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SB 12: "An Act relating to assault in the first degree; relating to sex offenses; and relating to credit toward a sentence of imprisonment for time spent in a treatment program or under electronic monitoring."

00                             SENATE BILL NO. 12                                                                          
01 "An Act relating to assault in the first degree; relating to sex offenses; and relating to                              
02 credit toward a sentence of imprisonment for time spent in a treatment program or                                       
03 under electronic monitoring."                                                                                           
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 11.41.200(a) is amended to read:                                                                   
06            (a)  A person commits the crime of assault in the first degree if                                            
07                 (1)  that person recklessly causes serious physical injury to another by                                
08       means of a dangerous instrument;                                                                                  
09                 (2)  with intent to cause serious physical injury to another, the person                                
10       causes serious physical injury to any person;                                                                     
11                 (3)  the person knowingly engages in conduct that results in serious                                    
12       physical injury to another under circumstances manifesting extreme indifference to the                            
13       value of human life; [OR]                                                                                         
14                 (4)  that person recklessly causes serious physical injury to another by                                
01       repeated assaults using a dangerous instrument, even if each assault individually does                            
02       not cause serious physical injury; or                                                                         
03                 (5)  that person knowingly causes another to become unconscious                                     
04       by means of a dangerous instrument; in this paragraph, "dangerous instrument"                                 
05       has the meaning given in AS 11.81.900(b)(15)(B).                                                              
06    * Sec. 2. AS 11.41.425(a) is amended to read:                                                                    
07            (a)  An offender commits the crime of sexual assault in the third degree if the                              
08       offender                                                                                                          
09                 (1)  engages in sexual contact with a person who the offender knows is                                  
10                      (A)  mentally incapable;                                                                           
11                      (B)  incapacitated; or                                                                             
12                      (C)  unaware that a sexual act is being committed;                                                 
13 (2)  while employed in a state correctional facility or other placement                                                 
14 designated by the commissioner of corrections for the custody and care of prisoners,                                    
15 engages in sexual penetration with a person who the offender knows is committed to                                      
16 the custody of the Department of Corrections to serve a term of imprisonment or                                         
17       period of temporary commitment;                                                                                   
18 (3)  engages in sexual penetration with a person 18 or 19 years of age                                                  
19 who the offender knows is committed to the custody of the Department of Health and                                      
20 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of                                    
21       the person;                                                                                                       
22 (4)  while employed in the state by a law enforcement agency as a                                                       
23 peace officer, or while acting as a peace officer in the state, engages in sexual                                       
24 penetration with a person with reckless disregard that the person is in the custody or                                  
25 the apparent custody of the offender, or is committed to the custody of a law                                           
26       enforcement agency;                                                                                               
27 (5)  while employed by the state or a municipality of the state as a                                                    
28 probation officer or parole officer, or while acting as a probation officer or parole                                   
29 officer in the state, engages in sexual penetration with a person with reckless disregard                               
30       that the person is on probation or parole; [OR]                                                                   
31 (6)  while employed as a juvenile probation officer or as a juvenile                                                    
01       facility staff, engages in sexual penetration with a person 18 or 19 years of age with                            
02       reckless disregard that the person is committed to the custody or probationary                                    
03       supervision of the Department of Health and Social Services; or                                               
04                 (7)  engages in masturbation in the presence of another person and                                  
05       ejaculates on that person without the consent of that person.                                                 
06    * Sec. 3. AS 11.41.438(a) is amended to read:                                                                      
07            (a)  An offender commits the crime of sexual abuse of a minor in the third                                   
08       degree if                                                                                                         
09                 (1)  being 17 years of age or older, the offender engages in sexual                                 
10 contact with a person who is 13, 14, or 15 years of age and at least four years younger                                 
11       than the offender; or                                                                                         
12                 (2)  the offender masturbates in the presence of a person                                           
13 (A)  under 18 years of age and ejaculates on that person,                                                           
14            and the                                                                                                  
15 (i)  offender is the victim's natural parent,                                                                       
16                 stepparent, adoptive parent, or legal guardian;                                                     
17 (ii)  victim at the time of the offense is residing in the                                                          
18 same household as the offender and the offender has authority over                                                  
19                 the victim; or                                                                                      
20 (iii)  offender occupies a position of authority in                                                                 
21                 relation to the victim; or                                                                          
22 (B)  under 16 years of age and ejaculates on that person,                                                           
23            and the victim is at least three years younger than the offender.                                        
24    * Sec. 4. AS 12.10.010(b) is amended to read:                                                                      
25 (b)  Except as otherwise provided by law or in (a) of this section, a person may                                        
26 not be prosecuted, tried, or punished for an offense unless the indictment is found or                                  
27       the information or complaint is instituted not later than                                                         
28 (1)  10 years after the commission of a felony offense in violation of                                                  
29 AS 11.41.120 - 11.41.330, 11.41.425(a)(1) or (5) - (7) [11.41.425(a)(1),                                            
30       11.41.425(a)(5), 11.41.425(a)(6)], or 11.41.450 - 11.41.458; or                                                   
31                 (2)  five years after the commission of any other offense.                                              
01    * Sec. 5. AS 12.55.027 is amended by adding a new subsection to read:                                              
02 (i)  Notwithstanding other provisions of this section, a court may not grant                                            
03 credit toward a sentence of imprisonment for time spent in a treatment program or                                       
04 under electronic monitoring if the sentence imposed is for a sex offense as defined in                                  
05       AS 12.63.100.                                                                                                     
06    * Sec. 6. AS 12.55.027(g)(3) is repealed.                                                                          
07    * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to                          
08 read:                                                                                                                   
09       APPLICABILITY. AS 11.41.200(a), as amended by sec. 1 of this Act,                                                 
10 AS 11.41.425(a), as amended by sec. 2 of this Act, AS 11.41.438(a), as amended by sec. 3 of                             
11 this Act, AS 12.10.010(b), as amended by sec. 4 of this Act, and AS 12.55.027(i), added by                              
12 sec. 5 of this Act, apply to offenses committed on or after the effective date of secs. 1 - 5 of                        
13 this Act.