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).