HB 145: "An Act relating to crime and criminal procedure; establishing the crime of possession of motor vehicle theft tools; relating to controlled substances; relating to credit toward a sentence of imprisonment; relating to sentencing; relating to registration of sex offenders; relating to the definition of 'sex offender or child kidnapper'; 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; requiring law enforcement agencies to test sexual assault examination kits; requiring notification of completion of testing; relating to reports on untested sexual assault examination kits; and relating to public disclosure of information relating to certain minors."
00 HOUSE BILL NO. 145 01 "An Act relating to crime and criminal procedure; establishing the crime of possession 02 of motor vehicle theft tools; relating to controlled substances; relating to credit toward a 03 sentence of imprisonment; relating to sentencing; relating to registration of sex 04 offenders; relating to the definition of 'sex offender or child kidnapper'; relating to 05 operating under the influence; relating to refusal to submit to a chemical test; relating to 06 the duties of the commissioner of corrections; relating to the Alaska Criminal Justice 07 Commission; relating to the duties of the attorney general and the Department of Law; 08 requiring law enforcement agencies to test sexual assault examination kits; requiring 09 notification of completion of testing; relating to reports on untested sexual assault 10 examination kits; and relating to public disclosure of information relating to certain 11 minors." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 11.41.110(a) is amended to read: 02 (a) A person commits the crime of murder in the second degree if 03 (1) with intent to cause serious physical injury to another person or 04 knowing that the conduct is substantially certain to cause death or serious physical 05 injury to another person, the person causes the death of any person; 06 (2) the person knowingly engages in conduct that results in the death 07 of another person under circumstances manifesting an extreme indifference to the 08 value of human life; 09 (3) under circumstances not amounting to murder in the first degree 10 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 11 person commits or attempts to commit arson in the first degree, kidnapping, sexual 12 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 13 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 14 degree, escape in the first or second degree, robbery in any degree, or misconduct 15 involving a controlled substance under AS 11.71.010(a), 11.71.025, 11.71.030(a)(1), 16 (2), or (4) - (8), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that 17 crime or in immediate flight from that crime, any person causes the death of a person 18 other than one of the participants; 19 (4) acting with a criminal street gang, the person commits or attempts 20 to commit a crime that is a felony and, in the course of or in furtherance of that crime 21 or in immediate flight from that crime, any person causes the death of a person other 22 than one of the participants; or 23 (5) the person with criminal negligence causes the death of a child 24 under the age of 16, and the person has been previously convicted of a crime involving 25 a child under the age of 16 that was 26 (A) a felony violation of AS 11.41; 27 (B) in violation of a law or ordinance in another jurisdiction 28 with elements similar to a felony under AS 11.41; or 29 (C) an attempt, a solicitation, or a conspiracy to commit a 30 crime listed in (A) or (B) of this paragraph. 31 * Sec. 2. AS 11.41.150(a) is amended to read:
01 (a) A person commits the crime of murder of an unborn child if the person 02 (1) with intent to cause the death of an unborn child or of another 03 person, causes the death of an unborn child; 04 (2) with intent to cause serious physical injury to an unborn child or to 05 another person or knowing that the conduct is substantially certain to cause death or 06 serious physical injury to an unborn child or to another person, causes the death of an 07 unborn child; 08 (3) while acting alone or with one or more persons, commits or 09 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 10 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 11 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 12 first or second degree, robbery in any degree, or misconduct involving a controlled 13 substance under AS 11.71.010(a), 11.71.025, 11.71.030(a)(1), (2), or (4) - (8), or 14 11.71.040(a)(1) or (2), and, in the course of or in furtherance of that crime or in 15 immediate flight from that crime, any person causes the death of an unborn child; 16 (4) knowingly engages in conduct that results in the death of an unborn 17 child under circumstances manifesting an extreme indifference to the value of human 18 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 19 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 20 does not constitute conduct manifesting an extreme indifference to the value of human 21 life. 22 * Sec. 3. AS 11.41.432(a) is amended to read: 23 (a) It is a defense to a crime charged under [AS 11.41.410(a)(3), 24 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, OR 11.41.427 THAT THE OFFENDER 25 IS] 26 (1) AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, 27 or 11.41.427 that the offender is mentally incapable; or 28 (2) AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3)(A), 29 11.41.425(a)(1)(A), 11.41.425(a)(2) - (6), or 11.41.427 that the offender is married 30 to the person and neither party has filed with the court for a separation, divorce, or 31 dissolution of the marriage.
01 * Sec. 4. AS 11.46.130(a) is amended to read: 02 (a) A person commits the crime of theft in the second degree if the person 03 commits theft as defined in AS 11.46.100 and 04 (1) the value of the property or services [, ADJUSTED FOR 05 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 06 $25,000; 07 (2) the property is a firearm or explosive; 08 (3) the property is taken from the person of another; 09 (4) the property is taken from a vessel and is vessel safety or survival 10 equipment; 11 (5) the property is taken from an aircraft and the property is aircraft 12 safety or survival equipment; 13 (6) the value of the property [, ADJUSTED FOR INFLATION AS 14 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the 15 preceding five years, the person has been convicted and sentenced on two or more 16 separate occasions in this or another jurisdiction of 17 (A) an offense under AS 11.46.120, or an offense under 18 another law or ordinance with similar elements; 19 (B) a crime set out in this subsection or an offense under 20 another law or ordinance with similar elements; 21 (C) an offense under AS 11.46.140(a)(1), or an offense under 22 another law or ordinance with similar elements; or 23 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 24 offense under another law or ordinance with similar elements; or 25 (7) the property is an access device or identification document. 26 * Sec. 5. AS 11.46.140(a) is amended to read: 27 (a) A person commits the crime of theft in the third degree if the person 28 commits theft as defined in AS 11.46.100 and 29 (1) the value of the property or services [, ADJUSTED FOR 30 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 31 or
01 (2) [REPEALED] 02 (3) [REPEALED] 03 (4) the value of the property is less than $250 and, within the preceding 04 five years, the person has been convicted and sentenced on three or more separate 05 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 06 offense under another law or ordinance with similar elements. 07 * Sec. 6. AS 11.46.150(a) is amended to read: 08 (a) A person commits the crime of theft in the fourth degree if the person 09 commits theft as defined in AS 11.46.100 and the value of the property or services [, 10 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 11 * Sec. 7. AS 11.46.220(c) is amended to read: 12 (c) Concealment of merchandise is 13 (1) a class C felony if 14 (A) the merchandise is a firearm; 15 (B) the value of the merchandise [, ADJUSTED FOR 16 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or 17 (C) the value of the merchandise [, ADJUSTED FOR 18 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 19 $750 and, within the preceding five years, the person has been convicted and 20 sentenced on two or more separate occasions in this or another jurisdiction of 21 (i) the offense of concealment of merchandise under 22 this paragraph or (2)(A) of this subsection, or an offense under another 23 law or ordinance with similar elements; or 24 (ii) an offense under AS 11.46.120, 11.46.130, or 25 11.46.140(a)(1), or an offense under another law or ordinance with 26 similar elements; 27 (2) a class A misdemeanor if 28 (A) the value of the merchandise [, ADJUSTED FOR 29 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 30 $750; or 31 (B) [REPEALED]
01 (C) the value of the merchandise is less than $250 and, within 02 the preceding five years, the person has been convicted and sentenced on three 03 or more separate occasions of the offense of concealment of merchandise or 04 theft in any degree, or an offense under another law or ordinance with similar 05 elements; 06 (3) a class B misdemeanor if the value of the merchandise [, 07 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 08 * Sec. 8. AS 11.46.260(b) is amended to read: 09 (b) Removal of identification marks is 10 (1) a class C felony if the value of the property on which the serial 11 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 12 PROVIDED IN AS 11.46.982,] is $750 or more; 13 (2) a class A misdemeanor if the value of the property on which the 14 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 15 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 16 (3) a class B misdemeanor if the value of the property on which the 17 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 18 PROVIDED IN AS 11.46.982,] is less than $250. 19 * Sec. 9. AS 11.46.270(b) is amended to read: 20 (b) Unlawful possession is 21 (1) a class C felony if the value of the property on which the serial 22 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 23 PROVIDED IN AS 11.46.982,] is $750 or more; 24 (2) a class A misdemeanor if the value of the property on which the 25 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 26 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 27 (3) a class B misdemeanor if the value of the property on which the 28 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 29 PROVIDED IN AS 11.46.982,] is less than $250. 30 * Sec. 10. AS 11.46.280(d) is amended to read: 31 (d) Issuing a bad check is
01 (1) a class B felony if the face amount of the check is $25,000 or more; 02 (2) a class C felony if the face amount of the check [, ADJUSTED 03 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 04 $25,000; 05 (3) a class A misdemeanor if the face amount of the check [, 06 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more 07 but less than $750; 08 (4) a class B misdemeanor if the face amount of the check [, 09 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 10 * Sec. 11. AS 11.46.285 is amended to read: 11 Sec. 11.46.285. Fraudulent use of an access device or identification 12 document. (a) A person commits the crime of fraudulent use of an access device or 13 identification document if, with intent to defraud, the person uses an access device or 14 identification document to obtain property or services with knowledge that 15 (1) the access device or identification document is stolen or forged; 16 (2) the access device or identification document is expired or has 17 been revoked or cancelled; or 18 (3) for any other reason, that person's use of the access device or 19 identification document is unauthorized by either the issuer or the person to whom 20 the access device or identification document is issued. 21 (b) Fraudulent use of an access device or identification document is 22 (1) a class B felony if the value of the property or services obtained is 23 $25,000 or more; 24 (2) a class C felony if the value of the property or services obtained [, 25 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $75 [$750] or 26 more but less than $25,000; 27 (3) a class A misdemeanor if the value of the property or services 28 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 29 than $75 [$750]. 30 * Sec. 12. AS 11.46.295 is amended to read: 31 Sec. 11.46.295. Prior convictions. For purposes of considering prior
01 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 02 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 03 AS 11.46.220(c), 04 (1) a conviction for an offense under another law or ordinance with 05 similar elements is a conviction of an offense having elements similar to those of an 06 offense defined as such under Alaska law at the time the offense was committed; 07 (2) a conviction for an offense under Alaska law where the value of the 08 property or services for the offense was lower than the value of property or services 09 for the offense under current Alaska law is a prior conviction for that offense; and 10 (3) the court shall consider the date of a prior conviction as occurring 11 on the date that sentence is imposed for the prior offense. 12 * Sec. 13. AS 11.46.360(a) is amended to read: 13 (a) A person commits the crime of vehicle theft in the first degree if, having 14 no right to do so or any reasonable ground to believe the person has such a right, the 15 person drives, tows away, or takes 16 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 17 of another; 18 (2) the propelled vehicle of another and 19 (A) the vehicle or any other property of another is damaged in a 20 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 21 AS 11.46.982,] of $750 or more; 22 (B) the owner incurs reasonable expenses as a result of the loss 23 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 24 PROVIDED IN AS 11.46.982,] of $750 or more; or 25 (C) the owner is deprived of the use of the vehicle for seven 26 days or more; 27 (3) the propelled vehicle of another and the vehicle is marked as a 28 police or emergency vehicle; or 29 (4) the propelled vehicle of another and, within the preceding seven 30 years, the person was convicted under 31 (A) this section or AS 11.46.365;
01 (B) former AS 11.46.482(a)(4) or (5); 02 (C) former AS 11.46.484(a)(2); 03 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 04 of a propelled vehicle; or 05 (E) a law or ordinance of this or another jurisdiction with 06 elements substantially similar to those of an offense described in (A) - (D) of 07 this paragraph. 08 * Sec. 14. AS 11.46 is amended by adding a new section to article 3 to read: 09 Sec. 11.46.370. Possession of motor vehicle theft tools. (a) A person commits 10 the crime of possession of motor vehicle theft tools if the person possesses a motor 11 vehicle theft tool with intent to use or permit use of the tool in the commission of 12 vehicle theft. 13 (b) In this section, 14 (1) "altered or shaved key" means a key altered by cutting, filing, or 15 other means to fit multiple vehicles or vehicles other than vehicles for which the key 16 was originally manufactured; 17 (2) "motor vehicle theft tool" includes a slim jim, master key, altered 18 or shaved key, trial or jiggler key, lock puller, electronic unlocking device, or similar 19 device adapted or designed for use in committing vehicle theft; 20 (3) "trial or jiggler key" means a key designed or altered to manipulate 21 a vehicle locking mechanism other than the lock for which the key was originally 22 manufactured. 23 (c) Possession of motor vehicle theft tools is a class A misdemeanor. 24 * Sec. 15. AS 11.46.482(a) is amended to read: 25 (a) A person commits the crime of criminal mischief in the third degree if, 26 having no right to do so or any reasonable ground to believe the person has such a 27 right, 28 (1) with intent to damage property of another, the person damages 29 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 30 IN AS 11.46.982,] of $750 or more; 31 (2) the person recklessly creates a risk of damage in an amount
01 exceeding $100,000 to property of another by the use of widely dangerous means; or 02 (3) the person knowingly 03 (A) defaces, damages, or desecrates a cemetery or the contents 04 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 05 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 06 memorial appears to be abandoned, lost, or neglected; 07 (B) removes human remains or associated burial artifacts from 08 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 09 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 10 * Sec. 16. AS 11.46.484(a) is amended to read: 11 (a) A person commits the crime of criminal mischief in the fourth 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 intent to damage property of another, the person damages 15 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 16 IN AS 11.46.982,] of $250 or more but less than $750; 17 (2) the person tampers with a fire protection device in a building that is 18 a public place; 19 (3) the person knowingly accesses a computer, computer system, 20 computer program, computer network, or part of a computer system or network; 21 (4) the person uses a device to descramble an electronic signal that has 22 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 23 device is used only to descramble signals received directly from a satellite or unless 24 the person owned the device before September 18, 1984; or 25 (5) the person knowingly removes, relocates, defaces, alters, obscures, 26 shoots at, destroys, or otherwise tampers with an official traffic control device or 27 damages the work on a highway under construction. 28 * Sec. 17. AS 11.46.486(a) is amended to read: 29 (a) A person commits the crime of criminal mischief in the fifth degree if, 30 having no right to do so or any reasonable ground to believe the person has such a 31 right,
01 (1) with reckless disregard for the risk of harm to or loss of the 02 property or with intent to cause substantial inconvenience to another, the person 03 tampers with property of another; 04 (2) with intent to damage property of another, the person damages 05 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 06 IN AS 11.46.982,] less than $250; or 07 (3) the person rides in a propelled vehicle and, with criminal 08 negligence, disregards the fact that it has been stolen or that it is being used in 09 violation of AS 11.46.360 or 11.46.365(a)(1). 10 * Sec. 18. AS 11.46.530(b) is amended to read: 11 (b) Criminal simulation is 12 (1) a class C felony if the value of what the object purports to represent 13 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or 14 more; 15 (2) a class A misdemeanor if the value of what the object purports to 16 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 17 $250 or more but less than $750; 18 (3) a class B misdemeanor if the value of what the object purports to 19 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 20 than $250. 21 * Sec. 19. AS 11.46.620(d) is amended to read: 22 (d) Misapplication of property is 23 (1) a class C felony if the value of the property misapplied [, 24 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; 25 (2) a class A misdemeanor if the value of the property misapplied [, 26 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750. 27 * Sec. 20. AS 11.46.730(c) is amended to read: 28 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 29 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR 30 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the 31 defendant's conduct, in which case defrauding secured creditors is
01 (1) a class B felony if the loss is $25,000 or more; 02 (2) a class C felony if the loss [, ADJUSTED FOR INFLATION AS 03 PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000. 04 * Sec. 21. AS 11.46.980 is amended by adding a new subsection to read: 05 (e) In determining the degree or classification of a crime under this chapter, if 06 the combined value of the property or services taken from one or more persons or 07 commercial establishments within a period of 180 days is $750 or more but less than 08 $25,000, the value may be aggregated. 09 * Sec. 22. AS 11.56.810(a) is amended to read: 10 (a) A person commits the crime of terroristic threatening in the second degree 11 if the person knowingly communicates a threat [MAKES A FALSE REPORT 12 THAT A CIRCUMSTANCE] 13 (1) to commit a crime against a person or property with reckless 14 disregard of the risk of [DANGEROUS TO HUMAN LIFE EXISTS OR IS ABOUT 15 TO EXIST AND] 16 (A) causing the [A PERSON IS PLACED IN REASONABLE 17 FEAR OF PHYSICAL INJURY TO ANY PERSON; (B) CAUSES] 18 evacuation of a building, public place or area, business premises, or mode of 19 public transportation; 20 (B) causing [(C) CAUSES] serious public inconvenience; or 21 (C) placing the public or a substantial group of the public 22 in fear of serious injury [(D) THE REPORT CLAIMS THAT A 23 BACTERIOLOGICAL, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 24 SUBSTANCE THAT IS CAPABLE OF CAUSING SERIOUS PHYSICAL 25 INJURY HAS BEEN SENT OR IS PRESENT IN A BUILDING, PUBLIC 26 PLACE OR AREA, BUSINESS PREMISES, OR MODE OF PUBLIC 27 TRANSPORTATION]; or 28 (2) that a circumstance exists or is about to exist that is dangerous to 29 the proper or safe functioning of an oil or gas pipeline or supporting facility, utility, or 30 transportation or cargo facility; in this paragraph, "oil or gas pipeline or supporting 31 facility" and "utility" have the meanings given in AS 11.46.495.
01 * Sec. 23. AS 11.61.123(a) is amended to read: 02 (a) A person commits the crime of indecent viewing or production of a 03 picture [PHOTOGRAPHY] if, in the state, the person knowingly 04 (1) views, or views [PRODUCES] a picture of, the private exposure of 05 the genitals, anus, or female breast of another person and the viewing occurs [VIEW 06 OR PRODUCTION IS] without the knowledge or consent of 07 (A) [(1)] the parent or guardian of the person viewed, or who is 08 shown in the picture, if the person who is viewed or shown is under 16 years of 09 age; or 10 (B) [AND (2)] the person viewed or shown in the picture, if the 11 person viewed or shown is at least 16 [13] years of age; or 12 (2) produces a picture of the private exposure of the genitals, anus, 13 or female breast of another person and the production occurs without the 14 knowledge or consent of 15 (A) the parent or guardian of the person shown in the 16 picture if the person shown is under 16 years of age; or 17 (B) the person shown in the picture if the person shown is 18 at least 16 years of age. 19 * Sec. 24. AS 11.61.123(c) is amended to read: 20 (c) This section does not apply to the viewing or production of a picture 21 [PHOTOGRAPHY] conducted by a law enforcement agency for a law enforcement 22 purpose. 23 * Sec. 25. AS 11.61.123(d) is amended to read: 24 (d) In a prosecution under this section, it is an affirmative defense that the 25 viewing or production of a picture [PHOTOGRAPHY] was conducted as a security 26 surveillance system, notice of the viewing or production [PHOTOGRAPHY] was 27 posted, and any viewing or use of pictures produced is done only in the interest of 28 crime prevention or prosecution. 29 * Sec. 26. AS 11.61.123(f) is amended to read: 30 (f) Indecent viewing or production of a picture [PHOTOGRAPHY] is a 31 (1) class B felony if the person violates (a)(2) of this section and the
01 person shown in the picture was, at the time of the production of the picture, a 02 minor; 03 (2) [(1)] class C felony if the person 04 (A) violates (a)(1) of this section and the person viewed 05 (i) [OR SHOWN IN A PICTURE] was, at the time of 06 the viewing [OR PRODUCTION OF THE PICTURE], a minor; 07 (ii) in a picture was, at the time of the production of 08 the picture, a minor; or 09 (B) violates (a)(2) of this section and the person shown in a 10 picture was, at the time of the production of the picture, an adult; 11 (3) [(2)] class A misdemeanor if the person violates (a)(1) of this 12 section and the person viewed 13 (A) [OR SHOWN IN A PICTURE] was, at the time of the 14 viewing [OR PRODUCTION OF THE PICTURE], an adult; or 15 (B) in a picture was, at the time of the production of the 16 picture, an adult. 17 * Sec. 27. AS 11.61.123 is amended by adding a new subsection to read: 18 (g) It is a defense to a crime charged under this section that 19 (1) the acts occurred as part of the normal caretaker responsibilities for 20 a child, interactions with a child, or affection for a child; or 21 (2) the offender performed the acts for the purpose of administering a 22 recognized and lawful form of treatment that is reasonably adapted to promoting the 23 physical or mental health of the person being treated. 24 * Sec. 28. AS 11.71 is amended by adding a new section to read: 25 Sec. 11.71.025. Misconduct involving a controlled substance in the second 26 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 27 misconduct involving a controlled substance in the second degree if the person 28 manufactures or delivers, or possesses with intent to manufacture or deliver, 29 (1) one or more preparations, compounds, mixtures, or substances of 30 an aggregate weight of 100 grams or more containing a schedule IA controlled 31 substance;
01 (2) 200 or more tablets, ampules, or syrettes containing a schedule IA 02 controlled substance; 03 (3) one or more preparations, compounds, mixtures, or substances of 04 an aggregate weight of 200 grams or more containing a schedule IIA controlled 05 substance; or 06 (4) 400 or more tablets, ampules, or syrettes containing a schedule IIA 07 controlled substance. 08 (b) Misconduct involving a controlled substance in the second degree is a 09 class A felony. 10 * Sec. 29. AS 11.71.030(a) is amended to read: 11 (a) Except as authorized in AS 17.30, a person commits the crime of 12 misconduct involving a controlled substance in the third [SECOND] degree if the 13 person 14 (1) manufactures or delivers, or possesses with intent to manufacture 15 or deliver, 16 (A) one or more preparations, compounds, mixtures, or 17 substances of an aggregate weight of one gram or more but less than 100 18 grams containing a schedule IA controlled substance; 19 (B) 25 or more but less than 200 tablets, ampules, or syrettes 20 containing a schedule IA controlled substance; 21 (C) one or more preparations, compounds, mixtures, or 22 substances of an aggregate weight of 23 (i) 2.5 grams or more but less than 200 grams 24 containing a schedule IIA controlled substance; 25 (ii) 2.5 grams or more containing a schedule [OR] 26 IIIA controlled substance; or 27 (D) 50 or more 28 (i) but less than 400 tablets, ampules, or syrettes 29 containing a schedule IIA controlled substance; 30 (ii) tablets, ampules, or syrettes containing a 31 schedule [OR] IIIA controlled substance;
01 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 02 substance to a person under 19 years of age who is at least three years younger than 03 the person delivering the substance; 04 (3) possesses any amount of a schedule IA or IIA controlled substance 05 (A) with reckless disregard that the possession occurs 06 (i) on or within 500 feet of school grounds; or 07 (ii) at or within 500 feet of a recreation or youth center; 08 or 09 (B) on a school bus; 10 (4) manufactures any material, compound, mixture, or preparation that 11 contains 12 (A) methamphetamine, or its salts, isomers, or salts of isomers; 13 or 14 (B) an immediate precursor of methamphetamine, or its salts, 15 isomers, or salts of isomers; 16 (5) possesses an immediate precursor of methamphetamine, or the 17 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 18 with the intent to manufacture any material, compound, mixture, or preparation that 19 contains methamphetamine, or its salts, isomers, or salts of isomers; 20 (6) possesses a listed chemical with intent to manufacture any material, 21 compound, mixture, or preparation that contains 22 (A) methamphetamine, or its salts, isomers, or salts of isomers; 23 or 24 (B) an immediate precursor of methamphetamine, or its salts, 25 isomers, or salts of isomers; 26 (7) possesses methamphetamine in an organic solution with intent to 27 extract from it methamphetamine or its salts, isomers, or salts of isomers; or 28 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 29 delivers 30 (A) an immediate precursor of methamphetamine, or the salts, 31 isomers, or salts of isomers of the immediate precursor of methamphetamine,
01 to another person with reckless disregard that the precursor will be used to 02 manufacture any material, compound, mixture, or preparation that contains 03 methamphetamine, or its salts, isomers, or salts of isomers; or 04 (B) a listed chemical to another person with reckless disregard 05 that the listed chemical will be used to manufacture any material, compound, 06 mixture, or preparation that contains 07 (i) methamphetamine, or its salts, isomers, or salts of 08 isomers; 09 (ii) an immediate precursor of methamphetamine, or its 10 salts, isomers, or salts of isomers; or 11 (iii) methamphetamine or its salts, isomers, or salts of 12 isomers in an organic solution. 13 * Sec. 30. AS 11.71.030(d) is amended to read: 14 (d) Misconduct involving a controlled substance in the third [SECOND] 15 degree is a class B felony. 16 * Sec. 31. AS 11.71.040(a) is amended to read: 17 (a) Except as authorized in AS 17.30, a person commits the crime of 18 misconduct involving a controlled substance in the fourth [THIRD] degree if the 19 person 20 (1) manufactures or delivers any amount of a schedule IVA or VA 21 controlled substance or possesses any amount of a schedule IVA or VA controlled 22 substance with intent to manufacture or deliver; 23 (2) manufactures or delivers, or possesses with the intent to 24 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 25 of an aggregate weight of one ounce or more containing a schedule VIA controlled 26 substance; 27 (3) possesses any amount of a schedule IA controlled substance listed 28 in AS 11.71.140(e); 29 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 30 (A) with reckless disregard that the possession occurs 31 (i) on or within 500 feet of school grounds; or
01 (ii) at or within 500 feet of a recreation or youth center; 02 or 03 (B) on a school bus; 04 (5) knowingly keeps or maintains any store, shop, warehouse, 05 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 06 keeping or distributing controlled substances in violation of a felony offense under this 07 chapter or AS 17.30; 08 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 09 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 10 mark, imprint, or device of another or any likeness of any of these on a drug, drug 11 container, or labeling so as to render the drug a counterfeit substance; 12 (7) knowingly uses in the course of the manufacture or distribution of a 13 controlled substance a registration number that is fictitious, revoked, suspended, or 14 issued to another person; 15 (8) knowingly furnishes false or fraudulent information in or omits 16 material information from any application, report, record, or other document required 17 to be kept or filed under AS 17.30; 18 (9) obtains possession of a controlled substance by misrepresentation, 19 fraud, forgery, deception, or subterfuge; 20 (10) affixes a false or forged label to a package or other container 21 containing any controlled substance; [OR] 22 (11) manufactures or delivers, or possesses with the intent to 23 manufacture or deliver, 24 (A) one or more preparations, compounds, mixtures, or 25 substances of an aggregate weight of less than one gram containing a schedule 26 IA controlled substance; 27 (B) less than 25 tablets, ampules, or syrettes containing a 28 schedule IA controlled substance; 29 (C) one or more preparations, compounds, mixtures, or 30 substances of an aggregate weight of less than 2.5 grams containing a schedule 31 IIA or IIIA controlled substance; or
01 (D) less than 50 tablets, ampules, or syrettes containing a 02 schedule IIA or IIIA controlled substance; or 03 (12) under circumstances not proscribed under AS 11.71.030(a)(3) 04 or (3) of this subsection, possesses any amount of a schedule IA or IIA controlled 05 substance and has been previously convicted on two or more separate occasions 06 of a crime under 07 (A) this paragraph; 08 (B) AS 11.71.050(a)(4); or 09 (C) a law or ordinance of this or another jurisdiction with 10 elements similar to a crime listed under (A) or (B) of this paragraph. 11 * Sec. 32. AS 11.71.040(d) is amended to read: 12 (d) Misconduct involving a controlled substance in the fourth [THIRD] 13 degree is a class C felony. 14 * Sec. 33. AS 11.71.050 is amended to read: 15 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth 16 [FOURTH] degree. (a) Except as authorized in AS 17.30, a person commits the 17 crime of misconduct involving a controlled substance in the fifth [FOURTH] degree if 18 the person 19 (1) manufactures or delivers, or possesses with the intent to 20 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 21 of an aggregate weight of less than one ounce containing a schedule VIA controlled 22 substance; 23 (2) [REPEALED] 24 (3) fails to make, keep, or furnish any record, notification, order form, 25 statement, invoice, or information required under AS 17.30; or 26 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 27 11.71.040(a)(3), (4), or (12) [11.71.040(a)(4)], or 11.71.060(a)(2), possesses any 28 amount of a schedule IA, IIA, IIIA, IVA, VA, or VIA controlled substance. 29 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 30 degree is a class A misdemeanor. 31 * Sec. 34. AS 11.71.060 is amended to read:
01 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth 02 [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of 03 misconduct involving a controlled substance in the sixth [FIFTH] degree if the person 04 (1) uses or displays any amount of a schedule VIA controlled 05 substance; 06 (2) possesses one or more preparations, compounds, mixtures, or 07 substances of an aggregate weight of 08 (A) less than one ounce containing a schedule VIA controlled 09 substance; 10 (B) six grams or less containing a schedule IIIA controlled 11 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 12 otherwise applied to tobacco, an herb, or another organic material; or 13 (3) refuses entry into premises [A PREMISE] for an inspection 14 authorized under AS 17.30. 15 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 16 is a class B misdemeanor. 17 * Sec. 35. AS 11.71.311(a) is amended to read: 18 (a) A person may not be prosecuted for a violation of AS 11.71.025(a), 19 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) [AS 11.71.030(a)(3), 11.71.040(a)(3) 20 OR (4)], 11.71.050(a)(4), or 11.71.060(a)(1) or (2) if that person 21 (1) sought, in good faith, medical or law enforcement assistance for 22 another person who the person reasonably believed was experiencing a drug overdose 23 and 24 (A) the evidence supporting the prosecution for an offense 25 under AS 11.71.025(a), 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) 26 [AS 11.71.030(a)(3), 11.71.040(a)(3) OR (4)], 11.71.050(a)(4), or 27 11.71.060(a)(1) or (2) was obtained or discovered as a result of the person 28 seeking medical or law enforcement assistance; 29 (B) the person remained at the scene with the other person until 30 medical or law enforcement assistance arrived; and 31 (C) the person cooperated with medical or law enforcement
01 personnel, including by providing identification; 02 (2) was experiencing a drug overdose and sought medical assistance, 03 and the evidence supporting a prosecution for an offense under AS 11.71.025(a), 04 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) [AS 11.71.030(a)(3), 11.71.040(a)(3) 05 OR (4)], 11.71.050(a)(4), or 11.71.060(a)(1) or (2) was obtained as a result of the 06 overdose and the need for medical assistance. 07 * Sec. 36. AS 12.55.027 is amended by adding a new subsection to read: 08 (i) A court may grant credit under this section for time spent in a treatment 09 program or under electronic monitoring only if the court finds that the sentence, 10 including any credit toward the sentence of imprisonment, meets the requirements of 11 AS 12.55.005. 12 * Sec. 37. AS 12.55.125(d) is amended to read: 13 (d) Except as provided in (i) of this section, a defendant convicted of a class B 14 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 15 and shall be sentenced to a definite term within the following presumptive ranges, 16 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 17 (1) if the offense is a first felony conviction and does not involve 18 circumstances described in (2) or 3 of this subsection, 90 days [ZERO] to two years; a 19 defendant sentenced under this paragraph may, if the court finds it appropriate, be 20 granted a suspended imposition of sentence under AS 12.55.085; 21 (2) if the offense is a first felony conviction, the defendant violated 22 AS 11.41.130, and the victim was 23 (A) a child under 16 years of age, two to four years; or 24 (B) was 16 years of age or older, one to three years; 25 (3) if the offense is a first felony conviction under 26 AS 11.71.030(a)(4), (5), (6), (7), or (8) for manufacture or possession with intent 27 to manufacture a controlled substance that is listed in AS 11.71.150(e)(2) and 28 (A) the manufacture or possession with intent to 29 manufacture occurred in a building with reckless disregard that the 30 building was used as a permanent or temporary home or place of lodging 31 for one or more children under 18 years of age, or a place frequented by
01 children, two to four years; or 02 (B) in the course of manufacturing, the defendant obtained 03 the assistance of one or more children under 18 years of age, or one or 04 more children were present, two to four years; 05 (4) [(3)] if the offense is a second felony conviction, two to five years; 06 (5) [(4)] if the offense is a third felony conviction, four to 10 years. 07 * Sec. 38. AS 12.55.125(i) is amended to read: 08 (i) A defendant convicted of 09 (1) sexual assault in the first degree, sexual abuse of a minor in the 10 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 11 sentenced to a definite term of imprisonment of not more than 99 years and shall be 12 sentenced to a definite term within the following presumptive ranges, subject to 13 adjustment as provided in AS 12.55.155 - 12.55.175: 14 (A) if the offense is a first felony conviction, the offense does 15 not involve circumstances described in (B) of this paragraph, and the victim 16 was 17 (i) less than 13 years of age, 25 to 35 years; 18 (ii) 13 years of age or older, 20 to 30 years; 19 (B) if the offense is a first felony conviction and the defendant 20 possessed a firearm, used a dangerous instrument, or caused serious physical 21 injury during the commission of the offense, 25 to 35 years; 22 (C) if the offense is a second felony conviction and does not 23 involve circumstances described in (D) of this paragraph, 30 to 40 years; 24 (D) if the offense is a second felony conviction and the 25 defendant has a prior conviction for a sexual felony, 35 to 45 years; 26 (E) if the offense is a third felony conviction and the defendant 27 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 28 to 60 years; 29 (F) if the offense is a third felony conviction, the defendant is 30 not subject to sentencing under (l) of this section, and the defendant has two 31 prior convictions for sexual felonies, 99 years;
01 (2) unlawful exploitation of a minor under AS 11.41.455(c)(2), online 02 enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to 03 commit sexual assault in the first degree, sexual abuse of a minor in the first degree, or 04 sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a 05 definite term of imprisonment of not more than 99 years and shall be sentenced to a 06 definite term within the following presumptive ranges, subject to adjustment as 07 provided in AS 12.55.155 - 12.55.175: 08 (A) if the offense is a first felony conviction, the offense does 09 not involve circumstances described in (B) of this paragraph, and the victim 10 was 11 (i) under 13 years of age, 20 to 30 years; 12 (ii) 13 years of age or older, 15 to 30 years; 13 (B) if the offense is a first felony conviction and the defendant 14 possessed a firearm, used a dangerous instrument, or caused serious physical 15 injury during the commission of the offense, 25 to 35 years; 16 (C) if the offense is a second felony conviction and does not 17 involve circumstances described in (D) of this paragraph, 25 to 35 years; 18 (D) if the offense is a second felony conviction and the 19 defendant has a prior conviction for a sexual felony, 30 to 40 years; 20 (E) if the offense is a third felony conviction, the offense does 21 not involve circumstances described in (F) of this paragraph, and the defendant 22 is not subject to sentencing under (l) of this section, 35 to 50 years; 23 (F) if the offense is a third felony conviction, the defendant is 24 not subject to sentencing under (l) of this section, and the defendant has two 25 prior convictions for sexual felonies, 99 years; 26 (3) sexual assault in the second degree, sexual abuse of a minor in the 27 second degree, online enticement of a minor under AS 11.41.452(d), unlawful 28 exploitation of a minor under AS 11.41.455(c)(1), indecent viewing or production of 29 a picture under AS 11.61.123(f)(1), or distribution of child pornography under 30 AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not more 31 than 99 years and shall be sentenced to a definite term within the following
01 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 02 (A) if the offense is a first felony conviction, five to 15 years; 03 (B) if the offense is a second felony conviction and does not 04 involve circumstances described in (C) of this paragraph, 10 to 25 years; 05 (C) if the offense is a second felony conviction and the 06 defendant has a prior conviction for a sexual felony, 15 to 30 years; 07 (D) if the offense is a third felony conviction and does not 08 involve circumstances described in (E) of this paragraph, 20 to 35 years; 09 (E) if the offense is a third felony conviction and the defendant 10 has two prior convictions for sexual felonies, 99 years; 11 (4) sexual assault in the third degree, incest, indecent exposure in the 12 first degree, indecent viewing or production of a picture under AS 11.61.123(f)(2), 13 possession of child pornography, distribution of child pornography under 14 AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in 15 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation 16 of a minor, or distribution of child pornography, may be sentenced to a definite term 17 of imprisonment of not more than 99 years and shall be sentenced to a definite term 18 within the following presumptive ranges, subject to adjustment as provided in 19 AS 12.55.155 - 12.55.175: 20 (A) if the offense is a first felony conviction, two to 12 years; 21 (B) if the offense is a second felony conviction and does not 22 involve circumstances described in (C) of this paragraph, eight to 15 years; 23 (C) if the offense is a second felony conviction and the 24 defendant has a prior conviction for a sexual felony, 12 to 20 years; 25 (D) if the offense is a third felony conviction and does not 26 involve circumstances described in (E) of this paragraph, 15 to 25 years; 27 (E) if the offense is a third felony conviction and the defendant 28 has two prior convictions for sexual felonies, 99 years. 29 * Sec. 39. AS 12.55.135(a) is amended to read: 30 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 31 definite term of imprisonment of not more than
01 (1) one year, if the 02 (A) conviction is for a crime with a mandatory minimum term 03 of 30 days or more of active imprisonment; 04 (B) trier of fact finds the aggravating factor that the conduct 05 constituting the offense was among the most serious conduct included in the 06 definition of the offense; 07 (C) defendant has past criminal convictions for conduct 08 violative of criminal laws, punishable as felonies or misdemeanors, similar in 09 nature to the offense for which the defendant is being sentenced; 10 (D) conviction is for an assault in the fourth degree under 11 AS 11.41.230; or 12 (E) conviction is for a violation of 13 (i) AS 11.41.427; 14 (ii) AS 11.41.440; 15 (iii) AS 11.41.460, if the indecent exposure is before a 16 person under 16 years of age; 17 (iv) AS 11.61.116(c)(2); or 18 (v) AS 11.61.118(a)(2); 19 (2) 90 [30] days. 20 * Sec. 40. AS 12.55.135(b) is amended to read: 21 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 22 definite term of imprisonment of not more than 23 (1) 30 [10] days unless otherwise specified in the provision of law 24 defining the offense or in this section; 25 (2) 90 days if the conviction is for a violation of 26 (A) AS 11.61.116(c)(1) and the person is 21 years of age or 27 older; or 28 (B) AS 11.61.120(a)(6) and the person is 21 years of age or 29 older; or 30 (3) five days if the conviction is for a violation of AS 11.56.757. 31 * Sec. 41. AS 12.55.135(n) is amended to read:
01 (n) A court sentencing a person convicted of misconduct involving a 02 controlled substance in the fifth [FOURTH] degree under AS 11.71.050(a)(4) or 03 misconduct involving a controlled substance in the sixth [FIFTH] degree under 04 AS 11.71.060(a)(2) may not impose 05 (1) a sentence of active imprisonment, unless the person has previously 06 been convicted more than once of an offense under AS 11.71 or a law of this or 07 another jurisdiction with elements substantially similar to an offense under AS 11.71; 08 or 09 (2) a sentence of suspended imprisonment greater than 10 (A) 30 days, if the defendant has not been previously convicted 11 of an offense under AS 11.71 or a law of this or another jurisdiction with 12 elements substantially similar to an offense under AS 11.71; or 13 (B) 180 days, if the person has been previously convicted of an 14 offense under AS 11.71 or a law of this or another jurisdiction with elements 15 substantially similar to an offense under AS 11.71. 16 * Sec. 42. AS 12.55.185(16) is amended to read: 17 (16) "sexual felony" means sexual assault in the first degree, sexual 18 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 19 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation 20 of a minor, indecent viewing or production of a picture under AS 11.61.123(f)(1) 21 or (2), distribution of child pornography, sexual assault in the third degree, incest, 22 indecent exposure in the first degree, possession of child pornography, online 23 enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 24 crimes; 25 * Sec. 43. AS 12.63.010(d) is amended to read: 26 (d) A sex offender or child kidnapper required to register 27 (1) for 15 years under (a) of this section and AS 12.63.020 28 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under 29 AS 12.63.020, on a date set by the department at the time of the sex offender's or child 30 kidnapper's initial registration, provide written verification to the department, in the 31 manner required by the department, of the sex offender's or child kidnapper's address
01 and notice of any changes to the information previously provided under (b)(1) of this 02 section; 03 (2) for life under (a) of this section and AS 12.63.020 04 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department, 05 provide written verification to the department, in the manner required by the 06 department, of the sex offender's or child kidnapper's address and any changes to the 07 information previously provided under (b)(1) of this section. 08 * Sec. 44. AS 12.63.010 is amended by adding a new subsection to read: 09 (g) Notwithstanding the requirement to register under this section, a sex 10 offender or child kidnapper, as that term is defined in AS 12.63.100(6)(B), may 11 petition the department for removal from the central registry of sex offenders and child 12 kidnappers and to be exempt from the registration requirements under this section. The 13 department shall grant the petition if the petitioner submits proof acceptable to the 14 department that the facts underlying the conviction in another jurisdiction do not 15 constitute a sex offense or child kidnapping in this state. When the petition is granted, 16 the department shall remove from the central registry information about the sex 17 offender or child kidnapper as provided in AS 18.65.087(d)(4). 18 * Sec. 45. AS 12.63.020 is amended to read: 19 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to 20 register. (a) The duty of a sex offender or child kidnapper to comply with the 21 requirements of AS 12.63.010 is as follows: 22 (1) for a sex offender or child kidnapper, as that term is defined in 23 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 24 (A) [(1)] continues for the lifetime of a sex offender or child 25 kidnapper convicted of 26 (i) [(A)] one aggravated sex offense; or 27 (ii) [(B)] two or more sex offenses, two or more child 28 kidnappings, or one sex offense and one child kidnapping; for purposes 29 of this section, a person convicted of indecent exposure before a person 30 under 16 years of age under AS 11.41.460 more than two times has 31 been convicted of two or more sex offenses;
01 (B) [(2)] ends 15 years following the sex offender's or child 02 kidnapper's unconditional discharge from a conviction for a single sex offense 03 that is not an aggravated sex offense or for a single child kidnapping if the sex 04 offender or child kidnapper has supplied proof that is acceptable to the 05 department of the unconditional discharge; the registration period under this 06 subparagraph 07 (i) [PARAGRAPH (A)] is tolled for each year that a sex 08 offender or child kidnapper [(i)] fails to comply with the requirements 09 of this chapter or [; (ii)] is incarcerated for the offense or kidnapping 10 for which the offender or kidnapper is required to register or for any 11 other offense; 12 (ii) [(B)] may include the time a sex offender or child 13 kidnapper was absent from this state if the sex offender or child 14 kidnapper has complied with any sex offender or child kidnapper 15 registration requirements of the jurisdiction in which the offender or 16 kidnapper was located and if the sex offender or child kidnapper 17 provides the department with proof of the compliance while the sex 18 offender or child kidnapper was absent from this state; and 19 (iii) [(C)] continues for a sex offender or child 20 kidnapper who has not supplied proof acceptable to the department of 21 the offender's or kidnapper's unconditional discharge for the sex 22 offense or child kidnapping requiring registration; 23 (2) for a sex offender or child kidnapper, as that term is defined in 24 AS 12.63.100(6)(B), the duty continues for the period determined by the 25 department under (b) of this section. 26 (b) The department shall adopt, by regulation, 27 (1) procedures to notify a sex offender or child kidnapper 28 (A) who, on the registration form under AS 12.63.010, lists a 29 conviction for a sex offense or child kidnapping that is a violation of a former 30 law of this state or a law of another jurisdiction, of the duration of the 31 offender's or kidnapper's duty under (a) of this section for that sex offense or
01 child kidnapping; 02 (B) as that term is defined in AS 12.63.100(6)(B), of the 03 duration of the sex offender or child kidnapper's duty under (a) of this 04 section and of the procedure to petition for removal from the central 05 registry; in adopting regulations under this subparagraph, the 06 department shall 07 (i) consider the period of registration required in the 08 other jurisdiction; and 09 (ii) provide for tolling of the registration period if 10 the sex offender or child kidnapper fails to comply with the 11 requirements of this chapter or is incarcerated; 12 (2) a requirement that an [. AS A PART OF THE REGULATIONS, 13 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply 14 proof acceptable to the department of unconditional discharge and the date it occurred; 15 (3) procedures to remove a sex offender or child kidnapper, as that 16 term is defined in AS 12.63.100(6)(B), from the central registry of sex offenders 17 and child kidnappers. 18 * Sec. 46. AS 12.63.100(6) is amended to read: 19 (6) "sex offender or child kidnapper" means 20 (A) a person convicted of a sex offense or child kidnapping in 21 this state or another jurisdiction regardless of whether the conviction occurred 22 before, after, or on January 1, 1999; 23 (B) a person charged and convicted as an adult of an 24 offense that requires registration as a sex offender or child kidnapper in 25 another jurisdiction; 26 * Sec. 47. AS 18.65.087(d) is amended to read: 27 (d) The Department of Public Safety 28 (1) shall adopt regulations to 29 (A) allow a sex offender or child kidnapper to review sex 30 offender or child kidnapper registration information that refers to that sex 31 offender or child kidnapper, and if the sex offender or child kidnapper believes
01 the information is inaccurate or incomplete, to request the department to 02 correct the information; if the department finds the information is inaccurate or 03 incomplete, the department shall correct or supplement the information; 04 (B) ensure the appropriate circulation to law enforcement 05 agencies of information contained in the central registry; 06 (C) ensure the anonymity of members of the public who 07 request information under this section; 08 (2) shall provide to the Department of Corrections and municipal 09 police departments the forms and directions necessary to allow sex offenders and child 10 kidnappers to comply with AS 12.63.010; 11 (3) may adopt regulations to establish fees to be charged for 12 registration under AS 12.63.010 and for information requests; the fee for registration 13 shall be based on [UPON] the actual costs of performing the registration and 14 maintaining the central registry but may not be set at a level whereby registration is 15 discouraged; the fee for an information request may not be greater than $10; 16 (4) shall remove from the central registry of sex offenders and child 17 kidnappers under this section information about a sex offender or child kidnapper 18 (A) required to register under AS 12.63.020(a)(2) at the end of 19 the sex offender's or child kidnapper's duty to register if the offender or 20 kidnapper has not been convicted of another sex offense or child kidnapping 21 and the offender or kidnapper has supplied proof of unconditional discharge 22 acceptable to the department; 23 (B) who has successfully petitioned the Department of 24 Public Safety to be removed from the central registry of sex offenders and 25 child kidnappers under AS 12.63.010(g) [IN THIS PARAGRAPH, "SEX 26 OFFENSE" AND "CHILD KIDNAPPING" HAVE THE MEANINGS GIVEN 27 IN AS 12.63.100]. 28 * Sec. 48. AS 18.65.087 is amended by adding a new subsection to read: 29 (j) In this section, "sex offense" and "child kidnapping" have the meanings 30 given in AS 12.63.100. 31 * Sec. 49. AS 28.35.030(o) is amended to read:
01 (o) Upon request, the department shall review a driver's license revocation 02 imposed under (n)(3) of this section and, unless the revocation was ordered in a 03 case in which the person was also convicted of a crime under AS 11.41.100 - 04 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, 05 (1) may restore the driver's license if 06 (A) the license has been revoked for a period of at least 10 07 years; 08 (B) the person has not been convicted of a [DRIVING- 09 RELATED] criminal offense in the 10 years preceding the request for 10 restoration of [SINCE] the license [WAS REVOKED]; and 11 (C) the person provides proof of financial responsibility; 12 (2) shall restore the driver's license if 13 (A) the person has been granted limited license privileges 14 under AS 28.15.201(g) and has successfully driven under that limited license 15 for three years without having the limited license privileges revoked; 16 (B) the person has successfully completed a court-ordered 17 treatment program under AS 28.35.028 or a rehabilitative treatment program 18 under AS 28.15.201(h); 19 (C) the person has not been convicted of a violation of 20 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 21 jurisdiction since the license was revoked; 22 (D) the person is otherwise eligible to have the person's driving 23 privileges restored as provided in AS 28.15.211; in an application under this 24 subsection, a person whose license was revoked for a violation of 25 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as 26 required under AS 28.35.030(h) or 28.35.032(l); and 27 (E) the person provides proof of financial responsibility. 28 * Sec. 50. AS 28.35.032(q) is amended to read: 29 (q) Upon request, the department shall review a driver's license revocation 30 imposed under (p)(3) of this section and, unless the revocation was ordered in a 31 case in which the person was also convicted of a crime under AS 11.41.100 -
01 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, may 02 restore the driver's license if 03 (1) the license has been revoked for a period of at least 10 years; 04 (2) the person has not been convicted of a criminal offense in the 10 05 years preceding the request for restoration of [SINCE] the license [WAS 06 REVOKED]; and 07 (3) the person provides proof of financial responsibility. 08 * Sec. 51. AS 33.30.011(a) is amended to read: 09 (a) The commissioner shall 10 (1) establish, maintain, operate, and control correctional facilities 11 suitable for the custody, care, and discipline of persons charged or convicted of 12 offenses against the state or held under authority of state law; each correctional facility 13 operated by the state shall be established, maintained, operated, and controlled in a 14 manner that is consistent with AS 33.30.015; 15 (2) classify prisoners; 16 (3) for persons committed to the custody of the commissioner, 17 establish programs, including furlough programs that are reasonably calculated to 18 (A) protect the public and the victims of crimes committed by 19 prisoners; 20 (B) maintain health; 21 (C) create or improve occupational skills; 22 (D) enhance educational qualifications; 23 (E) support court-ordered restitution; and 24 (F) otherwise provide for the rehabilitation and reformation of 25 prisoners, facilitating their reintegration into society; 26 (4) provide necessary 27 (A) medical services for prisoners in correctional facilities or 28 who are committed by a court to the custody of the commissioner, including 29 examinations for communicable and infectious diseases; 30 (B) psychological or psychiatric treatment if a physician or 31 other health care provider, exercising ordinary skill and care at the time of
01 observation, concludes that 02 (i) a prisoner exhibits symptoms of a serious disease or 03 injury that is curable or may be substantially alleviated; and 04 (ii) the potential for harm to the prisoner by reason of 05 delay or denial of care is substantial; and 06 (C) assessment or screening of the risks and needs of offenders 07 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 08 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 09 disorder; 10 (5) establish minimum standards for sex offender treatment programs 11 offered to persons who are committed to the custody of the commissioner; 12 (6) provide for fingerprinting in correctional facilities in accordance 13 with AS 12.80.060; 14 (7) establish a program to conduct assessments of the risks and needs 15 of offenders sentenced to serve a term of incarceration of 90 [30] days or more [AND 16 PROVIDE TO THE LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY 17 15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING THE FIRST 18 REGULAR SESSION OF EACH LEGISLATURE, A REPORT SUMMARIZING 19 THE FINDINGS AND RESULTS OF THE PROGRAM]; the program must include a 20 requirement for an assessment before a prisoner's release on parole, furlough, or 21 electronic monitoring from a correctional facility; 22 (8) establish a procedure that provides for each prisoner required to 23 serve an active term of imprisonment of 90 [30] days or more a written case plan that 24 (A) takes effect and is provided to the prisoner within 90 days 25 after sentencing; 26 (B) is based on the results of the assessment of the prisoner's 27 risks and needs under (7) of this subsection; 28 (C) includes a requirement to follow the rules of the institution; 29 (D) is modified when necessary for changes in classification, 30 housing status, medical or mental health, and resource availability; 31 (E) includes participation in programming that addresses the
01 needs identified in the assessment; 02 (9) establish a program to begin reentry planning with each prisoner 03 serving an active term of imprisonment of 90 days or more; reentry planning must 04 begin at least 90 days before release on furlough or probation or parole; the reentry 05 program must include 06 (A) a written reentry plan for each prisoner completed upon 07 release on furlough or probation or parole that includes information on the 08 prisoner's proposed 09 (i) residence; 10 (ii) employment or alternative means of support; 11 (iii) treatment options; 12 (iv) counseling services; 13 (v) education or job training services; 14 (B) any other requirements for successful transition back to the 15 community, including electronic monitoring or furlough for the period between 16 a scheduled parole hearing and parole eligibility; 17 (C) coordination with the Department of Labor and Workforce 18 Development to provide access, after release, to job training and employment 19 assistance; and 20 (D) coordination with community reentry coalitions or 21 other providers of reentry services if available; 22 (10) for offenders under electronic monitoring, establish 23 (A) minimum standards for electronic monitoring, which may 24 include the requirement of active, real-time monitoring using global 25 positioning systems; and 26 (B) procedures for oversight and approving electronic 27 monitoring programs and systems provided by private contractors; [AND] 28 (11) assist a prisoner in obtaining a valid state identification card if the 29 prisoner does not have a valid state identification card before the prisoner's release; the 30 department shall pay the application fee for the identification card; and 31 (12) provide to the legislature, by electronic means, by January 10
01 preceding the first regular session of each legislature, a report summarizing the 02 findings and results of the program established under (7) of this subsection; the 03 report must include 04 (A) the number of prisoners who were provided with 05 written case plans under (8) of this subsection; 06 (B) the number of written case plans under (8) of this 07 subsection initiated within the preceding year; and 08 (C) the number of written case plans under (8) of this 09 subsection that were updated in the preceding year. 10 * Sec. 52. AS 34.03.360(7) is amended to read: 11 (7) "illegal activity involving a controlled substance" means a violation 12 of AS 11.71.010(a), 11.71.025, 11.71.030(a)(1), (2), or (4) - (8), or 11.71.040(a)(1), 13 (2), or (5); 14 * Sec. 53. AS 44.19.647(a) is amended to read: 15 (a) The commission shall submit to the governor and the legislature an annual 16 report. The report must include 17 (1) a description of its proceedings for the previous calendar year; 18 (2) a summary of savings and recommendations on how savings from 19 criminal justice reform should be reinvested to reduce recidivism; 20 (3) performance metrics and outcomes from the recommendations the 21 commission made in its December 2015 report, including recidivism rates, defined as 22 (A) the percentage of inmates who return to prison within three 23 years after release, broken down by offense type and risk level; and 24 (B) the percentage of inmates who return to prison within three 25 years after release for a new criminal conviction, broken down by offense type 26 and risk level; [AND] 27 (4) recommendations for additional reforms, which may include 28 recommendations for legislative and administrative action; and 29 (5) data reported by the Department of Law under AS 44.23.040. 30 * Sec. 54. AS 44.23.020 is amended by adding a new subsection to read: 31 (k) The attorney general, in consultation with the commissioner of public
01 safety, shall 02 (1) develop a tool to track felony sex offenses reported to the 03 Department of Public Safety by geographic location; the tracking tool must include a 04 means to record the reason a reported offense was not referred for prosecution or, if 05 referred, the reason the offense was not prosecuted and, if applicable, the reason a sex 06 offense charged as a felony resulted in a conviction of an offense other than a sex 07 offense under a plea agreement; 08 (2) develop regulations and procedures to implement the requirements 09 established under (1) of this subsection; and 10 (3) provide training for the implementation of the regulations and 11 procedures established under (2) of this subsection in each state department as 12 necessary. 13 * Sec. 55. AS 44.23.040 is amended by adding a new subsection to read: 14 (b) The Department of Law, in consultation with the Department of Public 15 Safety, shall gather and report data on felony sex offenses to the Alaska Judicial 16 Council. The data must include 17 (1) the number of felony sex offenses reported to the Department of 18 Public Safety that were not referred for prosecution; 19 (2) the number of felony sex offenses referred for prosecution that 20 were not prosecuted; 21 (3) the number of felony sex offenses that resulted in a conviction for a 22 crime other than a sex offense; and 23 (4) the number of sex offenses referred for prosecution that were 24 charged as a felony and, under a plea agreement, resulted in a conviction for a crime 25 other than a sex offense. 26 * Sec. 56. AS 44.41 is amended by adding a new section to read: 27 Sec. 44.41.065. Sexual assault examination kits. (a) When a law enforcement 28 agency collects a sexual assault examination kit under AS 18.68.010, the agency shall 29 (1) within 30 days after the agency collects the sexual assault 30 examination kit, send the sexual assault examination kit to an accredited laboratory in 31 coordination with the Department of Public Safety or a laboratory operated by the
01 Department of Public Safety; 02 (2) ensure that the laboratory to which the sexual assault examination 03 kit is sent under (1) of this subsection conducts a serological or DNA test on the 04 sexual assault examination kit within one year after the laboratory receives the sexual 05 assault examination kit; and 06 (3) within two weeks after the laboratory that receives the sexual 07 assault examination kit under (1) of this subsection completes serological or DNA 08 testing, make a reasonable effort to notify the victim from whom the sexual assault 09 examination kit was collected that the sexual assault examination kit has been tested. 10 (b) A criminal action may not be dismissed nor the evidence deemed 11 nonadmissible for failure to be tested within the times established in (a)(1) and (2) of 12 this section. 13 (c) If a case is resolved before a sexual assault examination kit is tested, a law 14 enforcement agency is not required to meet the time limits established in (a) of this 15 section. 16 (d) In this section, 17 (1) "law enforcement agency" or "agency" has the meaning given to 18 "law enforcement agency" in AS 12.36.090; 19 (2) "victim" has the meaning given in AS 11.41.470. 20 * Sec. 57. AS 44.41.070(a) is amended to read: 21 (a) By September 1 of each year, each law enforcement agency and state 22 department charged with the maintenance, storage, and preservation of sexual assault 23 examination kits shall conduct an inventory of untested sexual assault examination kits 24 and report, in writing, to the Department of Public Safety the number of untested 25 sexual assault examination kits in the possession of the agency or department, the 26 number of sexual assault examination kits that the law enforcement agency or 27 state department has determined is ineligible for testing under (e) of this section, 28 with the reason or reasons the untested sexual assault examination kits were 29 determined to be ineligible for testing, and the date on which each untested sexual 30 assault examination kit was collected. 31 * Sec. 58. AS 44.41.070(b) is amended to read:
01 (b) By November 1 of each year, the Department of Public Safety shall 02 prepare and transmit a report to the president of the senate and the speaker of the 03 house of representatives that contains 04 (1) the number of untested sexual assault examination kits stored by 05 each law enforcement agency or department and the number of sexual assault 06 examination kits that the law enforcement agency or state department has 07 determined is ineligible for testing under (e) of this section, with the reason or 08 reasons the untested sexual assault examination kits were determined to be 09 ineligible for testing; 10 (2) the date each untested sexual assault examination kit was collected; 11 and 12 (3) a plan for addressing the backlog and prevention of a backlog of 13 untested sexual assault examination kits. 14 * Sec. 59. AS 44.41.070 is amended by adding a new subsection to read: 15 (e) A sexual assault examination kit is ineligible for testing if the law 16 enforcement agency or state department finds that the sexual assault examination kit 17 (1) is scientifically unviable; 18 (2) does not meet eligibility requirements for inclusion in the 19 Combined DNA Index System database; or 20 (3) was collected from a person who wishes to remain anonymous. 21 * Sec. 60. AS 47.12.315(a) is amended to read: 22 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 23 section, the department shall disclose information to the public, on request, concerning 24 a minor subject to this chapter who was at least 13 years of age at the time of 25 commission of 26 (1) a felony offense against a person under AS 11.41; 27 (2) arson in the first or second degree; 28 (3) burglary in the first degree; 29 (4) distribution of child pornography; 30 (5) sex trafficking in the first degree; 31 (6) misconduct involving a controlled substance in the first, [OR]
01 second, or third degrees involving distribution or possession with intent to deliver; or 02 (7) misconduct involving weapons in the first through fourth degrees. 03 * Sec. 61. AS 11.46.980(d) and 11.46.982 are repealed. 04 * Sec. 62. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. (a) The following sections apply to offenses committed on or after 07 the effective date of those sections: 08 (1) AS 11.41.110(a), as amended by sec. 1 of this Act; 09 (2) AS 11.41.150(a), as amended by sec. 2 of this Act; 10 (3) AS 11.41.432(a), as amended by sec. 3 of this Act; 11 (4) AS 11.46.130(a), as amended by sec. 4 of this Act; 12 (5) AS 11.46.140(a), as amended by sec. 5 of this Act; 13 (6) AS 11.46.150(a), as amended by sec. 6 of this Act; 14 (7) AS 11.46.220(c), as amended by sec. 7 of this Act; 15 (8) AS 11.46.260(b), as amended by sec. 8 of this Act; 16 (9) AS 11.46.270(b), as amended by sec. 9 of this Act; 17 (10) AS 11.46.280(d), as amended by sec. 10 of this Act; 18 (11) AS 11.46.285, as amended by sec. 11 of this Act; 19 (12) AS 11.46.295, as amended by sec. 12 of this Act; 20 (13) AS 11.46.360(a), as amended by sec. 13 of this Act; 21 (14) AS 11.46.370, enacted by sec. 14 of this Act; 22 (15) AS 11.46.482(a), as amended by sec. 15 of this Act; 23 (16) AS 11.46.484(a), as amended by sec. 16 of this Act; 24 (17) AS 11.46.486(a), as amended by sec. 17 of this Act; 25 (18) AS 11.46.530(b), as amended by sec. 18 of this Act; 26 (19) AS 11.46.620(d), as amended by sec. 19 of this Act; 27 (20) AS 11.46.730(c), as amended by sec. 20 of this Act; 28 (21) AS 11.46.980(e), enacted by sec. 21 of this Act; 29 (22) AS 11.56.810(a), as amended by sec. 22 of this Act; 30 (23) AS 11.61.123(a), as amended by sec 23 of this Act; 31 (24) AS 11.61.123(c), as amended by sec 24 of this Act;
01 (25) AS 11.61.123(d), as amended by sec 25 of this Act; 02 (26) AS 11.61.123(f), as amended by sec 26 of this Act; 03 (27) AS 11.61.123(g), enacted by sec 27 of this Act; 04 (28) AS 11.71.025, enacted by sec. 28 of this Act; 05 (29) AS 11.71.030(a), as amended by sec. 29 of this Act; 06 (30) AS 11.71.030(d), as amended by sec. 30 of this Act; 07 (31) AS 11.71.040(a), as amended by sec. 31 of this Act; 08 (32) AS 11.71.040(d), as amended by sec. 32 of this Act; 09 (33) AS 11.71.050, as amended by sec. 33 of this Act; 10 (34) AS 11.71.060, as amended by sec. 34 of this Act; 11 (35) AS 11.71.311(a), as amended by sec. 35 of this Act; 12 (36) AS 12.55.185(16), as amended by sec. 42 of this Act; 13 (37) AS 28.35.030(o), as amended by sec. 49 of this Act; 14 (38) AS 28.35.032(q), as amended by sec. 50 of this Act. 15 (b) The following sections apply to sentences imposed on or after the effective date of 16 those sections: 17 (1) AS 12.55.027(i), enacted by sec. 36 of this Act; 18 (2) AS 12.55.125(d), as amended by sec. 37 of this Act; 19 (3) AS 12.55.125(i), as amended by sec. 38 of this Act; 20 (4) AS 12.55.135(a), as amended by sec. 39 of this Act; 21 (5) AS 12.55.135(b), as amended by sec. 40 of this Act; 22 (6) AS 12.55.135(n), as amended by sec. 41 of this Act. 23 (c) The following sections apply to the duty to register as a sex offender for offenses 24 committed on or after the effective date of those sections: 25 (1) AS 12.63.010(d), as amended by sec. 43 of this Act; 26 (2) AS 12.30.010(g), enacted by sec. 44 of this Act; 27 (3) AS 12.63.020, as amended by sec. 45 of this Act; 28 (4) AS 12.63.100(6), as amended by sec. 46 of this Act. 29 * Sec. 63. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 REPORT TO LEGISLATURE; COMMISSIONER OF CORRECTIONS. On or
01 before January 10, 2020, the commissioner of corrections shall provide a report to the 02 legislature as described under AS 33.30.011(a)(12), enacted by sec. 51 of this Act. The 03 commissioner shall submit the report to the senate secretary and chief clerk of the house of 04 representatives and notify the legislature that the report is available.