the crime of terroristic threatening in the second degree                                         
24 if the person knowingly communicates a threat [MAKES A FALSE REPORT                                                 
25       THAT A CIRCUMSTANCE]                                                                                              
26 (1)  to commit a crime against a person or property with reckless                                                   
27 disregard of the risk of [DANGEROUS TO HUMAN LIFE EXISTS OR IS ABOUT                                                
28       TO EXIST AND]                                                                                                     
29 (A)  causing the [A PERSON IS PLACED IN REASONABLE                                                                  
30 FEAR OF PHYSICAL INJURY TO ANY PERSON; (B)  CAUSES]                                                                     
31 evacuation of a building, public place or area, business premises, or mode of                                           
01            public transportation;                                                                                       
02                      (B)  causing [(C) CAUSES] serious public inconvenience; or                                     
03 (C)  placing the public or a substantial group of the public                                                        
04 in fear of serious injury [(D) THE REPORT CLAIMS THAT A                                                             
05 BACTERIOLOGICAL, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL                                                                  
06 SUBSTANCE THAT IS CAPABLE OF CAUSING SERIOUS PHYSICAL                                                                   
07 INJURY HAS BEEN SENT OR IS PRESENT IN A BUILDING, PUBLIC                                                                
08 PLACE OR AREA, BUSINESS PREMISES, OR MODE OF PUBLIC                                                                     
09            TRANSPORTATION]; or                                                                                          
10 (2)  that a circumstance exists or is about to exist that is dangerous to                                           
11 the proper or safe functioning of an oil or gas pipeline or supporting facility, utility, or                            
12 transportation or cargo facility; in this paragraph, "oil or gas pipeline or supporting                                 
13       facility" and "utility" have the meanings given in AS 11.46.495.                                                  
14    * Sec. 26. AS 11.61.120(a) is amended to read:                                                                     
15 (a)  A person commits the crime of harassment in the second degree if, with                                             
16       intent to harass or annoy another person, that person                                                             
17 (1)  insults, taunts, or challenges another person in a manner likely to                                                
18       provoke an immediate violent response;                                                                            
19 (2)  telephones another and fails to terminate the connection with intent                                               
20       to impair the ability of that person to place or receive telephone calls;                                         
21                 (3)  makes repeated telephone calls at extremely inconvenient hours;                                    
22 (4)  makes an anonymous or obscene telephone call, an obscene                                                           
23 electronic communication, or a telephone call or electronic communication that                                          
24       threatens physical injury or sexual contact;                                                                      
25                 (5)  subjects another person to offensive physical contact;                                             
26 (6)  except as provided in AS 11.61.116, publishes or distributes                                                       
27 electronic or printed photographs, pictures, or films that show the genitals, anus, or                                  
28       female breast of the other person or show that person engaged in a sexual act; [OR]                               
29 (7)  repeatedly sends or publishes an electronic communication that                                                     
30 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner                                  
31       that places the person in reasonable fear of physical injury; or                                              
01 (8)  under circumstances not proscribed under AS 11.41.455 or                                                       
02 AS 11.61.125, repeatedly sends to another person, publishes, or distributes                                         
03 electronic or printed photographs, pictures, or films that show the genitals of any                                 
04       person.                                                                                                       
05    * Sec. 27. AS 11.71 is amended by adding a new section to read:                                                    
06 Sec. 11.71.025. Misconduct involving a controlled substance in the second                                             
07 degree. (a) Except as authorized in AS 17.30, a person commits the crime of                                           
08 misconduct involving a controlled substance in the second degree if the person                                          
09       manufactures or delivers, or possesses with intent to manufacture or deliver,                                     
10 (1)  one or more preparations, compounds, mixtures, or substances of                                                    
11 an aggregate weight of 100 grams or more containing a schedule IA controlled                                            
12       substance;                                                                                                        
13 (2)  200 or more tablets, ampules, or syrettes containing a schedule IA                                                 
14       controlled substance;                                                                                             
15 (3)  one or more preparations, compounds, mixtures, or substances of                                                    
16 an aggregate weight of 200 grams or more containing a schedule IIA controlled                                           
17       substance; or                                                                                                     
18 (4)  400 or more tablets, ampules, or syrettes containing a schedule IIA                                                
19       controlled substance.                                                                                             
20 (b)  Misconduct involving a controlled substance in the second degree is a                                              
21       class A felony.                                                                                                   
22    * Sec. 28. AS 11.71.030(a) is amended to read:                                                                     
23 (a)  Except as authorized in AS 17.30, a person commits the crime of                                                    
24 misconduct involving a controlled substance in the third [SECOND] degree if the                                     
25       person                                                                                                            
26 (1)  manufactures or delivers, or possesses with intent to manufacture                                                  
27       or deliver,                                                                                                       
28 (A)  one or more preparations, compounds, mixtures, or                                                                  
29 substances of an aggregate weight of one gram or more but less than 100                                             
30            grams containing a schedule IA controlled substance;                                                     
31 (B)  25 or more but less than 200 tablets, ampules, or syrettes                                                     
01            containing a schedule IA controlled substance;                                                               
02                      (C)  one or more preparations, compounds, mixtures, or                                             
03            substances of an aggregate weight of                                                                         
04                           (i)  2.5 grams or more but less than 200 grams                                        
05                 containing a schedule IIA controlled substance;                                                     
06                           (ii)  2.5 grams or more containing a schedule [OR]                                        
07                 IIIA controlled substance; or                                                                           
08                      (D)  50 or more                                                                                  
09                           (i)  but less than 400 tablets, ampules, or syrettes                                      
10                 containing a schedule IIA controlled substance;                                                     
11 (ii)  tablets, ampules, or syrettes containing a                                                                    
12                 schedule [OR] IIIA controlled substance;                                                            
13 (2)  delivers any amount of a schedule IVA, VA, or VIA controlled                                                       
14 substance to a person under 19 years of age who is at least three years younger than                                    
15       the person delivering the substance;                                                                              
16                 (3)  possesses any amount of a schedule IA or IIA controlled substance                                  
17                      (A)  with reckless disregard that the possession occurs                                            
18                           (i)  on or within 500 feet of school grounds; or                                              
19 (ii)  at or within 500 feet of a recreation or youth center;                                                            
20                 or                                                                                                      
21                      (B)  on a school bus;                                                                              
22 (4)  manufactures any material, compound, mixture, or preparation that                                                  
23       contains                                                                                                          
24 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
25            or                                                                                                           
26 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
27            isomers, or salts of isomers;                                                                                
28 (5)  possesses an immediate precursor of methamphetamine, or the                                                        
29 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                      
30 with the intent to manufacture any material, compound, mixture, or preparation that                                     
31       contains methamphetamine, or its salts, isomers, or salts of isomers;                                             
01                 (6)  possesses a listed chemical with intent to manufacture any material,                               
02       compound, mixture, or preparation that contains                                                                   
03                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
04            or                                                                                                           
05                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
06            isomers, or salts of isomers;                                                                                
07                 (7)  possesses methamphetamine in an organic solution with intent to                                    
08       extract from it methamphetamine or its salts, isomers, or salts of isomers; or                                    
09                 (8)  under circumstances not proscribed under AS 11.71.010(a)(2),                                       
10       delivers                                                                                                          
11 (A)  an immediate precursor of methamphetamine, or the salts,                                                           
12 isomers, or salts of isomers of the immediate precursor of methamphetamine,                                             
13 to another person with reckless disregard that the precursor will be used to                                            
14 manufacture any material, compound, mixture, or preparation that contains                                               
15            methamphetamine, or its salts, isomers, or salts of isomers; or                                              
16 (B)  a listed chemical to another person with reckless disregard                                                        
17 that the listed chemical will be used to manufacture any material, compound,                                            
18            mixture, or preparation that contains                                                                        
19 (i)  methamphetamine, or its salts, isomers, or salts of                                                                
20                 isomers;                                                                                                
21 (ii)  an immediate precursor of methamphetamine, or its                                                                 
22                 salts, isomers, or salts of isomers; or                                                                 
23 (iii)  methamphetamine or its salts, isomers, or salts of                                                               
24                 isomers in an organic solution.                                                                         
25    * Sec. 29. AS 11.71.030(d) is amended to read:                                                                     
26 (d)  Misconduct involving a controlled substance in the third [SECOND]                                              
27       degree is a class B felony.                                                                                       
28    * Sec. 30. AS 11.71.040(a) is amended to read:                                                                     
29 (a)  Except as authorized in AS 17.30 and AS 17.38, a person commits the                                            
30 crime of misconduct involving a controlled substance in the fourth [THIRD] degree if                                
31       the person                                                                                                        
01                 (1)  manufactures or delivers any amount of a schedule IVA or VA                                        
02       controlled substance or possesses any amount of a schedule IVA or VA controlled                                   
03       substance with intent to manufacture or deliver;                                                                  
04 (2)  manufactures or delivers, or possesses with the intent to                                                          
05 manufacture or deliver, one or more preparations, compounds, mixtures, or substances                                    
06 of an aggregate weight of one ounce or more containing a schedule VIA controlled                                        
07       substance;                                                                                                        
08                 (3)  possesses any amount of a schedule IA controlled substance listed                                  
09       in AS 11.71.140(e);                                                                                               
10                 (4)  possesses a schedule IIIA, IVA, VA, or VIA controlled substance                                    
11                      (A)  with reckless disregard that the possession occurs                                            
12                           (i)  on or within 500 feet of school grounds; or                                              
13 (ii)  at or within 500 feet of a recreation or youth center;                                                            
14                 or                                                                                                      
15                      (B)  on a school bus;                                                                              
16 (5)  knowingly keeps or maintains any store, shop, warehouse,                                                           
17 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for                               
18 keeping or distributing controlled substances in violation of a felony offense under this                               
19       chapter or AS 17.30;                                                                                              
20 (6)  makes, delivers, or possesses a punch, die, plate, stone, or other                                                 
21 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying                                
22 mark, imprint, or device of another or any likeness of any of these on a drug, drug                                     
23       container, or labeling so as to render the drug a counterfeit substance;                                          
24 (7)  knowingly uses in the course of the manufacture or distribution of a                                               
25 controlled substance a registration number that is fictitious, revoked, suspended, or                                   
26       issued to another person;                                                                                         
27 (8)  knowingly furnishes false or fraudulent information in or omits                                                    
28 material information from any application, report, record, or other document required                                   
29       to be kept or filed under AS 17.30;                                                                               
30 (9)  obtains possession of a controlled substance by misrepresentation,                                                 
31       fraud, forgery, deception, or subterfuge;                                                                         
01                 (10)  affixes a false or forged label to a package or other container                                   
02       containing any controlled substance; [OR]                                                                         
03                 (11)  manufactures or delivers, or possesses with the intent to                                         
04       manufacture or deliver,                                                                                           
05                      (A)  one or more preparations, compounds, mixtures, or                                             
06            substances of an aggregate weight of less than one gram containing a schedule                                
07            IA controlled substance;                                                                                     
08                      (B)  less than 25 tablets, ampules, or syrettes containing a                                       
09            schedule IA controlled substance;                                                                            
10 (C)  one or more preparations, compounds, mixtures, or                                                                  
11 substances of an aggregate weight of less than 2.5 grams containing a schedule                                          
12            IIA or IIIA controlled substance; or                                                                         
13 (D)  less than 50 tablets, ampules, or syrettes containing a                                                            
14            schedule IIA or IIIA controlled substance; or                                                            
15 (12)  under circumstances not proscribed under AS 11.71.030(a)(3)                                                   
16 or (3) of this subsection, possesses any amount of a schedule IA or IIA controlled                                  
17 substance and, within the preceding 10 years, has been convicted on two or more                                     
18       separate occasions of a crime under                                                                           
19                      (A)  this paragraph;                                                                           
20                      (B)  AS 11.71.050(a)(4); or                                                                    
21 (C)  a law or ordinance of this or another jurisdiction with                                                        
22            elements similar to a crime listed under (A) or (B) of this paragraph.                                   
23    * Sec. 31. AS 11.71.040(d) is amended to read:                                                                     
24 (d)  Misconduct involving a controlled substance in the fourth [THIRD]                                              
25       degree is a class C felony.                                                                                       
26    * Sec. 32. AS 11.71.050 is amended to read:                                                                        
27 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth                                            
28 [FOURTH] degree. (a) Except as authorized in AS 17.30 and AS 17.38, a person                                      
29 commits the crime of misconduct involving a controlled substance in the fifth                                       
30       [FOURTH] degree if the person                                                                                     
31 (1)  manufactures or delivers, or possesses with the intent to                                                          
01       manufacture or deliver, one or more preparations, compounds, mixtures, or substances                              
02       of an aggregate weight of less than one ounce containing a schedule VIA controlled                                
03       substance;                                                                                                        
04                 (2)  [REPEALED]                                                                                         
05                 (3)  fails to make, keep, or furnish any record, notification, order form,                              
06       statement, invoice, or information required under AS 17.30; or                                                    
07                 (4)  under circumstances not proscribed under AS 11.71.030(a)(3),                                       
08       11.71.040(a)(3), (4), or (12) [11.71.040(a)(4)], or 11.71.060(a)(2), possesses any                            
09       amount of a schedule IA, IIA, IIIA, IVA, VA, or VIA controlled substance.                                         
10 (b)  Misconduct involving a controlled substance in the fifth [FOURTH]                                              
11       degree is a class A misdemeanor.                                                                                  
12    * Sec. 33. AS 11.71.060 is amended to read:                                                                        
13 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth                                            
14 [FIFTH] degree. (a) Except as authorized in AS 17.30 and AS 17.38, a person                                       
15 commits the crime of misconduct involving a controlled substance in the sixth                                       
16       [FIFTH] degree if the person                                                                                      
17 (1)  uses or displays any amount of a schedule VIA controlled                                                           
18       substance;                                                                                                        
19 (2)  possesses one or more preparations, compounds, mixtures, or                                                        
20       substances of an aggregate weight of                                                                              
21 (A)  less than one ounce containing a schedule VIA controlled                                                           
22            substance;                                                                                                   
23 (B)  six grams or less containing a schedule IIIA controlled                                                            
24 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or                                               
25            otherwise applied to tobacco, an herb, or another organic material; or                                       
26 (3)  refuses entry into premises [A PREMISE] for an inspection                                                      
27       authorized under AS 17.30.                                                                                        
28 (b)  Misconduct involving a controlled substance in the sixth [FIFTH] degree                                        
29       is a class B misdemeanor.                                                                                         
30    * Sec. 34. AS 11.71.311(a) is amended to read:                                                                     
31 (a)  A person may not be prosecuted for a violation of AS 11.71.025(a),                                             
01 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) [AS 11.71.030(a)(3), 11.71.040(a)(3)                                 
02       OR (4)], 11.71.050(a)(4), or 11.71.060(a)(1) or (2) if that person                                                
03 (1)  sought, in good faith, medical or law enforcement assistance for                                                   
04 another person who the person reasonably believed was experiencing a drug overdose                                      
05       and                                                                                                               
06 (A)  the evidence supporting the prosecution for an offense                                                             
07 under AS 11.71.025(a), 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12)                                               
08 [AS 11.71.030(a)(3), 11.71.040(a)(3) OR (4)], 11.71.050(a)(4), or                                                       
09 11.71.060(a)(1) or (2) was obtained or discovered as a result of the person                                             
10            seeking medical or law enforcement assistance;                                                               
11 (B)  the person remained at the scene with the other person until                                                       
12            medical or law enforcement assistance arrived; and                                                           
13 (C)  the person cooperated with medical or law enforcement                                                              
14            personnel, including by providing identification;                                                            
15 (2)  was experiencing a drug overdose and sought medical assistance,                                                    
16 and the evidence supporting a prosecution for an offense under AS 11.71.025(a),                                     
17 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) [AS 11.71.030(a)(3), 11.71.040(a)(3)                                 
18 OR (4)], 11.71.050(a)(4), or 11.71.060(a)(1) or (2) was obtained as a result of the                                     
19       overdose and the need for medical assistance.                                                                     
20    * Sec. 35. AS 12.55.015 is amended by adding a new subsection to read:                                             
21 (l)  At sentencing for a defendant convicted of a crime involving a sex offense                                         
22 as defined in AS 12.63.100 or a crime involving domestic violence as defined in                                         
23 AS 18.66.990, there is a presumption that, unless the court finds on the record that                                    
24 contact between a defendant and the victim of the offense is necessary, the court shall                                 
25 order the defendant to have no contact, either directly or indirectly, with the victim                                  
26       until the defendant is unconditionally discharged.                                                                
27    * Sec. 36. AS 12.55.027 is amended by adding a new subsection to read:                                             
28 (i)  A court may grant credit under this section for time spent in a treatment                                          
29 program or under electronic monitoring only if the court finds that the sentence,                                       
30 including any credit toward the sentence of imprisonment, meets the requirements of                                     
31       AS 12.55.005.                                                                                                     
01    * Sec. 37. AS 12.55.125(d) is amended to read:                                                                     
02 (d)  Except as provided in (i) of this section, a defendant convicted of a class B                                      
03 felony may be sentenced to a definite term of imprisonment of not more than 10 years,                                   
04 and shall be sentenced to a definite term within the following presumptive ranges,                                      
05       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
06 (1)  if the offense is a first felony conviction and does not involve                                                   
07 circumstances described in (2) or 3 of this subsection, 90 days [ZERO] to two years; a                          
08 defendant sentenced under this paragraph may, if the court finds it appropriate, be                                     
09       granted a suspended imposition of sentence under AS 12.55.085;                                                    
10 (2)  if the offense is a first felony conviction, the defendant violated                                                
11       AS 11.41.130, and the victim was                                                                                  
12                      (A)  a child under 16 years of age, two to four years; or                                          
13                      (B)  was 16 years of age or older, one to three years;                                             
14 (3)  if the offense is a first felony conviction under                                                              
15 AS 11.71.030(a)(4), (5), (6), (7), or (8) for manufacture or possession with intent                                 
16       to manufacture a controlled substance that is listed in AS 11.71.150(e)(2) and                                
17 (A)  the manufacture or possession with intent to                                                                   
18 manufacture occurred in a building with reckless disregard that the                                                 
19 building was used as a permanent or temporary home or place of lodging                                              
20 for one or more children under 18 years of age, or a place frequented by                                            
21            children,  two to four years; or                                                                         
22 (B)  in the course of manufacturing, the defendant obtained                                                         
23 the assistance of one or more children under 18 years of age, or one or                                             
24            more children were present, two to four years;                                                           
25                 (4) [(3)]  if the offense is a second felony conviction, two to five years;                         
26                 (5) [(4)]  if the offense is a third felony conviction, four to 10 years.                           
27    * Sec. 38. AS 12.55.125(i) is amended to read:                                                                     
28            (i)  A defendant convicted of                                                                                
29 (1)  sexual assault in the first degree, sexual abuse of a minor in the                                                 
30 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be                                    
31 sentenced to a definite term of imprisonment of not more than 99 years and shall be                                     
01       sentenced to a definite term within the following presumptive ranges, subject to                                  
02       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
03                      (A)  if the offense is a first felony conviction, the offense does                                 
04            not involve circumstances described in (B) of this paragraph, and the victim                                 
05            was                                                                                                          
06                           (i)  less than 13 years of age, 25 to 35 years;                                               
07                           (ii)  13 years of age or older, 20 to 30 years;                                               
08                      (B)  if the offense is a first felony conviction and the defendant                                 
09            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
10            injury during the commission of the offense, 25 to 35 years;                                                 
11 (C)  if the offense is a second felony conviction and does not                                                          
12            involve circumstances described in (D) of this paragraph, 30 to 40 years;                                    
13 (D)  if the offense is a second felony conviction and the                                                               
14            defendant has a prior conviction for a sexual felony, 35 to 45 years;                                        
15 (E)  if the offense is a third felony conviction and the defendant                                                      
16 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40                                     
17            to 60 years;                                                                                                 
18 (F)  if the offense is a third felony conviction, the defendant is                                                      
19 not subject to sentencing under (l) of this section, and the defendant has two                                          
20            prior convictions for sexual felonies, 99 years;                                                             
21 (2)  unlawful exploitation of a minor under AS 11.41.455(c)(2),                                                         
22 [ONLINE] enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or                                        
23 solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the                               
24 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be                                    
25 sentenced to a definite term of imprisonment of not more than 99 years and shall be                                     
26 sentenced to a definite term within the following presumptive ranges, subject to                                        
27       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
28 (A)  if the offense is a first felony conviction, the offense does                                                      
29 not involve circumstances described in (B) of this paragraph, and the victim                                            
30            was                                                                                                          
31                           (i)  under 13 years of age, 20 to 30 years;                                                   
01                           (ii)  13 years of age or older, 15 to 30 years;                                               
02                      (B)  if the offense is a first felony conviction and the defendant                                 
03            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
04            injury during the commission of the offense, 25 to 35 years;                                                 
05                      (C)  if the offense is a second felony conviction and does not                                     
06            involve circumstances described in (D) of this paragraph, 25 to 35 years;                                    
07                      (D)  if the offense is a second felony conviction and the                                          
08            defendant has a prior conviction for a sexual felony, 30 to 40 years;                                        
09                      (E)  if the offense is a third felony conviction, the offense does                                 
10 not involve circumstances described in (F) of this paragraph, and the defendant                                         
11            is not subject to sentencing under (l) of this section, 35 to 50 years;                                      
12 (F)  if the offense is a third felony conviction, the defendant is                                                      
13 not subject to sentencing under (l) of this section, and the defendant has two                                          
14            prior convictions for sexual felonies, 99 years;                                                             
15 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                                
16 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), unlawful                                           
17 exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography                                  
18 under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not                                     
19 more than 99 years and shall be sentenced to a definite term within the following                                       
20       presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
21                      (A)  if the offense is a first felony conviction, five to 15 years;                                
22 (B)  if the offense is a second felony conviction and does not                                                          
23            involve circumstances described in (C) of this paragraph, 10 to 25 years;                                    
24 (C)  if the offense is a second felony conviction and the                                                               
25            defendant has a prior conviction for a sexual felony, 15 to 30 years;                                        
26 (D)  if the offense is a third felony conviction and does not                                                           
27            involve circumstances described in (E) of this paragraph, 20 to 35 years;                                    
28 (E)  if the offense is a third felony conviction and the defendant                                                      
29            has two prior convictions for sexual felonies, 99 years;                                                     
30 (4)  sexual assault in the third degree, incest, indecent exposure in the                                               
31 first degree, possession of child pornography, distribution of child pornography under                                  
01 AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in                                 
02 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation                                  
03 of a minor, or distribution of child pornography, may be sentenced to a definite term                                   
04 of imprisonment of not more than 99 years and shall be sentenced to a definite term                                     
05 within the following presumptive ranges, subject to adjustment as provided in                                           
06       AS 12.55.155 - 12.55.175:                                                                                         
07                      (A)  if the offense is a first felony conviction, two to 12 years;                                 
08                      (B)  if the offense is a second felony conviction and does not                                     
09            involve circumstances described in (C) of this paragraph, eight to 15 years;                                 
10 (C)  if the offense is a second felony conviction and the                                                               
11            defendant has a prior conviction for a sexual felony, 12 to 20 years;                                        
12 (D)  if the offense is a third felony conviction and does not                                                           
13            involve circumstances described in (E) of this paragraph, 15 to 25 years;                                    
14 (E)  if the offense is a third felony conviction and the defendant                                                      
15            has two prior convictions for sexual felonies, 99 years.                                                     
16    * Sec. 39. AS 12.55.135(a) is amended to read:                                                                     
17 (a)  A defendant convicted of a class A misdemeanor may be sentenced to a                                               
18       definite term of imprisonment of not more than                                                                    
19                 (1)  one year, if the                                                                                   
20 (A)  conviction is for a crime with a mandatory minimum term                                                            
21            of 30 days or more of active imprisonment;                                                                   
22 (B)  trier of fact finds the aggravating factor that the conduct                                                        
23 constituting the offense was among the most serious conduct included in the                                             
24            definition of the offense;                                                                                   
25 (C)  defendant has past criminal convictions for conduct                                                                
26 violative of criminal laws, punishable as felonies or misdemeanors, similar in                                          
27            nature to the offense for which the defendant is being sentenced;                                            
28 (D)  conviction is for an assault in the fourth degree under                                                            
29            AS 11.41.230; [OR]                                                                                           
30                      (E)  conviction is for a violation of                                                              
31                           (i)  AS 11.41.427;                                                                            
01                           (ii)  AS 11.41.440;                                                                           
02                           (iii)  AS 11.41.460, if the indecent exposure is before a                                     
03                 person under 16 years of age;                                                                           
04                           (iv)  AS 11.61.116(c)(2); or                                                                  
05                           (v)  AS 11.61.118(a)(2); or                                                               
06                      (F)  conviction is for a crime involving domestic violence; or                                 
07                 (2)  90 [30] days.                                                                                  
08    * Sec. 40. AS 12.55.135(b) is amended to read:                                                                     
09            (b)  A defendant convicted of a class B misdemeanor may be sentenced to a                                    
10       definite term of imprisonment of not more than                                                                    
11 (1)  30 [10] days unless otherwise specified in the provision of law                                                
12       defining the offense or in this section;                                                                          
13                 (2)  90 days if the conviction is for a violation of                                                    
14 (A)  AS 11.61.116(c)(1) and the person is 21 years of age or                                                            
15            older; or                                                                                                    
16 (B)  AS 11.61.120(a)(6) and the person is 21 years of age or                                                            
17            older; or                                                                                                    
18                 (3)  five days if the conviction is for a violation of AS 11.56.757.                                    
19    * Sec. 41. AS 12.55.135(n) is amended to read:                                                                     
20 (n)  A court sentencing a person convicted of misconduct involving a                                                    
21 controlled substance in the fifth [FOURTH] degree under AS 11.71.050(a)(4) or                                       
22 misconduct involving a controlled substance in the sixth [FIFTH] degree under                                       
23       AS 11.71.060(a)(2) may not impose                                                                                 
24 (1)  a sentence of active imprisonment, unless the person has previously                                                
25 been convicted more than once of an offense under AS 11.71 or a law of this or                                          
26 another jurisdiction with elements substantially similar to an offense under AS 11.71;                                  
27       or                                                                                                                
28                 (2)  a sentence of suspended imprisonment greater than                                                  
29 (A)  30 days, if the defendant has not been previously convicted                                                        
30 of an offense under AS 11.71 or a law of this or another jurisdiction with                                              
31            elements substantially similar to an offense under AS 11.71; or                                              
01                      (B)  180 days, if the person has been previously convicted of an                                   
02            offense under AS 11.71 or a law of this or another jurisdiction with elements                                
03            substantially similar to an offense under AS 11.71.                                                          
04    * Sec. 42. AS 12.55.185(10) is amended to read:                                                                    
05                 (10)  "most serious felony" means                                                                       
06 (A)  arson in the first degree, sex trafficking in the first degree                                                     
07 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under                                                          
08 AS 11.41.452(e), or any unclassified or class A felony prescribed under                                                 
09            AS 11.41; or                                                                                                 
10 (B)  an attempt, or conspiracy to commit, or criminal                                                                   
11 solicitation under AS 11.31.110 of, an unclassified felony prescribed under                                             
12            AS 11.41;                                                                                                    
13    * Sec. 43. AS 12.55.185(16) is amended to read:                                                                    
14 (16)  "sexual felony" means sexual assault in the first degree, sexual                                                  
15 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in                            
16 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation                                  
17 of a minor, distribution of child pornography, sexual assault in the third degree, incest,                              
18 indecent exposure in the first degree, possession of child pornography, [ONLINE]                                        
19 enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those                                  
20       crimes;                                                                                                           
21    * Sec. 44. AS 12.61.050 is amended by adding a new subsection to read:                                             
22 (c)  Through the automated victim notification system established in (a) of this                                        
23 section, the Department of Corrections shall notify a victim of a sex offense as defined                                
24 in AS 12.63.100 or a crime involving domestic violence as defined in AS 18.66.990 of                                    
25 the option to request a protective order under AS 18.65.850 or AS 18.66.100 and                                         
26 provide contact information for state victim resources, including the Council on                                        
27 Domestic Violence and Sexual Assault, the Alaska Network on Domestic Violence                                           
28 and Sexual Assault, the Office of Victims' Rights, and the Violent Crimes                                               
29 Compensation Board. This notification must occur when the offender of the victim is                                     
30 released from incarceration or when the order under AS 12.55.015(l) expires,                                            
31       whichever is later.                                                                                               
01    * Sec. 45. AS 12.63.010(d) is amended to read:                                                                   
02            (d)  A sex offender or child kidnapper required to register                                                  
03 (1)  for 15 years under (a) of this section and AS 12.63.020                                                        
04 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under                                       
05 AS 12.63.020, on a date set by the department at the time of the sex offender's or child                                
06 kidnapper's initial registration, provide written verification to the department, in the                                
07 manner required by the department, of the sex offender's or child kidnapper's address                                   
08 and notice of any changes to the information previously provided under (b)(1) of this                                   
09       section;                                                                                                          
10 (2)  for life under (a) of this section and AS 12.63.020                                                            
11 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department,                                   
12 provide written verification to the department, in the manner required by the                                           
13 department, of the sex offender's or child kidnapper's address and any changes to the                                   
14       information previously provided under (b)(1) of this section.                                                     
15    * Sec. 46. AS 12.63.010 is amended by adding a new subsection to read:                                             
16 (g)  Notwithstanding the requirement to register under this section, a sex                                              
17 offender or child kidnapper, as that term is defined in AS 12.63.100(6)(B), may                                         
18 petition the department for removal from the central registry of sex offenders and child                                
19 kidnappers and to be exempt from the registration requirements under this section. The                                  
20 department shall grant the petition if the petitioner submits proof acceptable to the                                   
21 department that the facts underlying the conviction in another jurisdiction do not                                      
22 constitute a sex offense or child kidnapping in this state. When the petition is granted,                               
23 the department shall remove from the central registry information about the sex                                         
24       offender or child kidnapper as provided in AS 18.65.087(d)(4).                                                    
25    * Sec. 47. AS 12.63.020 is amended to read:                                                                        
26 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to                                                   
27 register. (a) The duty of a sex offender or child kidnapper to comply with the                                        
28       requirements of AS 12.63.010 is as follows:                                                                   
29 (1)  for a sex offender or child kidnapper, as that term is defined in                                              
30       AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty                                    
31 (A) [(1)]  continues for the lifetime of a sex offender or child                                                    
01            kidnapper convicted of                                                                                       
02                           (i) [(A)]  one aggravated sex offense; or                                                 
03 (ii) [(B)]  two or more sex offenses, two or more child                                                             
04 kidnappings, or one sex offense and one child kidnapping; for purposes                                                  
05 of this section, a person convicted of indecent exposure before a person                                                
06 under 16 years of age under AS 11.41.460 more than two times has                                                        
07                 been convicted of two or more sex offenses;                                                             
08                      (B) [(2)]  ends 15 years following the sex offender's or child                                 
09            kidnapper's unconditional discharge from a conviction for a single sex offense                               
10 that is not an aggravated sex offense or for a single child kidnapping if the sex                                       
11 offender or child kidnapper has supplied proof that is acceptable to the                                                
12 department of the unconditional discharge; the registration period under this                                           
13            subparagraph                                                                                             
14 (i)  [PARAGRAPH (A)]  is tolled for each year that a                                                                
15 sex offender or child kidnapper [(i)] fails to comply with the                                                          
16 requirements of this chapter or [; (ii)] is incarcerated for the offense or                                         
17 kidnapping for which the offender or kidnapper is required to register                                                  
18                 or for any other offense;                                                                               
19 (ii) [(B)]  may include the time a sex offender or child                                                            
20 kidnapper was absent from this state if the sex offender or child                                                       
21 kidnapper has complied with any sex offender or child kidnapper                                                         
22 registration requirements of the jurisdiction in which the offender or                                                  
23 kidnapper was located and if the sex offender or child kidnapper                                                        
24 provides the department with proof of the compliance while the sex                                                      
25                 offender or child kidnapper was absent from this state; and                                             
26 (iii) [(C)]  continues for a sex offender or child                                                                  
27 kidnapper who has not supplied proof acceptable to the department of                                                    
28 the offender's or kidnapper's unconditional discharge for the sex                                                       
29                 offense or child kidnapping requiring registration;                                                 
30 (2)  for a sex offender or child kidnapper, as that term is defined in                                              
31 AS 12.63.100(6)(B), the duty continues for the period determined by the                                             
01       department under (b) of this section.                                                                         
02            (b)  The department shall adopt, by regulation,                                                              
03                 (1)  procedures to notify a sex offender or child kidnapper                                         
04 (A)  who, on the registration form under AS 12.63.010, lists a                                                      
05 conviction for a sex offense or child kidnapping that is a violation of a former                                        
06 law of this state or a law of another jurisdiction, of the duration of the                                              
07 offender's or kidnapper's duty under (a) of this section for that sex offense or                                        
08            child kidnapping;                                                                                        
09                      (B)  as that term is defined in AS 12.63.100(6)(B), of the                                     
10 duration of the sex offender or child kidnapper's duty under (a) of this                                            
11 section and of the procedure to petition for removal from the central                                               
12 registry; in adopting regulations under this subparagraph, the                                                      
13            department shall                                                                                         
14 (i)  consider the period of registration required in the                                                            
15                 other jurisdiction; and                                                                             
16 (ii)  provide for tolling of the registration period if                                                             
17 the sex offender or child kidnapper fails to comply with the                                                        
18                 requirements of this chapter or is incarcerated;                                                    
19 (2)  a requirement that an [. AS A PART OF THE REGULATIONS,                                                         
20 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply                                                     
21       proof acceptable to the department of unconditional discharge and the date it occurred;                       
22 (3)  procedures to remove a sex offender or child kidnapper, as that                                                
23 term is defined in AS 12.63.100(6)(B), from the central registry of sex offenders                                   
24       and child kidnappers.                                                                                         
25    * Sec. 48. AS 12.63.100(6) is amended to read:                                                                     
26                 (6)  "sex offender or child kidnapper" means                                                            
27 (A)  a person convicted of a sex offense or child kidnapping in                                                     
28 this state or another jurisdiction regardless of whether the conviction occurred                                        
29            before, after, or on January 1, 1999;                                                                        
30 (B)  a person charged and convicted as an adult of an                                                               
31 offense that requires registration as a sex offender or child kidnapper in                                          
01            another jurisdiction;                                                                                    
02    * Sec. 49. AS 18.65.087(d) is amended to read:                                                                     
03            (d)  The Department of Public Safety                                                                         
04                 (1)  shall adopt regulations to                                                                         
05 (A)  allow a sex offender or child kidnapper to review sex                                                              
06 offender or child kidnapper registration information that refers to that sex                                            
07 offender or child kidnapper, and if the sex offender or child kidnapper believes                                        
08 the information is inaccurate or incomplete, to request the department to                                               
09 correct the information; if the department finds the information is inaccurate or                                       
10            incomplete, the department shall correct or supplement the information;                                      
11 (B)  ensure the appropriate circulation to law enforcement                                                              
12            agencies of information contained in the central registry;                                                   
13 (C)  ensure the anonymity of members of the public who                                                                  
14            request information under this section;                                                                      
15 (2)  shall provide to the Department of Corrections and municipal                                                       
16 police departments the forms and directions necessary to allow sex offenders and child                                  
17       kidnappers to comply with AS 12.63.010;                                                                           
18 (3)  may adopt regulations to establish fees to be charged for                                                          
19 registration under AS 12.63.010 and for information requests; the fee for registration                                  
20 shall be based on [UPON] the actual costs of performing the registration and                                        
21 maintaining the central registry but may not be set at a level whereby registration is                                  
22       discouraged; the fee for an information request may not be greater than $10;                                      
23 (4)  shall remove from the central registry of sex offenders and child                                                  
24       kidnappers under this section information about a sex offender or child kidnapper                                 
25 (A)  required to register under AS 12.63.020(a)(2) at the end of                                                    
26 the sex offender's or child kidnapper's duty to register if the offender or                                             
27 kidnapper has not been convicted of another sex offense or child kidnapping                                             
28 and the offender or kidnapper has supplied proof of unconditional discharge                                             
29            acceptable to the department;                                                                                
30 (B)  who has successfully petitioned the Department of                                                              
31 Public Safety to be removed from the central registry of sex offenders and                                          
01            child kidnappers under AS 12.63.010(g) [IN THIS PARAGRAPH, "SEX                                          
02            OFFENSE" AND "CHILD KIDNAPPING" HAVE THE MEANINGS GIVEN                                                      
03            IN AS 12.63.100].                                                                                            
04    * Sec. 50. AS 18.65.087 is amended by adding a new subsection to read:                                             
05            (j)  In this section, "sex offense" and "child kidnapping" have the meanings                                 
06       given in AS 12.63.100.                                                                                            
07    * Sec. 51. AS 28.35.030(k) is amended to read:                                                                     
08            (k)  Imprisonment required under (b)(1)(A) of this section shall be served at a                          
09       community residential center or by electronic monitoring at a private residence                               
10 under AS 33.30.065. If a community residential center or electronic monitoring at a                             
11 private residence is not available, imprisonment required under (b)(1)(A) of this                                   
12 section may [SHALL] be served at another appropriate place [A PRIVATE                                           
13 RESIDENCE BY OTHER MEANS] determined by the commissioner of corrections.                                                
14 [A PERSON WHO IS SERVING A SENTENCE OF IMPRISONMENT REQUIRED                                                            
15 UNDER (b)(1)(A) OF THIS SECTION BY ELECTRONIC MONITORING AT A                                                           
16 PRIVATE RESIDENCE MAY NOT BE SUBJECT TO A SEARCH OF THE                                                                 
17 PERSON'S DWELLING BY A PEACE OFFICER OR A PERSON REQUIRED TO                                                            
18 ADMINISTER THE ELECTRONIC MONITORING UNDER AS 33.30.065(a),                                                             
19 EXCEPT UPON PROBABLE CAUSE.] Imprisonment required under (b)(1)(B) - (F)                                                
20 of this section may be served at a community residential center or at a private                                         
21 residence if approved by the commissioner of corrections. Imprisonment served at a                                      
22 private residence must include electronic monitoring under AS 33.30.065 [OR, IF                                         
23 ELECTRONIC MONITORING IS NOT AVAILABLE, BY OTHER MEANS AS                                                               
24 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of                                                             
25 imprisonment resulting from the sentence imposed under (b)(1) of this section shall be                                  
26 paid to the state by the person being sentenced. The cost of imprisonment required to                                   
27 be paid under this subsection may not exceed $2,000. Upon the person's conviction,                                      
28 the court shall include the costs of imprisonment as a part of the judgment of                                          
29 conviction. Except for reimbursement from a permanent fund dividend as provided in                                      
30 this subsection, payment of the cost of imprisonment is not required if the court                                       
31 determines the person is indigent. For costs of imprisonment that are not paid by the                                   
01 person as required by this subsection, the state shall seek reimbursement from the                                      
02 person's permanent fund dividend as provided under AS 43.23.140. A person                                               
03 sentenced under (b)(1)(B) of this section shall perform at least 160 hours of                                           
04 community service work, as required by the director of the community residential                                        
05 center or other appropriate place, or as required by the commissioner of corrections if                                 
06 the sentence is being served at a private residence. In this subsection, "appropriate                                   
07 place" means a facility with 24-hour on-site staff supervision that is specifically                                     
08 adapted to provide a residence, and includes a correctional center, residential treatment                               
09 facility, hospital, halfway house, group home, work farm, work camp, or other place                                     
10       that provides varying levels of restriction.                                                                      
11    * Sec. 52. AS 28.35.030(o) is amended to read:                                                                     
12 (o)  Upon request, the department shall review a driver's license revocation                                            
13 imposed under (n)(3) of this section and, unless the revocation was ordered in a                                    
14 case in which the person was also convicted of a crime under AS 11.41.100 -                                         
15       11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction,                                    
16                 (1)  may restore the driver's license if                                                                
17 (A)  the license has been revoked for a period of at least 10                                                           
18            years;                                                                                                       
19 (B)  the person has not been convicted of a [DRIVING-                                                                   
20 RELATED] criminal offense in the 10 years preceding the request for                                                 
21            restoration of [SINCE] the license [WAS REVOKED]; and                                                    
22                      (C)  the person provides proof of financial responsibility;                                        
23                 (2)  shall restore the driver's license if                                                              
24 (A)  the person has been granted limited license privileges                                                             
25 under AS 28.15.201(g) and has successfully driven under that limited license                                            
26            for three years without having the limited license privileges revoked;                                       
27 (B)  the person has successfully completed a court-ordered                                                              
28 treatment program under AS 28.35.028 or a rehabilitative treatment program                                              
29            under AS 28.15.201(h);                                                                                       
30 (C)  the person has not been convicted of a violation of                                                                
31 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another                                              
01            jurisdiction since the license was revoked;                                                                  
02 (D)  the person is otherwise eligible to have the person's driving                                                      
03 privileges restored as provided in AS 28.15.211; in an application under this                                           
04 subsection, a person whose license was revoked for a violation of                                                       
05 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as                                                 
06            required under AS 28.35.030(h) or 28.35.032(l); and                                                          
07                      (E)  the person provides proof of financial responsibility.                                        
08    * Sec. 53. AS 28.35.032(o) is amended to read:                                                                     
09            (o)  Imprisonment required under (g)(1)(A) of this section shall be served at a                              
10 community residential center, or if a community residential center [PRIVATE                                         
11 RESIDENCE BY ELECTRONIC MONITORING UNDER AS 33.30.065. IF                                                               
12 ELECTRONIC MONITORING] is not available, at another appropriate place                                               
13 [IMPRISONMENT UNDER (g)(1)(A) OF THIS SECTION SHALL BE SERVED                                                           
14 AT A PRIVATE RESIDENCE BY OTHER MEANS AS] determined by the                                                             
15 commissioner of corrections. [A PERSON WHO IS SERVING A SENTENCE OF                                                     
16 IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS SECTION BY                                                                
17 ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY NOT BE                                                                 
18 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE                                                                 
19 OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC                                                               
20 MONITORING UNDER AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE.]                                                          
21 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a                                          
22 community residential center or at a private residence if approved by the                                               
23 commissioner of corrections. Imprisonment served at a private residence must include                                    
24 electronic monitoring under AS 33.30.065 [OR, IF ELECTRONIC MONITORING IS                                               
25 NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS AS DETERMINED                                                             
26 BY THE COMMISSIONER OF CORRECTIONS]. The cost of imprisonment                                                           
27 resulting from the sentence imposed under (g)(1) of this section shall be paid to the                                   
28 state by the person being sentenced. The cost of imprisonment required to be paid                                       
29 under this subsection may not exceed $2,000. Upon the person's conviction, the court                                    
30 shall include the costs of imprisonment as a part of the judgment of conviction. Except                                 
31 for reimbursement from a permanent fund dividend as provided in this subsection,                                        
01 payment of the cost of imprisonment is not required if the court determines the person                                  
02 is indigent. For costs of imprisonment that are not paid by the person as required by                                   
03 this subsection, the state shall seek reimbursement from the person's permanent fund                                    
04 dividend as provided under AS 43.23.140. A person sentenced under (g)(1)(B) of this                                     
05 section shall perform at least 160 hours of community service work, as required by the                                  
06 director of the community residential center or other appropriate place, or as required                                 
07 by the commissioner of corrections if the sentence is being served at a private                                         
08 residence. In this subsection, "appropriate place" means a facility with 24-hour on-site                                
09 staff supervision that is specifically adapted to provide a residence, and includes a                                   
10 correctional center, residential treatment facility, hospital, halfway house, group home,                               
11       work farm, work camp, or other place that provides varying levels of restriction.                                 
12    * Sec. 54. AS 28.35.032(q) is amended to read:                                                                     
13 (q)  Upon request, the department shall review a driver's license revocation                                            
14 imposed under (p)(3) of this section and, unless the revocation was ordered in a                                    
15 case in which the person was also convicted of a crime under AS 11.41.100 -                                         
16 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, may                                      
17       restore the driver's license if                                                                                   
18                 (1)  the license has been revoked for a period of at least 10 years;                                    
19 (2)  the person has not been convicted of a criminal offense in the 10                                              
20 years preceding the request for restoration of [SINCE] the license [WAS                                             
21       REVOKED]; and                                                                                                     
22                 (3)  the person provides proof of financial responsibility.                                             
23    * Sec. 55. AS 33.30.011(a) is amended to read:                                                                     
24            (a)  The commissioner shall                                                                                  
25 (1)  establish, maintain, operate, and control correctional facilities                                                  
26 suitable for the custody, care, and discipline of persons charged or convicted of                                       
27 offenses against the state or held under authority of state law; each correctional facility                             
28 operated by the state shall be established, maintained, operated, and controlled in a                                   
29       manner that is consistent with AS 33.30.015;                                                                      
30                 (2)  classify prisoners;                                                                                
31 (3)  for persons committed to the custody of the commissioner,                                                          
01       establish programs, including furlough programs that are reasonably calculated to                                 
02                      (A)  protect the public and the victims of crimes committed by                                     
03            prisoners;                                                                                                   
04                      (B)  maintain health;                                                                              
05                      (C)  create or improve occupational skills;                                                        
06                      (D)  enhance educational qualifications;                                                           
07                      (E)  support court-ordered restitution; and                                                        
08                      (F)  otherwise provide for the rehabilitation and reformation of                                   
09            prisoners, facilitating their reintegration into society;                                                    
10                 (4)  provide necessary                                                                                  
11 (A)  medical services for prisoners in correctional facilities or                                                       
12 who are committed by a court to the custody of the commissioner, including                                              
13            examinations for communicable and infectious diseases;                                                       
14 (B)  psychological or psychiatric treatment if a physician or                                                           
15 other health care provider, exercising ordinary skill and care at the time of                                           
16            observation, concludes that                                                                                  
17 (i)  a prisoner exhibits symptoms of a serious disease or                                                               
18                 injury that is curable or may be substantially alleviated; and                                          
19 (ii)  the potential for harm to the prisoner by reason of                                                               
20                 delay or denial of care is substantial; and                                                             
21 (C)  assessment or screening of the risks and needs of offenders                                                        
22 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal                                         
23 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based                                               
24            disorder;                                                                                                    
25 (5)  establish minimum standards for sex offender treatment programs                                                    
26       offered to persons who are committed to the custody of the commissioner;                                          
27 (6)  provide for fingerprinting in correctional facilities in accordance                                                
28       with AS 12.80.060;                                                                                                
29 (7)  establish a program to conduct assessments of the risks and needs                                                  
30 of offenders sentenced to serve a term of incarceration of 90 [30] days or more [AND                                
31 PROVIDE TO THE LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY                                                             
01 15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING THE FIRST                                                             
02 REGULAR SESSION OF EACH LEGISLATURE, A REPORT SUMMARIZING                                                               
03 THE FINDINGS AND RESULTS OF THE PROGRAM]; the program must include a                                                    
04 requirement for an assessment before a prisoner's release on parole, furlough, or                                       
05       electronic monitoring from a correctional facility;                                                               
06                 (8)  establish a procedure that provides for each prisoner required to                                  
07 serve an active term of imprisonment of 90 [30] days or more a written case plan that                               
08 (A)  takes effect and is provided to the prisoner within 90 days                                                    
09            after sentencing;                                                                                            
10 (B)  is based on the results of the assessment of the prisoner's                                                        
11            risks and needs under (7) of this subsection;                                                                
12 (C)  includes a requirement to follow the rules of the institution;                                                     
13 (D)  is modified when necessary for changes in classification,                                                          
14            housing status, medical or mental health, and resource availability;                                         
15 (E)  includes participation in programming that addresses the                                                           
16            needs identified in the assessment;                                                                          
17 (9)  establish a program to begin reentry planning with each prisoner                                                   
18 serving an active term of imprisonment of 90 days or more; reentry planning must                                        
19 begin at least 90 days before release on furlough or probation or parole; the reentry                                   
20       program must include                                                                                              
21 (A)  a written reentry plan for each prisoner completed upon                                                            
22 release on furlough or probation or parole that includes information on the                                             
23            prisoner's proposed                                                                                          
24                           (i)  residence;                                                                               
25                           (ii)  employment or alternative means of support;                                             
26                           (iii)  treatment options;                                                                     
27                           (iv)  counseling services;                                                                    
28                           (v)  education or job training services;                                                      
29 (B)  any other requirements for successful transition back to the                                                       
30 community, including electronic monitoring or furlough for the period between                                           
31            a scheduled parole hearing and parole eligibility;                                                           
01                      (C)  coordination with the Department of Labor and Workforce                                       
02            Development to provide access, after release, to job training and employment                                 
03            assistance; and                                                                                          
04                      (D)  coordination with community reentry coalitions or                                         
05            other providers of reentry services if available;                                                        
06                 (10)  for offenders under electronic monitoring, establish                                              
07                      (A)  minimum standards for electronic monitoring, which may                                        
08            include the requirement of active, real-time monitoring using global                                         
09            positioning systems; and                                                                                     
10 (B)  procedures for oversight and approving electronic                                                                  
11            monitoring programs and systems provided by private contractors; [AND]                                       
12 (11)  assist a prisoner in obtaining a valid state identification card if the                                           
13 prisoner does not have a valid state identification card before the prisoner's release; the                             
14       department shall pay the application fee for the identification card; and                                     
15 (12)  provide to the legislature, by electronic means, by January 10                                                
16 preceding the first regular session of each legislature, a report summarizing the                                   
17 findings and results of the program established under (7) of this subsection; the                                   
18       report must include                                                                                           
19 (A)  the number of prisoners who were provided with                                                                 
20            written case plans under (8) of this subsection;                                                         
21 (B)  the number of written case plans under (8) of this                                                             
22            subsection initiated within the preceding year; and                                                      
23 (C)  the number of written case plans under (8) of this                                                             
24            subsection that were updated in the preceding year.                                                      
25    * Sec. 56. AS 34.03.360(7) is amended to read:                                                                     
26 (7)  "illegal activity involving a controlled substance" means a violation                                              
27 of AS 11.71.010(a), 11.71.025, 11.71.030(a)(1), (2), or (4) - (8), or 11.71.040(a)(1),                              
28       (2), or (5);                                                                                                      
29    * Sec. 57. AS 44.19.647(a) is amended to read:                                                                     
30 (a)  The commission shall submit to the governor and the legislature an annual                                          
31       report. The report must include                                                                                   
01                 (1)  a description of its proceedings for the previous calendar year;                                   
02                 (2)  a summary of savings and recommendations on how savings from                                       
03       criminal justice reform should be reinvested to reduce recidivism;                                                
04                 (3)  performance metrics and outcomes from the recommendations the                                      
05 commission made in its December 2015 report, including recidivism rates, defined as                                     
06 (A)  the percentage of inmates who return to prison within three                                                        
07            years after release, broken down by offense type and risk level; and                                         
08                      (B)  the percentage of inmates who return to prison within three                                   
09            years after release for a new criminal conviction, broken down by offense type                               
10            and risk level; [AND]                                                                                        
11 (4)  recommendations for additional reforms, which may include                                                          
12       recommendations for legislative and administrative action; and                                                
13                 (5)  data reported by the Department of Law under AS 44.23.040.                                     
14    * Sec. 58. AS 44.23.020 is amended by adding a new subsection to read:                                             
15 (k)  The attorney general, in consultation with the commissioner of public                                              
16       safety, shall                                                                                                     
17 (1)  develop a tool to track felony sex offenses reported to the                                                        
18 Department of Public Safety by geographic location; the tracking tool must include a                                    
19 means to record the reason a reported offense was not referred for prosecution or, if                                   
20 referred, the reason the offense was not prosecuted and, if applicable, the reason a sex                                
21 offense charged as a felony resulted in a conviction of an offense other than a sex                                     
22       offense under a plea agreement;                                                                                   
23 (2)  develop regulations and procedures to implement the requirements                                                   
24       established under (1) of this subsection; and                                                                     
25 (3)  provide training for the implementation of the regulations and                                                     
26 procedures established under (2) of this subsection in each state department as                                         
27       necessary.                                                                                                        
28    * Sec. 59. AS 44.23.040 is amended by adding a new subsection to read:                                             
29 (b)  The Department of Law, in consultation with the Department of Public                                               
30 Safety, shall gather and report data on felony sex offenses to the Alaska Judicial                                      
31       Council. The data must include                                                                                    
01                 (1)  the number of felony sex offenses reported to the Department of                                    
02       Public Safety that were not referred for prosecution;                                                             
03                 (2)  the number of felony sex offenses referred for prosecution that                                    
04       were not prosecuted;                                                                                              
05                 (3)  the number of felony sex offenses that resulted in a conviction for a                              
06       crime other than a sex offense; and                                                                               
07                 (4)  the number of sex offenses referred for prosecution that were                                      
08       charged as a felony and, under a plea agreement, resulted in a conviction for a crime                             
09       other than a sex offense; and                                                                                     
10 (5)  the number of crime victims that participated in the prosecution of                                                
11       and court process relating to the offense in which the person was a victim.                                       
12    * Sec. 60. AS 44.41 is amended by adding a new section to read:                                                    
13 Sec. 44.41.065. Sexual assault examination kits. (a) When a law enforcement                                           
14       agency collects a sexual assault examination kit under AS 18.68.010, the agency shall                             
15 (1)  within 30 days after the agency collects the sexual assault                                                        
16 examination kit, send the sexual assault examination kit to an accredited laboratory in                                 
17 coordination with the Department of Public Safety or a laboratory operated by the                                       
18       Department of Public Safety;                                                                                      
19 (2)  ensure that the laboratory to which the sexual assault examination                                                 
20 kit is sent under (1) of this subsection conducts a serological or DNA test on the                                      
21 sexual assault examination kit within one year after the laboratory receives the sexual                                 
22       assault examination kit; and                                                                                      
23 (3)  within two weeks after the laboratory that receives the sexual                                                     
24 assault examination kit under (1) of this subsection completes serological or DNA                                       
25 testing, make a reasonable effort to notify the victim from whom the sexual assault                                     
26       examination kit was collected that the sexual assault examination kit has been tested.                            
27 (b)  A criminal action may not be dismissed nor the evidence deemed                                                     
28 nonadmissible for failure to be tested within the times established in (a)(1) and (2) of                                
29       this section.                                                                                                     
30 (c)  If a case is resolved before a sexual assault examination kit is tested, a law                                     
31 enforcement agency is not required to meet the time limits established in (a) of this                                   
01       section.                                                                                                          
02            (d)  In this section,                                                                                        
03                 (1)  "law enforcement agency" or "agency" has the meaning given to                                      
04       "law enforcement agency" in AS 12.36.090;                                                                         
05                 (2)  "victim" has the meaning given in AS 11.41.470.                                                    
06    * Sec. 61. AS 44.41.070(a) is amended to read:                                                                     
07 (a)  By September 1 of each year, each law enforcement agency and state                                                 
08 department charged with the maintenance, storage, and preservation of sexual assault                                    
09 examination kits shall conduct an inventory of untested sexual assault examination kits                                 
10 and report, in writing, to the Department of Public Safety the number of untested                                       
11 sexual assault examination kits in the possession of the agency or department, the                                  
12 number of sexual assault examination kits that the law enforcement agency or                                        
13 state department has determined is ineligible for testing under (e) of this section,                                
14 with the reason or reasons the untested sexual assault examination kits were                                        
15 determined to be ineligible for testing, and the date on which each untested sexual                                 
16       assault examination kit was collected.                                                                            
17    * Sec. 62. AS 44.41.070(b) is amended to read:                                                                     
18 (b)  By November 1 of each year, the Department of Public Safety shall                                                  
19 prepare and transmit a report to the president of the senate and the speaker of the                                     
20       house of representatives that contains                                                                            
21 (1)  the number of untested sexual assault examination kits stored by                                                   
22 each law enforcement agency or department and the number of sexual assault                                          
23 examination kits that the law enforcement agency or state department has                                            
24 determined is ineligible for testing under (e) of this section, with the reason or                                  
25 reasons the untested sexual assault examination kits were determined to be                                          
26       ineligible for testing;                                                                                       
27 (2)  the date each untested sexual assault examination kit was collected;                                               
28       and                                                                                                               
29 (3)  a plan for addressing the backlog and prevention of a backlog of                                                   
30       untested sexual assault examination kits.                                                                         
31    * Sec. 63. AS 44.41.070 is amended by adding a new subsection to read:                                             
01            (e)  A sexual assault examination kit is ineligible for testing if the law                                   
02       enforcement agency or state department finds that the sexual assault examination kit                            
03                 (1)  is scientifically unviable;                                                                        
04                 (2)  does not meet eligibility requirements for inclusion in the                                        
05       Combined DNA Index System database; or                                                                            
06                 (3)  was collected from a person who wishes to remain anonymous.                                      
07    * Sec. 64. AS 47.12.315(a) is amended to read:                                                                     
08            (a)  Notwithstanding AS 47.12.310 and except as otherwise provided in this                                   
09       section, the department shall disclose information to the public, on request, concerning                          
10 a minor subject to this chapter who was at least 13 years of age at the time of                                         
11       commission of                                                                                                     
12                 (1)  a felony offense against a person under AS 11.41;                                                  
13                 (2)  arson in the first or second degree;                                                               
14                 (3)  burglary in the first degree;                                                                      
15                 (4)  distribution of child pornography;                                                                 
16                 (5)  sex trafficking in the first degree;                                                               
17 (6)  misconduct involving a controlled substance in the first, [OR]                                                 
18       second, or third degrees involving distribution or possession with intent to deliver; or                      
19                 (7)  misconduct involving weapons in the first through fourth degrees.                                  
20    * Sec. 65. The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22 DIRECT COURT RULE AMENDMENT. Rule 6(r)(6), Alaska Rules of                                                              
23       Criminal Procedure, is amended to read:                                                                           
24 (6)  When a prior conviction is an element of an offense [IN A                                                      
25 PROSECUTION FOR DRIVING WHILE INTOXICATED UNDER AS 28.35.030(n)                                                         
26 OR FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST UNDER                                                                       
27 AS 28.35.032(p)], hearsay evidence received through the Alaska Public Safety                                            
28 Information Network or from other government agencies of prior convictions [OF                                          
29 DRIVING WHILE INTOXICATED OR REFUSAL TO SUBMIT TO A CHEMICAL                                                            
30       TEST] may be presented to the grand jury.                                                                         
31    * Sec. 66. AS 11.46.980(d), 11.46.982; and AS 12.55.135(l) are repealed.                                           
01    * Sec. 67. The uncodified law of the State of Alaska is amended by adding a new section to                         
02 read:                                                                                                                   
03       APPLICABILITY. (a) The following sections apply to offenses committed on or after                                 
04 the effective date of those sections:                                                                                   
05 (1)  AS 11.41.110(a), as amended by sec. 1 of this Act;                                                                 
06 (2)  AS 11.41.150(a), as amended by sec. 2 of this Act;                                                                 
07 (3)  AS 11.41.432(a), as amended by sec. 3 of this Act;                                                                 
08 (4)  AS 11.41.452(a), as amended by sec. 4 of this Act;                                                                 
09 (5)  AS 11.41.452(d), as amended by sec. 5 of this Act;                                                                 
10 (6)  AS 11.41.452(e), as amended by sec. 6 of this Act;                                                                 
11 (7)  AS 11.46.130(a), as amended by sec. 7 of this Act;                                                                 
12 (8)  AS 11.46.140(a), as amended by sec. 8 of this Act;                                                                 
13 (9)  AS 11.46.150(a), as amended by sec. 9 of this Act;                                                                 
14 (10)  AS 11.46.220(c), as amended by sec. 10 of this Act;                                                               
15 (11)  AS 11.46.260(b), as amended by sec. 11 of this Act;                                                               
16 (12)  AS 11.46.270(b), as amended by sec. 12 of this Act;                                                               
17 (13)  AS 11.46.280(d), as amended by sec. 13 of this Act;                                                               
18            (14)  AS 11.46.285, as amended by sec. 14 of this Act;                                                       
19            (15)  AS 11.46.295, as amended by sec. 15 of this Act;                                                       
20 (16)  AS 11.46.360(a), as amended by sec. 16 of this Act;                                                               
21            (17)  AS 11.46.370, enacted by sec. 17 of this Act;                                                          
22 (18)  AS 11.46.482(a), as amended by sec. 18 of this Act;                                                               
23 (19)  AS 11.46.484(a), as amended by sec. 19 of this Act;                                                               
24 (20)  AS 11.46.486(a), as amended by sec. 20 of this Act;                                                               
25 (21)  AS 11.46.530(b), as amended by sec. 21 of this Act;                                                               
26 (22)  AS 11.46.620(d), as amended by sec. 22 of this Act;                                                               
27 (23)  AS 11.46.730(c), as amended by sec. 23 of this Act;                                                               
28            (24)  AS 11.46.980(e), enacted by sec. 24 of this Act;                                                       
29 (25)  AS 11.56.810(a), as amended by sec. 25 of this Act;                                                               
30 (26)  AS 11.61.120(a), as amended by sec. 26 of this Act;                                                               
31            (27)  AS 11.71.025, enacted by sec. 27 of this Act;                                                          
01 (28)  AS 11.71.030(a), as amended by sec. 28 of this Act;                                                               
02            (29)  AS 11.71.030(d), as amended by sec. 29 of this Act;                                                    
03            (30)  AS 11.71.040(a), as amended by sec. 30 of this Act;                                                    
04            (31)  AS 11.71.040(d), as amended by sec. 31 of this Act;                                                    
05            (32)  AS 11.71.050, as amended by sec. 32 of this Act;                                                       
06            (33)  AS 11.71.060, as amended by sec. 33 of this Act;                                                       
07            (34)  AS 11.71.311(a), as amended by sec. 34 of this Act;                                                    
08            (35)  AS 12.55.015(l); enacted by sec. 35 of this Act;                                                       
09            (36)  AS 28.35.030(o), as amended by sec. 52 of this Act;                                                    
10            (37)  AS 28.35.032(q), as amended by sec. 54 of this Act.                                                    
11 (b)  The following sections apply to sentences imposed on or after the effective date of                                
12 those sections for conduct occurring on or after the effective date of those sections:                                  
13            (1)  AS 12.55.027(i), enacted by sec. 36 of this Act;                                                        
14            (2)  AS 12.55.125(d), as amended by sec. 37 of this Act;                                                     
15            (3)  AS 12.55.135(a), as amended by sec. 39 of this Act;                                                     
16 (4)  AS 12.55.135(b), as amended by sec. 40 of this Act;                                                                
17 (5)  AS 12.55.135(n), as amended by sec. 41 of this Act;                                                                
18 (6)  AS 28.35.030(k), as amended by sec. 51 of this Act;                                                                
19            (7)  AS 28.35.032(o), as amended by sec. 53 of this Act.                                                     
20 (c)  The following sections apply to the duty to register as a sex offender for offenses                                
21 committed on or after the effective date of those sections:                                                             
22            (1)  AS 12.63.010(d), as amended by sec. 45 of this Act;                                                     
23            (2)  AS 12.63.010(g), enacted by sec. 46 of this Act;                                                        
24            (3)  AS 12.63.020, as amended by sec. 47 of this Act;                                                        
25            (4)  AS 12.63.100(6), as amended by sec. 48 of this Act.                                                     
26    * Sec. 68. The uncodified law of the State of Alaska is amended by adding a new section to                         
27 read:                                                                                                                   
28 REPORT TO LEGISLATURE; COMMISSIONER OF CORRECTIONS. On or                                                               
29 before January 10, 2020, the commissioner of corrections shall provide a report to the                                  
30 legislature as described under AS 33.30.011(a)(12), enacted by sec. 55 of this Act. The                                 
31 commissioner shall submit the report to the senate secretary and chief clerk of the house of                            
01 representatives and notify the legislature that the report is available.                                                
02    * Sec. 69. The uncodified law of the State of Alaska is amended by adding a new section to                         
03 read:                                                                                                                   
04       CONDITIONAL EFFECT. Section 65 of this Act takes effect only if sec. 65 of this                                   
05 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                                   
06 Constitution of the State of Alaska.                                                                                    
07    * Sec. 70. This Act takes effect July 1, 2019.