HB 319: "An Act relating to criminal law and procedure; relating to the crime of harassment; relating to the duty to register as a sex offender; amending the definition of 'sex offense'; relating to lifetime revocation of a teaching certificate for certain offenses; relating to the definition of 'domestic violence'; relating to multidisciplinary child protection teams; relating to arrest authority for pretrial services officers and probation officers; and providing for an effective date."
00 HOUSE BILL NO. 319 01 "An Act relating to criminal law and procedure; relating to the crime of harassment; 02 relating to the duty to register as a sex offender; amending the definition of 'sex offense'; 03 relating to lifetime revocation of a teaching certificate for certain offenses; relating to 04 the definition of 'domestic violence'; relating to multidisciplinary child protection teams; 05 relating to arrest authority for pretrial services officers and probation officers; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 11.41.260(a) is amended to read: 09 (a) A person commits the crime of stalking in the first degree if the person 10 violates AS 11.41.270 and 11 (1) the actions constituting the offense are in violation of an order 12 issued or filed under AS 18.66.100 - 18.66.180 or issued under former 13 AS 25.35.010(b) or 25.35.020;
01 (2) the actions constituting the offense are in violation of a condition of 02 probation, release before trial, release after conviction, or parole; 03 (3) the victim is under 16 years of age; 04 (4) at any time during the course of conduct constituting the offense, 05 the defendant possessed a deadly weapon; 06 (5) the defendant has been previously convicted of a crime under this 07 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 08 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 09 AS 11.56.740; or 10 (6) the defendant has been previously convicted of a crime, or an 11 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 12 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.117, 11.61.118 13 [AS 11.61.118], 11.61.120, or (B) a law or an ordinance of this or another jurisdiction 14 with elements similar to a crime, or an attempt or solicitation to commit a crime, under 15 AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, 16 AS 11.61.117, 11.61.118 [AS 11.61.118], or 11.61.120, involving the same victim as 17 the present offense. 18 * Sec. 2. AS 11.61 is amended by adding a new section to read: 19 Sec. 11.61.117. Harassment in the first degree. (a) A person commits the 20 crime of harassment in the first degree if, under circumstances not proscribed under 21 AS 11.41.434 - 11.41.440, the person intentionally subjects another person to 22 offensive physical contact by touching, directly or through clothing, another person's 23 genitals, buttocks, or female breast. 24 (b) Harassment in the first degree is a class C felony. 25 * Sec. 3. AS 11.61.118 is amended to read: 26 Sec. 11.61.118. Harassment in the second [FIRST] degree. (a) A person 27 commits the crime of harassment in the second [FIRST] degree if, under 28 circumstances not proscribed under AS 11.41.434 - 11.41.440, the person violates 29 AS 11.61.120(a)(5) and the offensive physical contact is contact 30 (1) with human or animal blood, mucus, saliva, semen, urine, vomitus, 31 or feces; or
01 (2) by the person touching through clothing another person's genitals, 02 buttocks, or female breast. 03 (b) Harassment in the second [FIRST] degree is a class A misdemeanor. 04 * Sec. 4. AS 11.61.120 is amended to read: 05 Sec. 11.61.120. Harassment in the third [SECOND] degree. (a) A person 06 commits the crime of harassment in the third [SECOND] degree if the person [, 07 WITH INTENT TO HARASS OR ANNOY ANOTHER PERSON, THAT PERSON] 08 (1) with intent to harass or annoy another person, insults, taunts, or 09 challenges another person in a manner likely to provoke an immediate violent 10 response; 11 (2) with intent to harass or annoy another person, telephones 12 another and fails to terminate the connection with intent to impair the ability of that 13 person to place or receive telephone calls; 14 (3) with intent to harass or annoy another person, makes repeated 15 telephone calls at extremely inconvenient hours; 16 (4) with intent to harass or annoy another person, makes an 17 anonymous or obscene telephone call, an obscene electronic communication, or a 18 telephone call or electronic communication that threatens physical injury or sexual 19 contact; 20 (5) knowingly subjects another person to offensive physical contact; 21 (6) with intent to harass or annoy another person, and except as 22 provided in AS 11.61.116, publishes or distributes electronic or printed photographs, 23 pictures, or films that show the genitals, anus, or female breast of the other person or 24 show that person engaged in a sexual act; 25 (7) knowingly and repeatedly sends or publishes an electronic 26 communication that insults, taunts, challenges, or intimidates a person under 18 years 27 of age in a manner that places the person in reasonable fear of physical injury; or 28 (8) under circumstances not proscribed under AS 11.41.455, 29 AS 11.61.125, or 11.61.128, with intent to harass or annoy another person, 30 repeatedly sends to another person, publishes, or distributes electronic or printed 31 photographs, pictures, or films that show the genitals of any person.
01 (b) Harassment in the third [SECOND] degree is a class B misdemeanor. 02 * Sec. 5. AS 12.63.010(b) is amended to read: 03 (b) A sex offender or child kidnapper required to register under (a) of this 04 section shall register with the Department of Corrections if the sex offender or child 05 kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 06 police department located nearest to where the sex offender or child kidnapper resides 07 at the time of registration. To fulfill the registration requirement, the sex offender or 08 child kidnapper shall 09 (1) complete a registration form that includes the following 10 information, if applicable: [, AT A MINIMUM,] 11 (A) the sex offender's or child kidnapper's full name, mailing 12 and physical address, school address, telephone numbers used by the sex 13 offender or child kidnapper, social security number, passport 14 information, citizenship status, physical address of employment, name of 15 employer [PLACE OF EMPLOYMENT], job title, and date of birth; 16 (B) each conviction for a sex offense or child kidnapping for 17 which the duty to register has not terminated under AS 12.63.020, the date of 18 the sex offense or child kidnapping convictions, the place and court of the sex 19 offense or child kidnapping convictions, and whether the sex offender or child 20 kidnapper has been unconditionally discharged from the conviction for a sex 21 offense or child kidnapping and the date of the unconditional discharge; if the 22 sex offender or child kidnapper asserts that the offender or kidnapper has been 23 unconditionally discharged, the offender or kidnapper shall supply proof of 24 that discharge acceptable to the department; 25 (C) all aliases used; 26 (D) the sex offender's or child kidnapper's driver's license 27 number; 28 (E) the description, license numbers, and vehicle identification 29 numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 30 recreational vehicles, the sex offender or child kidnapper has access to, 31 regardless of whether that access is regular or not;
01 (F) any identifying features of the sex offender or child 02 kidnapper; 03 (G) anticipated changes of address and any temporary 04 lodging used by the sex offender or child kidnapper; 05 (H) a statement concerning whether the offender or kidnapper 06 has had treatment for a mental abnormality or personality disorder since the 07 date of conviction for an offense requiring registration under this chapter; 08 [AND] 09 (I) each electronic mail address, instant messaging address, and 10 other Internet communication identifier used by the sex offender or child 11 kidnapper; and 12 (J) professional licensing information; 13 (2) allow the Alaska state troopers, Department of Corrections, [OR] 14 municipal police, or any peace officer to take a complete set of the sex offender's or 15 child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 16 kidnapper's photograph. 17 * Sec. 6. AS 12.63.010(d) is amended to read: 18 (d) A sex offender or child kidnapper required to register 19 (1) for 15 years under (a) of this section and AS 12.63.020 shall, 20 annually, during the term of a duty to register under AS 12.63.020, on a date set by the 21 department at the time of the sex offender's or child kidnapper's initial registration, 22 provide written verification to the department, in the manner required by the 23 department, of the information provided under (b)(1) of this section [SEX 24 OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 25 the information previously provided under (b)(1) of this section; 26 (2) for life under (a) of this section and AS 12.63.020 shall, not less 27 than quarterly, on a date set by the department, provide written verification to the 28 department, in the manner required by the department, of the information provided 29 under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 30 ADDRESS] and notice of any changes to the information previously provided under 31 (b)(1) of this section.
01 * Sec. 7. AS 12.63.010 is amended by adding new subsections to read: 02 (g) If a sex offender or child kidnapper plans to leave the state after having 03 registered under (a) of this section, the sex offender or child kidnapper shall appear in 04 person and provide written notice to the department of the plan to leave the state at 05 least seven calendar days before leaving the state. If a sex offender or child kidnapper 06 plans to leave the state because of international travel after having registered under (a) 07 of this section, the sex offender or child kidnapper shall appear in person and provide 08 written notice to the department of the plan for any intended travel outside the United 09 States at least 21 calendar days before leaving the state for international travel. 10 (h) If a sex offender or child kidnapper is away from the address provided to 11 the department under (b)(1)(A) of this section for seven days or more, the sex offender 12 or child kidnapper shall notify the department in writing of the address being used by 13 the sex offender or child kidnapper while away from the residence provided under 14 (b)(1)(A) of this section. 15 * Sec. 8. AS 12.63.020(a) is amended to read: 16 (a) The duty of a sex offender or child kidnapper to comply with the 17 requirements of AS 12.63.010 is as follows: 18 (1) for a sex offender or child kidnapper, as that term is defined in 19 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 20 (A) continues for the lifetime of a sex offender or child 21 kidnapper convicted of 22 (i) one aggravated sex offense; or 23 (ii) two or more sex offenses, two or more child 24 kidnappings, or one sex offense and one child kidnapping; for purposes 25 of this section, a person convicted of indecent exposure before a person 26 under 16 years of age under AS 11.41.460 more than two times has 27 been convicted of two or more sex offenses; 28 (B) ends 15 years following the sex offender's or child 29 kidnapper's unconditional discharge from a conviction for a single sex offense 30 that is not an aggravated sex offense or for a single child kidnapping if the sex 31 offender or child kidnapper has supplied proof that is acceptable to the
01 department of the unconditional discharge; the registration period under this 02 subparagraph 03 (i) is tolled for the period of noncompliance if the sex 04 offender or child kidnapper has failed [EACH YEAR THAT A SEX 05 OFFENDER OR CHILD KIDNAPPER FAILS] to comply with the 06 requirements of this chapter or is incarcerated for the offense or 07 kidnapping for which the offender or kidnapper is required to register 08 or for any other offense; 09 (ii) may include the time a sex offender or child 10 kidnapper was absent from this state if the sex offender or child 11 kidnapper has complied with any sex offender or child kidnapper 12 registration requirements of the jurisdiction in which the offender or 13 kidnapper was located and if the sex offender or child kidnapper 14 provides the department with proof of the compliance while the sex 15 offender or child kidnapper was absent from this state; and 16 (iii) continues for a sex offender or child kidnapper who 17 has not supplied proof acceptable to the department of the offender's or 18 kidnapper's unconditional discharge for the sex offense or child 19 kidnapping requiring registration; 20 (2) for a sex offender or child kidnapper, as that term is defined in 21 AS 12.63.100(6)(B), the duty continues for the period determined by the department 22 under (b) of this section. 23 * Sec. 9. AS 12.63.100(7) is amended to read: 24 (7) "sex offense" means 25 (A) a crime under AS 11.41.100(a)(3), or a similar law of 26 another jurisdiction, in which the person committed or attempted to commit a 27 sexual offense, or a similar offense under the laws of the other jurisdiction; in 28 this subparagraph, "sexual offense" has the meaning given in 29 AS 11.41.100(a)(3); 30 (B) a crime under AS 11.41.110(a)(3), or a similar law of 31 another jurisdiction, in which the person committed or attempted to commit
01 one of the following crimes, or a similar law of another jurisdiction: 02 (i) sexual assault in the first degree; 03 (ii) sexual assault in the second degree; 04 (iii) sexual abuse of a minor in the first degree; or 05 (iv) sexual abuse of a minor in the second degree; 06 (C) a crime, or an attempt, solicitation, or conspiracy to commit 07 a crime, under the following statutes or a similar law of another jurisdiction: 08 (i) AS 11.41.410 - 11.41.438; 09 (ii) AS 11.41.440(a)(2); 10 (iii) AS 11.41.450 - 11.41.458; 11 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 12 exposure is before a person under 16 years of age and the offender has 13 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 14 (v) AS 11.61.125 - 11.61.128; 15 (vi) AS 11.66.110, 11.66.130(a)(2)(B), or 16 AS 26.05.900(b) if the person who was induced or caused to engage in 17 prostitution was under 20 years of age at the time of the offense; 18 (vii) former AS 11.15.120, former 11.15.134, or assault 19 with the intent to commit rape under former AS 11.15.160, former 20 AS 11.40.110, or former 11.40.200; 21 (viii) AS 11.61.117 [AS 11.61.118(a)(2)] if the offender 22 has a previous conviction for that offense; 23 (ix) AS 11.66.100(a)(2) if the offender is subject to 24 punishment under as 11.66.100(e); 25 (x) AS 26.05.890 if the person engaged in sexual 26 penetration or sexual contact with the victim; 27 (xi) AS 26.05.890 if, at the time of the offense, the 28 victim is under a duty to obey the lawful orders of the offender, 29 regardless of whether the offender is in the direct chain of command 30 over the victim; 31 (xii) AS 26.05.893 if the person engaged in sexual
01 penetration or sexual contact with the victim; 02 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 03 years of age at the time of the offense; 04 (xiv) AS 26.05.900 if, at the time of the offense, the 05 victim is under a duty to obey the lawful orders of the offender, 06 regardless of whether the offender is in the direct chain of command 07 over the victim; or 08 (xv) AS 11.61.123 if the offender is subject to 09 punishment under AS 11.61.123(g)(1) or (2); 10 (xvi) AS 11.61.116 if the offender is subject to 11 punishment under AS 11.61.116(c)(2); 12 (xvii) AS 11.61.130(a)(2); or 13 (xviii) AS 11.61.140(a)(6) or (7) [AS 11.61.123(f)(1) 14 OR (2)]; 15 (D) an offense, or an attempt, solicitation, or conspiracy to 16 commit an offense, under AS 26.05.935(b), or a similar law of another 17 jurisdiction, if the member of the militia commits one of the following 18 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 19 Code of Military Justice): 20 (i) child pornography; or 21 (ii) pandering and prostitution if the person who is 22 induced, enticed, caused, or procured to engage in a sexual act is under 23 20 years of age at the time of the offense; or 24 (E) an offense in which the person is required to register as a 25 sex offender under the laws of another jurisdiction; 26 * Sec. 10. AS 14.20.030(b) is amended to read: 27 (b) The commissioner or the Professional Teaching Practices Commission 28 shall revoke for life the certificate of a person who has been convicted of a crime, or 29 an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 30 AS 11.41.410 - 11.41.460, AS 11.61.125 - 11.61.127, or a law or ordinance in another 31 jurisdiction with elements similar to an offense described in this subsection.
01 * Sec. 11. AS 18.66.990(3) is amended to read: 02 (3) "domestic violence" and "crime involving domestic violence" mean 03 one or more of the following offenses or an offense under a law or ordinance of 04 another jurisdiction having elements similar to these offenses, or an attempt to commit 05 the offense, by a household member against another household member: 06 (A) a crime against the person under AS 11.41; 07 (B) burglary under AS 11.46.300 - 11.46.310; 08 (C) criminal trespass under AS 11.46.320 - 11.46.330; 09 (D) arson or criminally negligent burning under AS 11.46.400 - 10 11.46.430; 11 (E) criminal mischief under AS 11.46.475 - 11.46.486; 12 (F) terrorist threatening under AS 11.56.807 or 11.56.810; 13 (G) violating a protective order under AS 11.56.740(a)(1); 14 (H) harassment under AS 11.61.117, 11.61.118, 15 11.61.120(a)(2) - (4) [AS 11.61.120(a)(2) - (4)]; [OR] 16 (I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 17 a pet; 18 (J) interfering with a report of a crime involving domestic 19 violence under AS 11.56.745; or 20 (K) unlawful contact under AS 11.56.750 - 11.56.755; 21 * Sec. 12. AS 33.05.070 is amended by adding a new subsection to read: 22 (e) At any time within the probation period, the probation officer may file a 23 complaint with the court and arrest a probationer, with or without a warrant, if the 24 officer has probable cause to believe the probationer has committed an offense under 25 AS 11.56.759. 26 * Sec. 13. AS 33.07.030(g) is amended to read: 27 (g) A pretrial services officer may 28 (1) recommend pretrial diversion to the court and parties before 29 adjudication in accordance with the guidelines established by the commissioner under 30 AS 33.07.020(6); 31 (2) if the officer has probable cause to believe the defendant has
01 committed an offense under AS 11.56.320, 11.56.610, 11.56.730, 11.56.750, 02 11.56.757 [AS 11.56.730 OR 11.56.757] or has violated the defendant's release 03 conditions, file a complaint with the court and 04 (A) arrest, with or without a warrant, a defendant who has been 05 released while awaiting trial; or 06 (B) request the court to issue warrants related to any violation 07 of the defendant's release conditions; 08 (3) refer interested defendants for substance abuse screening, 09 assessment, and treatment on a voluntary basis and assist any defendant whose offense 10 or criminal history identified a dependency on, abuse of, or addiction to alcohol or 11 controlled substances with accessing and obtaining appropriate treatment in the 12 community to address those needs; 13 (4) recommend that a defendant charged with an offense involving the 14 use of alcohol or controlled substances comply with a program established under 15 AS 47.38.020; and 16 (5) coordinate with community-based organizations and tribal courts 17 and councils to develop and expand pretrial diversion options. 18 * Sec. 14. AS 47.14.300(a) is amended to read: 19 (a) The department, a state or municipal agency with expertise in child abuse 20 or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 21 as an Indian tribe under 25 U.S.C. 479a (Federally Recognized Indian Tribe List Act 22 of 1994) with expertise in child abuse or neglect, in partnership with the department, 23 may facilitate the initial establishment of a multidisciplinary child protection team. 24 The purpose of a team is to assist in the evaluation and investigation of reports of child 25 abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 26 department or a law enforcement agency; to assist in the evaluation and 27 investigation of reports of sexual contact or sexual penetration, as defined in 28 AS 11.81.900, occurring between children under 13 years of age; and to provide 29 consultation and coordination for agencies involved in child-in-need-of-aid cases 30 under AS 47.10. The multidisciplinary child protection teams shall 31 (1) ensure that investigations involving child abuse or neglect are
01 coordinated and conducted by trained investigators; 02 (2) take and recommend steps to avoid duplicative interviews of 03 children; 04 (3) assist in the reduction of trauma to a child and family involved in 05 an investigation of child abuse or neglect; and 06 (4) review records, provide consultation, and make recommendations 07 to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 08 the team by a team member. 09 * Sec. 15. AS 47.17.020(e) is amended to read: 10 (e) The department shall immediately notify the nearest law enforcement 11 agency if the department 12 (1) concludes that the harm was caused by a person who is not 13 responsible for the child's welfare; 14 (2) is unable to determine 15 (A) who caused the harm to the child; or 16 (B) whether the person who is believed to have caused the 17 harm has responsibility for the child's welfare; or 18 (3) concludes that the report involves 19 (A) possible criminal sex abuse or sex offenses under 20 AS 11.41.410 - 11.41.458, AS 11.61.116, 11.61.117 [11.61.118(a)(2)], 21 11.61.120(a)(6), 11.61.123, or 11.61.128, including sex offenses committed by 22 a minor against a minor; or 23 (B) abuse or neglect that results in the need for medical 24 treatment of the child. 25 * Sec. 16. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 26 2019, is amended to read: 27 (c) The following sections apply to the duty to register as a sex offender for 28 offenses committed before, on, or after the effective date of those sections: 29 (1) AS 12.63.010(d), as amended by sec. 82 of this Act; 30 (2) AS 12.63.020, as amended by sec. 83 of this Act; 31 (3) AS 12.63.100(6), as amended by sec. 84 of this Act;
01 (4) AS 12.63.100(7), as amended by sec. 85 of this Act. 02 * Sec. 17. AS 11.61.118(a)(2) is repealed. 03 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. (a) AS 11.41.260(a), as amended by sec. 1 of this Act, 06 AS 11.61.117, enacted by sec. 2 of this Act, AS 11.61.118, as amended by sec. 3 of this Act, 07 AS 11.61.120, as amended by sec. 4 of this Act, AS 33.05.070(e), enacted by sec. 12 of this 08 Act, and AS 33.07.030(g), as amended by sec. 13 of this Act, apply to offenses committed on 09 or after the effective date of those sections. 10 (b) Except as otherwise provided in this Act, AS 12.63.010(b), as amended by sec. 5 11 of this Act, AS 12.63.010(d), as amended by sec. 6 of this Act, and AS 12.63.010(g) and (h), 12 enacted by sec. 7 of this Act, apply to the duty to register as a sex offender or child kidnapper 13 for offenses committed before, on, or after the effective date of this Act. 14 (c) AS 12.63.020(a), as amended by sec. 8 of this Act, applies to the tolling of the 15 duty to register as a sex offender or child kidnapper on or after the effective date of this Act 16 for determinations of noncompliance made by the Department of Public Safety on or after the 17 effective date of this Act. 18 (d) Nothing in AS 12.63.020(a), as amended by sec. 8 of this Act, may be construed 19 as invalidating a decision of the Department of Public Safety to toll the period of registration 20 or continue the period of registration under AS 12.63 before the effective date of this Act. 21 (e) AS 12.63.100(7), as amended by sec. 9 of this Act, applies to the duty to register 22 as a sex offender for offenses committed on or after the effective date of this Act. 23 (f) AS 14.20.030(b), as amended by sec. 10 of this Act, applies to convictions 24 occurring before, on, or after the effective date of this Act for conduct occurring before, on, or 25 after the effective date of this Act. 26 * Sec. 19. This Act takes effect July 1, 2022.