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SSSB 12: "An Act relating to crime and criminal procedure; relating to assault and sexual assault; relating to harassment; relating to credit toward a sentence of imprisonment for time spent in a treatment program or under electronic monitoring; and providing for an effective date."

00                  SPONSOR SUBSTITUTE FOR SENATE BILL NO. 12                                                              
01 "An Act relating to crime and criminal procedure; relating to assault and sexual                                        
02 assault; relating to harassment; relating to credit toward a sentence of imprisonment for                               
03 time spent in a treatment program or under electronic monitoring; and providing for an                                  
04 effective date."                                                                                                        
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 11.41.200(a) is amended to read:                                                                   
07            (a)  A person commits the crime of assault in the first degree if                                            
08                 (1)  that person recklessly causes serious physical injury to another by                                
09       means of a dangerous instrument;                                                                                  
10                 (2)  with intent to cause serious physical injury to another, the person                                
11       causes serious physical injury to any person;                                                                     
12                 (3)  the person knowingly engages in conduct that results in serious                                    
13       physical injury to another under circumstances manifesting extreme indifference to the                            
14       value of human life; [OR]                                                                                         
01                 (4)  that person recklessly causes serious physical injury to another by                                
02       repeated assaults using a dangerous instrument, even if each assault individually does                            
03       not cause serious physical injury; or                                                                         
04                 (5)  that person knowingly causes another to become unconscious                                     
05       by means of a dangerous instrument; in this paragraph, "dangerous instrument"                                 
06       has the meaning given in AS 11.81.900(b)(15)(B).                                                              
07    * Sec. 2. AS 11.41.425(a) is amended to read:                                                                    
08            (a)  An offender commits the crime of sexual assault in the third degree if the                              
09       offender                                                                                                          
10                 (1)  engages in sexual contact with a person who the offender knows is                                  
11                      (A)  mentally incapable;                                                                           
12                      (B)  incapacitated; or                                                                             
13                      (C)  unaware that a sexual act is being committed;                                                 
14 (2)  while employed in a state correctional facility or other placement                                                 
15 designated by the commissioner of corrections for the custody and care of prisoners,                                    
16 engages in sexual penetration with a person who the offender knows is committed to                                      
17 the custody of the Department of Corrections to serve a term of imprisonment or                                         
18       period of temporary commitment;                                                                                   
19 (3)  engages in sexual penetration with a person 18 or 19 years of age                                                  
20 who the offender knows is committed to the custody of the Department of Health and                                      
21 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of                                    
22       the person;                                                                                                       
23 (4)  while employed in the state by a law enforcement agency as a                                                       
24 peace officer, or while acting as a peace officer in the state, engages in sexual                                       
25 penetration with a person with reckless disregard that the person is in the custody or                                  
26 the apparent custody of the offender, or is committed to the custody of a law                                           
27       enforcement agency;                                                                                               
28 (5)  while employed by the state or a municipality of the state as a                                                    
29 probation officer or parole officer, or while acting as a probation officer or parole                                   
30 officer in the state, engages in sexual penetration with a person with reckless disregard                               
31       that the person is on probation or parole; [OR]                                                                   
01 (6)  while employed as a juvenile probation officer or as a juvenile                                                    
02 facility staff, engages in sexual penetration with a person 18 or 19 years of age with                                  
03 reckless disregard that the person is committed to the custody or probationary                                          
04       supervision of the Department of Health and Social Services; or                                               
05                 (7)  engages in masturbation and ejaculates on a person without the                                 
06       consent of that person.                                                                                       
07    * Sec. 3. AS 11.61.118(a) is amended to read:                                                                      
08            (a)  A person commits the crime of harassment in the first degree if                                         
09                 (1)  under circumstances not proscribed under AS 11.41.425(a)(7),                                   
10 the person violates AS 11.61.120(a)(5) and the offensive physical contact is contact                                    
11       with human or animal blood, mucus, saliva, semen, urine, vomitus, or feces; or                                    
12 (2)  under circumstances not proscribed under AS 11.41.434 -                                                            
13 11.41.440, the person violates AS 11.61.120(a)(5) and the offensive physical contact                                    
14 is contact by the person touching through clothing another person's genitals, buttocks,                                 
15       or female breast.                                                                                                 
16    * Sec. 4. AS 11.81.900(b)(60) is amended to read:                                                                  
17                 (60)  "sexual contact" means                                                                            
18                      (A)  the defendant's                                                                               
19 (i)  knowingly touching, directly or through clothing, the                                                              
20                 victim's genitals, anus, or female breast; [OR]                                                         
21 (ii)  knowingly causing the victim to touch, directly or                                                                
22 through clothing, the defendant's or victim's genitals, anus, or female                                                 
23                 breast; or                                                                                          
24 (iii)  knowingly causing the victim to come into                                                                    
25                 contact with ejaculate;                                                                             
26                      (B)  but "sexual contact" does not include acts                                                    
27 (i)  that may reasonably be construed to be normal                                                                      
28 caretaker responsibilities for a child, interactions with a child, or                                                   
29                 affection for a child;                                                                                  
30 (ii)  performed for the purpose of administering a                                                                      
31 recognized and lawful form of treatment that is reasonably adapted to                                                   
01                 promoting the physical or mental health of the person being treated; or                                 
02 (iii)  that are a necessary part of a search of a person                                                                
03 committed to the custody of the Department of Corrections or the                                                        
04                 Department of Health and Social Services;                                                               
05    * Sec. 5. AS 12.10.010(b) is amended to read:                                                                      
06            (b)  Except as otherwise provided by law or in (a) of this section, a person may                             
07       not be prosecuted, tried, or punished for an offense unless the indictment is found or                            
08       the information or complaint is instituted not later than                                                         
09                 (1)  10 years after the commission of a felony offense in violation of                                  
10 AS 11.41.120 - 11.41.330, 11.41.425(a)(1) or (5) - (7) [11.41.425(a)(1),                                            
11       11.41.425(a)(5), 11.41.425(a)(6)], or 11.41.450 - 11.41.458; or                                                   
12                 (2)  five years after the commission of any other offense.                                              
13    * Sec. 6. AS 12.55.027(d) is repealed and reenacted to read:                                                       
14 (d)  A court may not grant credit against a sentence of imprisonment for time                                           
15       spent in a private residence or under electronic monitoring.                                                      
16    * Sec. 7. AS 12.55.027(e) is amended to read:                                                                      
17 (e)  If a defendant intends to claim credit toward a sentence of imprisonment                                           
18 for time spent in a treatment program [OR UNDER ELECTRONIC MONITORING]                                                  
19 either as a condition of probation or as a condition of bail release after a petition to                                
20 revoke probation has been filed, the defendant shall file notice with the court and the                                 
21 prosecutor 10 days before the disposition hearing. The notice shall include the amount                                  
22 of time the defendant is claiming. The defendant must prove by a preponderance of the                                   
23 evidence that the credit claimed meets the requirements of this section. A court may                                    
24 not consider, except for good cause, a request for credit made under this subsection                                    
25       more than 90 days after the disposition hearing.                                                                  
26    * Sec. 8. AS 12.55.027(g) is repealed.                                                                             
27    * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to                          
28 read:                                                                                                                   
29 APPLICABILITY. AS 11.41.200(a), as amended by sec. 1 of this Act,                                                       
30 AS 11.41.425(a), as amended by sec. 2 of this Act, AS 11.61.118(a), as amended by sec. 3 of                             
31 this Act, AS 11.81.900(b), as amended by sec. 4 of this Act, AS 12.10.010(b), as amended by                             
01 sec. 5 of this Act, AS 12.55.027(d), as repealed and reenacted by sec. 6 of this Act,                                   
02 AS 12.55.027(e), as amended by sec. 7 of this Act, and AS 12.55.027(g), as repealed by sec. 8                           
03 of this Act, apply to offenses committed on or after the effective date of this Act.                                    
04    * Sec. 10. This Act takes effect immediately under AS 01.10.070(c).