CSHB 68(JUD): "An Act relating to sex trafficking; relating to athletic trainers, private professional conservators and guardians, licensed professional counselors, massage therapists, marital and family therapists, physicians, osteopaths, podiatrists, direct-entry midwives, nurses, pharmacists, psychologists and psychological associates, and clinical social workers; establishing the crime of patron of a victim of sex trafficking; relating to the crime of human trafficking; relating to the crime of prostitution; relating to sentencing for sex trafficking, patron of a victim of sex trafficking, human trafficking, and prostitution; relating to victim confidentiality; establishing the process for vacating judgments for certain convictions of prostitution; relating to revocation of a teaching certificate; relating to sex trafficking, human trafficking, sexual abuse, and sexual assault awareness and prevention education; relating to disqualifying convictions for religious and private school teachers; relating to licensing of school bus drivers; relating to permanent fund dividends for certain individuals whose convictions are vacated; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 68(JUD) 01 "An Act relating to sex trafficking; relating to athletic trainers, private professional 02 conservators and guardians, licensed professional counselors, massage therapists, 03 marital and family therapists, physicians, osteopaths, podiatrists, direct-entry midwives, 04 nurses, pharmacists, psychologists and psychological associates, and clinical social 05 workers; establishing the crime of patron of a victim of sex trafficking; relating to the 06 crime of human trafficking; relating to the crime of prostitution; relating to sentencing 07 for sex trafficking, patron of a victim of sex trafficking, human trafficking, and 08 prostitution; relating to victim confidentiality; establishing the process for vacating 09 judgments for certain convictions of prostitution; relating to revocation of a teaching 10 certificate; relating to sex trafficking, human trafficking, sexual abuse, and sexual 11 assault awareness and prevention education; relating to disqualifying convictions for 12 religious and private school teachers; relating to licensing of school bus drivers; relating
01 to permanent fund dividends for certain individuals whose convictions are vacated; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 04.06.110 is amended to read: 05 Sec. 04.06.110. Peace officer powers. The director and the persons employed 06 for the administration and enforcement of this title may, with the concurrence of the 07 commissioner of public safety, exercise the powers of peace officers when those 08 powers are specifically granted by the board. Powers granted by the board under this 09 section may be exercised only when necessary for the enforcement of the criminally 10 punishable provisions of this title, regulations of the board, and other criminally 11 punishable laws and regulations, including investigation of violations of laws against 12 [PROSTITUTION AND] sex trafficking described in AS 11.41.340 - 11.41.357, laws 13 against prostitution described in AS 11.66.101 - 11.66.106, [AS 11.66.100 - 14 11.66.135] and laws against gambling, promoting gambling, and related offenses 15 described in AS 11.66.200 - 11.66.280. Unless authorized by a search warrant 16 described in AS 12.35, nothing in this section authorizes the use of metal keys, 17 magnetic card keys, or identification cards to access private clubs. 18 * Sec. 2. AS 08.07.020(a) is amended to read: 19 (a) The department shall issue an athletic trainer license to an individual who 20 (1) applies to the department on a form provided by the department; 21 (2) meets the requirements established in regulation by the department; 22 (3) pays the fees established by the department; [AND] 23 (4) provides proof of certification by the Board of Certification, Inc., 24 or another nationally recognized professional association approved by the department; 25 and 26 (5) has not been convicted, including a conviction based on a guilty 27 plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 28 * Sec. 3. AS 08.07 is amended by adding a new section to read: 29 Sec. 08.07.025. Revocation or refusal of a license. The department shall 30 revoke for life an athletic trainer license or refuse to issue or renew an athletic trainer
01 license if the department determines that the individual has been convicted, including 02 a conviction based on a guilty plea or plea of nolo contendere, of a crime under 03 AS 11.41.340 - 11.41.355. 04 * Sec. 4. AS 08.07 is amended by adding a new section to read: 05 Sec. 08.07.035. Notification of conviction. An athletic trainer shall notify the 06 department if the athletic trainer has been convicted, including a conviction based on a 07 guilty plea or plea of nolo contendere, of a felony or misdemeanor crime. 08 * Sec. 5. AS 08.26.020(a) is amended to read: 09 (a) The department shall issue a private professional full guardian license to an 10 individual 11 (1) who is at least 21 years of age; 12 (2) who has two or more years of professional client casework 13 experience or at least an associate degree in human services, social work, psychology, 14 sociology, gerontology, special education, or a closely related field; 15 (3) who is certified as a guardian by a nationally recognized 16 organization in the field of guardianships; 17 (4) whose criminal history record checks under AS 08.26.070 show 18 that the individual has not been convicted of a crime under AS 11.41.340 - 11.41.355 19 or of a felony or [OF A] misdemeanor offense in the state or in any other jurisdiction 20 involving fraud, misrepresentation, material omission, misappropriation, theft, 21 conversion, or any other crime the department determines would affect the individual's 22 ability to provide the services of a guardian competently and safely for the protected 23 person within 10 years before the application; 24 (5) who satisfies the application requirements of AS 08.26.060; and 25 (6) who satisfies the requirements for obtaining a private professional 26 conservator license under AS 08.26.030. 27 * Sec. 6. AS 08.26.030 is amended to read: 28 Sec. 08.26.030. Requirements for private professional conservator license. 29 The department shall issue a private professional conservator license to an individual 30 (1) who is at least 21 years of age; 31 (2) who has obtained a high school diploma, or a general education
01 development diploma or its equivalent; 02 (3) who has six months' employment experience in a position 03 involving financial management, or has at least an associate degree in accounting or a 04 closely related field; 05 (4) who is certified as a guardian by a nationally recognized 06 organization in the field of guardianships; 07 (5) whose criminal history record checks under AS 08.26.070 show 08 that the individual has not been convicted of a crime under AS 11.41.340 - 11.41.355 09 or of a felony or [OF A] misdemeanor offense in the state or in any other jurisdiction 10 involving fraud, misrepresentation, material omission, misappropriation, theft, 11 conversion, or any other crime that the department determines would affect the 12 individual's ability to provide the services of a conservator competently and safely for 13 the protected person within 10 years before the application; and 14 (6) who satisfies the application requirements of AS 08.26.060. 15 * Sec. 7. AS 08.26.130 is amended by adding new subsections to read: 16 (b) The department shall revoke for life a license or refuse to issue or renew a 17 license if the department determines that the individual has been convicted, including 18 a conviction based on a guilty plea or plea of nolo contendere, of a crime under 19 AS 11.41.340 - 11.41.355. 20 (c) A licensee shall notify the department if the licensee has been convicted, 21 including a conviction based on a guilty plea or plea of nolo contendere, of a felony or 22 other crime that may result in grounds for disciplinary action under (a)(6) of this 23 section. 24 * Sec. 8. AS 08.29.110(a) is amended to read: 25 (a) The board shall issue a professional counselor license to a person who 26 applies for the license, submits the required fee, submits two letters of 27 recommendation from professional counselors who are familiar with the applicant's 28 practice of professional counseling, and presents evidence satisfactory to the board 29 that the person 30 (1) is at least 18 years of age; 31 (2) is not under investigation in this or another jurisdiction for an act
01 that would constitute a violation of this chapter; 02 (3) has not had a license related to the practice of counseling, 03 psychology, marital and family therapy, or social work in this or another jurisdiction 04 suspended, revoked, or surrendered in lieu of discipline unless the license has been 05 fully reinstated in that jurisdiction; 06 (4) has passed a written examination as required by the board; the 07 board may provide that passing a nationally recognized examination for professional 08 counselors is sufficient to meet the examination requirement of this paragraph; 09 (5) has successfully completed either 10 (A) an earned doctoral degree in counseling or a related 11 professional field from a regionally or nationally accredited institution of 12 higher education approved by the board; or 13 (B) an earned master's degree in counseling or a related 14 professional field, from a regionally or nationally accredited institution of 15 higher education approved by the board, and at least 60 graduate semester 16 hours in counseling during or after earning the master's degree; [AND] 17 (6) has, after earning the degree required under either (5)(A) or (B) of 18 this subsection, had at least 3,000 hours of supervised experience in the practice of 19 professional counseling performed over a period of at least two years under the 20 supervision of a supervisor approved under AS 08.29.210, with at least 1,000 hours of 21 direct counseling with individuals, couples, families, or groups and at least 100 hours 22 of face-to-face supervision by a supervisor approved under AS 08.29.210 unless, 23 under regulations of the board, the board allows the supervision to be by telephonic or 24 electronic means because of the remote location of the counselor; and 25 (7) has not been convicted, including a conviction based on a guilty 26 plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 27 * Sec. 9. AS 08.29.400 is amended by adding new subsections to read: 28 (d) The board shall revoke for life a license or refuse to issue or renew a 29 license if the board determines that the person has been convicted, including a 30 conviction based on a guilty plea or plea of nolo contendere, of a crime under 31 AS 11.41.340 - 11.41.355.
01 (e) A person licensed under this chapter shall notify the board if the person has 02 been convicted, including a conviction based on a guilty plea or plea of nolo 03 contendere, of a felony that may result in grounds for disciplinary sanctions under 04 (a)(2) of this section. 05 * Sec. 10. AS 08.61.030 is amended to read: 06 Sec. 08.61.030. Qualifications for license. The board shall issue a license to 07 practice massage therapy to a person who 08 (1) applies on a form provided by the department; 09 (2) pays the fees established under AS 08.61.090; 10 (3) furnishes evidence satisfactory to the board that the person has 11 completed a 12 (A) course of study of at least 625 hours of in-class supervised 13 instruction and clinical work from an approved massage school; or 14 (B) board-approved apprenticeship program; 15 (4) is 18 years of age or older; 16 (5) has been fingerprinted and has provided the fees required by the 17 Department of Public Safety under AS 12.62.160 for criminal justice information and 18 a national criminal history record check; the fingerprints and fees shall be forwarded 19 to the Department of Public Safety to obtain a report of criminal justice information 20 under AS 12.62 and a national criminal history record check under AS 12.62.400; 21 (6) has a current cardiopulmonary resuscitation certification; 22 (7) has received at least two hours of safety education covering 23 bloodborne pathogens and universal precautions in the two years preceding the 24 application for the license; in this paragraph, "bloodborne pathogens" has the meaning 25 given in AS 18.15.450; 26 (8) has successfully completed a nationally recognized competency 27 examination approved by the board; and 28 (9) has not been convicted of, or pled guilty or no contest to, a crime 29 under AS 11.41.340 - 11.41.355, or a crime involving moral turpitude, or who has 30 been convicted of, or pled guilty or no contest to, a crime involving moral turpitude if 31 the board finds that the conviction does not affect the person's ability to practice
01 competently and safely. 02 * Sec. 11. AS 08.61.040 is amended to read: 03 Sec. 08.61.040. Licensure by credentials. The board shall issue a license to 04 practice massage therapy to a person who 05 (1) is 18 years of age or older; 06 (2) applies on a form provided by the department; 07 (3) pays the fees established under AS 08.61.090; 08 (4) has submitted the person's fingerprints and the fees required by the 09 Department of Public Safety under AS 12.62.160 for criminal justice information and 10 a national criminal history record check; the fingerprints and fees shall be forwarded 11 to the Department of Public Safety to obtain a report of criminal justice information 12 under AS 12.62 and a national criminal history record check under AS 12.62.400; 13 (5) is not the subject of an unresolved complaint or disciplinary action 14 before a regulatory authority in this state or another jurisdiction; 15 (6) has not had a certificate or license to practice massage therapy 16 revoked, suspended, or voluntarily surrendered in this state or another jurisdiction; 17 (7) has not been convicted of, or pled guilty or no contest to, a law or 18 ordinance of this or another jurisdiction with elements similar to a crime listed 19 under AS 11.41.340 - 11.41.355, or a crime involving moral turpitude, or has been 20 convicted of, or pled guilty or no contest to, a crime involving moral turpitude if the 21 board finds that the conviction does not affect the person's ability to practice 22 competently and safely; 23 (8) has a current cardiopulmonary resuscitation certification; and 24 (9) is currently 25 (A) licensed to practice massage therapy in another state or 26 country that has licensing requirements that are substantially equal to or greater 27 than the requirements of this state; or 28 (B) certified by a certification entity approved by the board. 29 * Sec. 12. AS 08.61.060 is amended by adding new subsections to read: 30 (b) The board shall revoke for life a license or refuse to issue or renew a 31 license if the board determines that the person has been convicted, including a
01 conviction based on a guilty plea or plea of nolo contendere, of a crime under 02 AS 11.41.340 - 11.41.355. 03 (c) A person licensed under this chapter shall notify the board if the person has 04 been convicted, including a conviction based on a guilty plea or plea of nolo 05 contendere, of a felony or other crime that may result in grounds for disciplinary 06 sanctions under (a)(4) of this section. 07 * Sec. 13. AS 08.63.100(a) is amended to read: 08 (a) The board shall issue a license to practice marital and family therapy to a 09 person who 10 (1) applies on a form provided by the board; 11 (2) pays the fee established under AS 08.01.065; 12 (3) furnishes evidence satisfactory to the board that the person 13 (A) has not engaged in conduct that is a ground for imposing 14 disciplinary sanctions under AS 08.63.210; 15 (B) holds a master's degree or doctorate in marital and family 16 therapy or allied mental health field from a regionally accredited educational 17 institution approved by the board for which the person completed a course of 18 study that included instruction substantially equivalent to the following: 19 (i) three courses or nine semester or 12 quarter hours of 20 course work in marital and family therapy; 21 (ii) three courses or nine semester or 12 quarter hours of 22 course work in marital and family studies; 23 (iii) three courses or nine semester or 12 quarter hours 24 of course work in human development; 25 (iv) one course or three semester or four quarter hours 26 of course work in professional studies or professional ethics and law; 27 (v) one course or three semester or four quarter hours of 28 course work in research; and 29 (vi) one year of supervised clinical practice in marital 30 and family therapy; 31 (C) after receiving a degree described in (B) of this paragraph,
01 has practiced supervised marital and family therapy, including 1,700 hours of 02 clinical contact with couples, individuals, and families; the 1,700 hours of 03 clinical contact must include at least 100 hours of individual supervision and 04 100 hours of group supervision approved by the board; the 100 hours of 05 individual supervision and 100 hours of group supervision may be conducted 06 by one or more supervisors; 07 (D) has received training related to domestic violence; [AND] 08 (E) has passed a written or oral examination administered by 09 the board; and 10 (F) has not been convicted, including a conviction based on 11 a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 12 11.41.355. 13 * Sec. 14. AS 08.63.210 is amended by adding new subsections to read: 14 (e) The board shall revoke for life a license issued under this chapter or refuse 15 to issue or renew a license under this chapter if the board determines that the 16 individual has been convicted, including a conviction based on a guilty plea or plea of 17 nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 18 (f) A person licensed under this chapter shall notify the board if the person has 19 been convicted, including a conviction based on a guilty plea or plea of nolo 20 contendere, of a felony or other crime that may result in grounds for disciplinary 21 sanctions under (a)(4) of this section. 22 * Sec. 15. AS 08.64.240(a) is amended to read: 23 (a) The board may not grant a license if 24 (1) the applicant fails or cheats during the examination; 25 (2) the applicant has surrendered a license in another jurisdiction while 26 under investigation and the license has not been reinstated in that jurisdiction; 27 (3) the board determines that the applicant is professionally unfit to 28 practice medicine or osteopathy in the state; [OR] 29 (4) the applicant fails to comply with a requirement of this chapter; or 30 (5) the applicant has been convicted, including a conviction based 31 on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 -
01 11.41.355. 02 * Sec. 16. AS 08.64.326 is amended by adding new subsections to read: 03 (c) The board shall revoke for life a license issued under this chapter or refuse 04 to issue or renew a license under this chapter if the board determines that the person 05 has been convicted, including a conviction based on a guilty plea or plea of nolo 06 contendere, of a crime under AS 11.41.340 - 11.41.355. 07 (d) A licensee shall notify the board if the licensee has been convicted, 08 including a conviction based on a guilty plea or plea of nolo contendere, of a felony or 09 other crime that may result in grounds for disciplinary sanctions under (a)(4) or (5) of 10 this section. 11 * Sec. 17. AS 08.65.050 is amended to read: 12 Sec. 08.65.050. Qualifications for license. The board shall issue a certificate 13 to practice direct-entry midwifery to a person who 14 (1) applies on a form provided by the board; 15 (2) pays the fees required under AS 08.65.100; 16 (3) furnishes evidence satisfactory to the board that the person has not 17 engaged in conduct that is a ground for imposing disciplinary sanctions under 18 AS 08.65.110 and has not been convicted, including a conviction based on a guilty 19 plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355; 20 (4) furnishes evidence satisfactory to the board that the person has 21 completed a course of study and supervised clinical experience; the study and 22 experience must be of at least one year's duration; 23 (5) successfully completes the examination required by the board. 24 * Sec. 18. AS 08.65.110 is amended by adding new subsections to read: 25 (b) The board shall revoke for life a certificate or permit or refuse to issue or 26 renew a certificate or permit if the board determines that the individual has been 27 convicted, including a conviction based on a guilty plea or plea of nolo contendere, of 28 a crime under AS 11.41.340 - 11.41.355. 29 (c) A person holding a certificate or permit under this chapter shall notify the 30 board if the person has been convicted, including a conviction based on a guilty plea 31 or plea of nolo contendere, of a felony or other crime that may result in grounds for
01 disciplinary sanctions under (a)(4) of this section. 02 * Sec. 19. AS 08.68.170(c) is amended to read: 03 (c) An applicant for a license to practice advanced practice registered nursing 04 shall submit to the board, on forms and in the manner prescribed by the board, written 05 evidence, verified by oath, that the applicant 06 (1) is licensed as a registered nurse in the state; [AND] 07 (2) has successfully completed an advanced practice registered nurse 08 education program that meets the criteria established by the board under 09 AS 08.68.100; and 10 (3) has not been convicted, including a conviction based on a guilty 11 plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 12 * Sec. 20. AS 08.68.270 is amended by adding new subsections to read: 13 (b) The board shall revoke for life a license or refuse to issue or renew a 14 license if the board determines that the person has been convicted, including a 15 conviction based on a guilty plea or plea of nolo contendere, of a crime under 16 AS 11.41.340 - 11.41.355. 17 (c) A person licensed under this chapter shall notify the board if the person has 18 been convicted, including a conviction based on a guilty plea or plea of nolo 19 contendere, of a felony or other crime that may result in grounds for disciplinary 20 sanctions under (a)(2) or (12) of this section. 21 * Sec. 21. AS 08.80.110 is amended to read: 22 Sec. 08.80.110. Qualifications for licensure by examination. An applicant 23 for licensure as a pharmacist shall 24 (1) be fluent in the reading, writing, and speaking of the English 25 language; 26 (2) furnish the board with at least two affidavits from reputable 27 citizens that the applicant has known for at least one year attesting to the applicant's 28 good moral character; 29 (3) be a graduate of a college in a degree program approved by the 30 board; 31 (4) pass an examination or examinations given by the board or
01 acceptable to the board under the score transfer process administered by the National 02 Association of Boards of Pharmacy; 03 (5) have completed internship training or another program that has 04 been approved by the board or demonstrated to the board's satisfaction that the 05 applicant has experience in the practice of pharmacy that meets or exceeds the 06 minimum internship requirements of the board; 07 (6) affirm that the applicant has not been convicted, including a 08 conviction based on a guilty plea or plea of nolo contendere, of a crime under 09 AS 11.41.340 - 11.41.355. 10 * Sec. 22. AS 08.80.145 is amended to read: 11 Sec. 08.80.145. Reciprocity; license transfer. If another jurisdiction allows 12 licensure in that jurisdiction of a pharmacist licensed in this state under conditions 13 similar to those in this section, the board may license as a pharmacist in this state a 14 person licensed as a pharmacist in the other jurisdiction if the person 15 (1) submits a written application to the board on a form required by the 16 board; 17 (2) is at least 18 years of age; 18 (3) is of good moral character; 19 (4) possesses at the time of the request for licensure as a pharmacist in 20 this state the qualifications necessary to be eligible for licensure in this state; 21 (5) has engaged in the practice of pharmacy for at least one year or has 22 met the internship requirements of this state within the one-year period immediately 23 before applying for a license under this section; 24 (6) presents proof satisfactory to the board that the person is currently 25 licensed as a pharmacist in the other jurisdiction and does not currently have a 26 pharmacist license suspended, revoked, or otherwise restricted except for failure to 27 apply for renewal or failure to obtain the required continuing education credits; 28 (7) has passed an examination approved by the board that tests the 29 person's knowledge of Alaska laws relating to pharmacies and pharmacists and the 30 regulations adopted under those laws; [AND] 31 (8) pays all required fees; and
01 (9) has not been convicted, including a conviction based on a guilty 02 plea or plea of nolo contendere, of a law or ordinance of this or another 03 jurisdiction with elements similar to a crime listed under AS 11.41.340 - 04 11.41.355. 05 * Sec. 23. AS 08.80.261 is amended by adding new subsections to read: 06 (c) The board shall revoke for life a license or refuse to issue or renew a 07 license if the board determines that the applicant or licensee has been convicted, 08 including a conviction based on a guilty plea or plea of nolo contendere, of a crime 09 under AS 11.41.340 - 11.41.355. 10 (d) A licensee or an applicant shall notify the board if the licensee or applicant 11 has been convicted, including a conviction based on a guilty plea or plea of nolo 12 contendere, of a felony or other crime that may result in grounds for disciplinary 13 sanctions under (a)(4) or (10) of this section. 14 * Sec. 24. AS 08.86.130(a) is amended to read: 15 (a) The board shall issue a psychologist license to a person who 16 (1) holds an earned doctorate degree, from an academic institution 17 whose program of graduate study for a doctorate degree in psychology meets the 18 criteria established by the board by regulation, in 19 (A) clinical psychology; 20 (B) counseling psychology; or 21 (C) education in a field of specialization considered equivalent 22 by the board; 23 (2) has not engaged in dishonorable conduct related to the practice of 24 counseling or psychometry; 25 (3) has one year of post doctoral supervised experience approved by 26 the board; [AND] 27 (4) takes and passes the objective examination developed or approved 28 by the board; and 29 (5) has not been convicted, including a conviction based on a guilty 30 plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 31 * Sec. 25. AS 08.86.160(a) is amended to read:
01 (a) The board shall issue a psychological associate license to a person who 02 (1) holds an earned master's degree from an academic institution 03 whose program of graduate study for a master's degree in psychology meets the 04 criteria established by the board by regulation in 05 (A) clinical psychology; 06 (B) counseling psychology; or 07 (C) education in a field of specialization considered equivalent 08 by the board; 09 (2) has not engaged in dishonorable conduct related to the practice of 10 counseling or psychometry; 11 (3) has two years of post master's supervised experience approved by 12 the board; [AND] 13 (4) takes and passes the objective examination developed or approved 14 by the board for psychological associates; and 15 (5) has not been convicted, including a conviction based on a guilty 16 plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 17 * Sec. 26. AS 08.86.204 is amended by adding new subsections to read: 18 (e) The board shall revoke for life a license or refuse to issue or renew a 19 license if the board determines that the person has been convicted, including a 20 conviction based on a guilty plea or plea of nolo contendere, of a crime under 21 AS 11.41.340 - 11.41.355. 22 (f) A person licensed under this chapter shall notify the board if the licensee 23 has been convicted, including a conviction based on a guilty plea or plea of nolo 24 contendere, of a felony or other crime that may result in grounds for disciplinary 25 sanctions under (a)(4) of this section. 26 * Sec. 27. AS 08.95.050 is amended by adding new subsections to read: 27 (d) The board shall revoke for life a license or refuse to issue or renew a 28 license if the board determines that the person has been convicted, including a 29 conviction based on a guilty plea or plea of nolo contendere, of a crime under 30 AS 11.41.340 - 11.41.355. 31 (e) A licensee shall notify the board if the licensee has been convicted,
01 including a conviction based on a guilty plea or plea of nolo contendere, of a felony or 02 other crime that may result in grounds for disciplinary sanctions under (a)(7) of this 03 section. 04 * Sec. 28. AS 08.95.110(a) is amended to read: 05 (a) The board shall issue a license to practice clinical social work to a person 06 who 07 (1) has received a master's degree or a doctoral degree in social work 08 from a college or university approved by the board; 09 (2) has completed, within the 10 years before application for licensure 10 and under the supervision of a licensed clinical social worker, licensed psychologist, 11 or licensed psychiatrist either 12 (A) a minimum of two years of continuous full-time 13 employment in postgraduate clinical social work; or 14 (B) a minimum of 3,000 hours of less than full-time 15 employment in a period of not less than two years in postgraduate clinical 16 social work; 17 (3) is of good moral character; 18 (4) is in good professional standing and is fit to practice social work as 19 determined by the board; 20 (5) has provided three professional references that are acceptable to the 21 board, including, if the applicant 22 (A) was previously employed to practice social work, one 23 reference from a person who was the applicant's employer while practicing 24 social work unless the applicant demonstrates to the satisfaction of the board 25 that the applicant is unable to satisfy the requirement of this subparagraph 26 through no fault of the applicant; and 27 (B) is currently employed to practice social work, a reference 28 from the applicant's current employer; 29 (6) has satisfactorily completed the examination given by the board for 30 clinical social worker licensing; [AND] 31 (7) has paid required fees; and
01 (8) has not been convicted, including a conviction based on a guilty 02 plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 03 * Sec. 29. AS 08.95.120(a) is amended to read: 04 (a) The board shall issue a license to practice clinical social work if the 05 applicant 06 (1) holds a current license to practice clinical social work in another 07 jurisdiction that, at the time of original issuance of the license, had requirements for 08 licensure equal to or more stringent than those of this state; 09 (2) is not the subject of an unresolved complaint or disciplinary action 10 before a regulatory authority or a professional social work association; 11 (3) has provided three professional references that are acceptable to the 12 board, including, if the applicant 13 (A) was previously employed to practice social work, one 14 reference from a person who was the applicant's employer while practicing 15 social work unless the applicant demonstrates to the satisfaction of the board 16 that the applicant is unable to satisfy the requirement of this subparagraph 17 through no fault of the applicant; and 18 (B) is currently employed to practice social work, a reference 19 from the applicant's current employer; 20 (4) has not had a license to practice clinical social work revoked, 21 suspended, or surrendered in lieu of disciplinary action in this state or another 22 jurisdiction; 23 (5) has submitted proof of continued competency satisfactory to the 24 board; [AND] 25 (6) has paid required fees; and 26 (7) has not been convicted of a law or ordinance of this or another 27 jurisdiction with elements substantially similar to a crime listed under 28 AS 11.41.340 - 11.41.355. 29 * Sec. 30. AS 09.25.400 is amended to read: 30 Sec. 09.25.400. Privilege relating to domestic violence, sex trafficking, and 31 sexual assault counseling. Confidential communications between a victim of
01 domestic violence, sex trafficking, or sexual assault and a victim counselor are 02 privileged under AS 18.66.200 - 18.66.250. 03 * Sec. 31. AS 11.31.120(h)(2) is amended to read: 04 (2) "serious felony offense" means an offense 05 (A) against the person under AS 11.41, punishable as an 06 unclassified or class A felony; 07 (B) involving controlled substances under AS 11.71, 08 punishable as an unclassified, class A, or class B felony; 09 (C) that is criminal mischief in the first degree under 10 AS 11.46.475; 11 (D) that is terroristic threatening in the first degree under 12 AS 11.56.807; 13 (E) that is human trafficking in the first degree under 14 AS 11.41.360; 15 (F) that is sex trafficking in the first degree under AS 11.41.340 16 [AS 11.66.110]; or 17 (G) that is arson in the first degree under AS 11.46.400 or arson 18 in the second degree under AS 11.46.410. 19 * Sec. 32. AS 11.41 is amended by adding new sections to read: 20 Sec. 11.41.340. Sex trafficking in the first degree. (a) A person commits the 21 crime of sex trafficking in the first degree if the person 22 (1) as other than a patron of a victim of sex trafficking, induces or 23 causes another person to engage in a commercial sexual act through the use of force or 24 threat of force against any person; or 25 (2) violates AS 11.41.345 and the person induced or caused to engage 26 in the commercial sexual act is 27 (A) under 21 years of age; or 28 (B) in that person's legal custody. 29 (b) Sex trafficking in the first degree is an unclassified felony. 30 Sec. 11.41.345. Sex trafficking in the second degree. (a) A person commits 31 the crime of sex trafficking in the second degree if, as other than a patron of a victim
01 of sex trafficking and with the intent to promote sex trafficking, the person induces or 02 causes another person to engage in a commercial sexual act. 03 (b) Sex trafficking in the second degree is a class A felony. 04 Sec. 11.41.350. Sex trafficking in the third degree. (a) A person commits the 05 crime of sex trafficking in the third degree if, as other than a patron of a victim of sex 06 trafficking, the person provides services, resources, or other assistance in furtherance 07 of a violation of AS 11.41.340 or 11.41.345. 08 (b) Sex trafficking in the third degree is a 09 (1) class B felony if the value of the services, resources, or other 10 assistance provided is $200 or more; or 11 (2) class C felony if the value of the services, resources, or other 12 assistance provided is less than $200. 13 Sec. 11.41.355. Patron of a victim of sex trafficking. (a) A person commits 14 the crime of patron of a victim of sex trafficking if the person solicits a commercial 15 sexual act 16 (1) with reckless disregard that the person engaging in the sexual act is 17 a victim of sex trafficking; or 18 (2) from a person who is under 18 years of age. 19 (b) In a prosecution under (a)(2) of this section, it is an affirmative defense 20 that, at the time of the alleged offense, the defendant 21 (1) reasonably believed the person to be 18 years of age or older; and 22 (2) undertook reasonable measures to verify that the person was 18 23 years of age or older. 24 (c) Patron of a victim of sex trafficking is a 25 (1) class B felony if the person violates (a)(2) of this section; 26 (2) class C felony if the person violates (a)(1) of this section. 27 Sec. 11.41.357. Inducing or causing a person to engage in a commercial 28 sexual act. For purposes of AS 11.41.340 - 11.41.355, a person induces or causes 29 another person to engage in a commercial sexual act including by 30 (1) exposing or threatening to expose confidential information or a 31 secret, whether true or false, that would subject a person to hatred, contempt, or
01 ridicule; 02 (2) destroying, concealing, or threatening to destroy or conceal an 03 actual or purported passport or immigration document or another actual or purported 04 identification document of any person; 05 (3) threatening to report a person to a government agency for the 06 purpose of arrest or deportation; 07 (4) threatening to collect a debt; 08 (5) instilling in a person a fear that lodging, food, clothing, or 09 medication will be withheld from any person; 10 (6) providing a controlled substance to or withholding a controlled 11 substance from the other person; or 12 (7) engaging in deception as defined in AS 11.81.900(b). 13 * Sec. 33. AS 11.41.360(a) is amended to read: 14 (a) A person commits the crime of human trafficking in the first degree if, 15 under circumstances not proscribed under AS 11.41.340 - 11.41.357, the person 16 (1) [COMPELS OR] induces or causes another person to engage in 17 [SEXUAL CONDUCT,] adult entertainment [,] or labor [IN THE STATE] by force or 18 threat of force against any person; or 19 (2) violates AS 11.41.365 and the victim is under 21 years of age [, 20 OR BY DECEPTION]. 21 * Sec. 34. AS 11.41.360(c) is amended to read: 22 (c) Human trafficking in the first degree is an unclassified [A CLASS A] 23 felony. 24 * Sec. 35. AS 11.41.365 is amended to read: 25 Sec. 11.41.365. Human trafficking in the second degree. (a) A person 26 commits the crime of human trafficking in the second degree if, under circumstances 27 not proscribed under AS 11.41.340 - 11.41.357, and with the intent to promote 28 human trafficking, the person induces or causes another person to engage in adult 29 entertainment or labor by 30 (1) exposing or threatening to expose confidential information or a 31 secret, whether true or false, tending to subject a person to hatred, contempt, or
01 ridicule; 02 (2) destroying, concealing, or threatening to destroy or conceal an 03 actual or purported passport or immigration document or another actual or 04 purported identification document of any person; 05 (3) threatening to report a person to a government agency for the 06 purpose of arrest or deportation; 07 (4) threatening to collect a debt; 08 (5) instilling in a person a fear that lodging, food, clothing, or 09 medication will be withheld from any person; 10 (6) providing a controlled substance to or withholding a controlled 11 substance from the other person; or 12 (7) engaging in deception as defined in AS 11.81.900(b) [OBTAINS 13 A BENEFIT FROM THE COMMISSION OF HUMAN TRAFFICKING UNDER 14 AS 11.41.360, WITH RECKLESS DISREGARD THAT THE BENEFIT IS A 15 RESULT OF THE TRAFFICKING]. 16 (b) Human trafficking in the second degree is a class A [B] felony. 17 * Sec. 36. AS 11.41 is amended by adding new sections to read: 18 Sec. 11.41.366. Human trafficking in the third degree. (a) A person 19 commits the crime of human trafficking in the third degree if the person provides 20 services, resources, or other assistance with the intent to promote a violation of 21 AS 11.41.360 or 11.41.365. 22 (b) Human trafficking in the third degree is a 23 (1) class B felony if the value of the services, resources, or other 24 assistance provided is $200 or more; 25 (2) class C felony if the value of the services, resources, or other 26 assistance provided is less than $200. 27 Sec. 11.41.367. Applicability of AS 11.41.360 - 11.41.366. AS 11.41.360 - 28 11.41.366 do not apply to acts that may reasonably be construed to be a normal 29 caretaker request of a child or a normal interaction with a child. 30 Sec. 11.41.369. Forfeiture. (a) Property used to institute, aid, or facilitate, or 31 received or derived from, a violation of AS 11.41.340 - 11.41.366, including real
01 property, may be forfeited at sentencing. 02 (b) The legislature may appropriate funds received from the sale of property 03 forfeited under (a) of this section for an offense under AS 11.41.340 - 11.41.357 to 04 programs that provide resources to victims of sex trafficking. 05 * Sec. 37. AS 11.41.530(a) is amended to read: 06 (a) A person commits the crime of coercion if, under circumstances not 07 proscribed under AS 11.41.340 - 11.41.366 or 11.41.410 - 11.41.427 [AS 11.41.410 - 08 11.41.427], the person compels another to engage in conduct from which there is a 09 legal right to abstain or abstain from conduct in which there is a legal right to engage, 10 by means of instilling in the person who is compelled a fear that, if the demand is not 11 complied with, the person who makes the demand or another may 12 (1) inflict physical injury on anyone, except under circumstances 13 constituting robbery in any degree, or commit any other crime; 14 (2) accuse anyone of a crime; 15 (3) expose confidential information or a secret, whether true or false, 16 tending to subject a person to hatred, contempt, or ridicule or to impair the person's 17 credit or business repute; 18 (4) take or withhold action as a public servant or cause a public servant 19 to take or withhold action; 20 (5) bring about or continue a strike, boycott, or other collective 21 unofficial action, if the property is not demanded or received for the benefit of the 22 group in whose interest the person making the threat or suggestion purports to act; 23 (6) testify or provide information or withhold testimony or information 24 with respect to a person's legal claim or defense. 25 * Sec. 38. AS 11.66 is amended by adding new sections to read: 26 Sec. 11.66.101. Prostitution in the first degree. (a) A person commits the 27 crime of prostitution in the first degree if the person manages, supervises, controls, or 28 owns, either alone or in association with others, a prostitution enterprise or a place of 29 prostitution. 30 (b) Prostitution in the first degree is a class B felony. 31 Sec. 11.66.102. Prostitution in the second degree. (a) A person commits the
01 crime of prostitution in the second degree if the person violates AS 11.66.104 and, 02 within the preceding five years, the person has been previously convicted on two or 03 more separate occasions in this or another jurisdiction of an offense under 04 AS 11.66.104 or an offense under another law or ordinance in this or another 05 jurisdiction with similar elements. 06 (b) Prostitution in the second degree is a class C felony. 07 Sec. 11.66.104. Prostitution in the third degree. (a) A person commits the 08 crime of prostitution in the third degree if the person offers a fee in exchange for 09 sexual conduct. 10 (b) Prostitution in the third degree is a class A misdemeanor. 11 Sec. 11.66.106. Prostitution in the fourth degree. (a) A person commits the 12 crime of prostitution in the fourth degree if the person engages in or agrees or offers to 13 engage in sexual conduct in exchange for a fee. 14 (b) A person may not be prosecuted under this section if the 15 (1) person witnessed or was a victim of, and reported to law 16 enforcement in good faith, one or more of the following crimes: 17 (A) murder in the first degree under AS 11.41.100; 18 (B) murder in the second degree under AS 11.41.110; 19 (C) manslaughter under AS 11.41.120; 20 (D) criminally negligent homicide under AS 11.41.130; 21 (E) assault in the first degree under AS 11.41.200; 22 (F) assault in the second degree under AS 11.41.210; 23 (G) assault in the third degree under AS 11.41.220; 24 (H) assault in the fourth degree under AS 11.41.230; 25 (I) sex trafficking in the first degree under AS 11.41.340; 26 (J) sex trafficking in the second degree under AS 11.41.345; 27 (K) sex trafficking in the third degree under AS 11.41.350; 28 (L) patron of a victim of sex trafficking under AS 11.41.355; 29 (M) sexual assault in the first degree under AS 11.41.410; 30 (N) sexual assault in the second degree under AS 11.41.420; 31 (O) sexual assault in the third degree under AS 11.41.425;
01 (P) sexual assault in the fourth degree under AS 11.41.427; 02 (Q) sexual abuse of a minor in the first degree under 03 AS 11.41.434; 04 (R) sexual abuse of a minor in the second degree under 05 AS 11.41.436; 06 (S) sexual abuse of a minor in the third degree under 07 AS 11.41.438; 08 (T) sexual abuse of a minor in the fourth degree under 09 AS 11.41.440; 10 (U) robbery in the first degree under AS 11.41.500; 11 (V) robbery in the second degree under AS 11.41.510; 12 (W) extortion under AS 11.41.520; 13 (X) coercion under AS 11.41.530; 14 (Y) distribution of child pornography under AS 11.61.125; or 15 (Z) possession of child pornography under AS 11.61.127; 16 (2) evidence supporting the prosecution under (a) of this section was 17 obtained or discovered as a result of the person reporting the crime to law 18 enforcement; and 19 (3) person cooperated with law enforcement personnel. 20 (c) Prostitution in the fourth degree is a class B misdemeanor. 21 * Sec. 39. AS 11.66.145 is amended to read: 22 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 23 received or derived from, a violation of AS 11.66.101 - 11.66.106 [AS 11.66.100(e) 24 OR 11.66.110 - 11.66.135] may be forfeited at sentencing. 25 * Sec. 40. AS 11.66.150(2) is amended to read: 26 (2) "place of prostitution" means any place where a person, other than 27 a proprietor of the place, engages in sexual conduct in return for a fee; 28 * Sec. 41. AS 11.66.150 is amended by adding a new paragraph to read: 29 (5) "fee" does not include payment for reasonably apportioned shared 30 expenses of a residence. 31 * Sec. 42. AS 11.81.250(a) is amended to read:
01 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 02 title, except murder in the first and second degree, attempted murder in the first 03 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 04 in the first degree, murder of an unborn child, human trafficking in the first degree, 05 sexual assault in the first degree, sexual abuse of a minor in the first degree, 06 misconduct involving a controlled substance in the first degree, sex trafficking in the 07 first degree [UNDER AS 11.66.110(a)(2)], and kidnapping, are classified on the basis 08 of their seriousness, according to the type of injury characteristically caused or risked 09 by commission of the offense and the culpability of the offender. Except for murder in 10 the first and second degree, attempted murder in the first degree, solicitation to 11 commit murder in the first degree, conspiracy to commit murder in the first degree, 12 murder of an unborn child, human trafficking in the first degree, sexual assault in 13 the first degree, sexual abuse of a minor in the first degree, misconduct involving a 14 controlled substance in the first degree, sex trafficking in the first degree [UNDER 15 AS 11.66.110(a)(2)], and kidnapping, the offenses in this title are classified into the 16 following categories: 17 (1) class A felonies, which characteristically involve conduct resulting 18 in serious physical injury or a substantial risk of serious physical injury to a person; 19 (2) class B felonies, which characteristically involve conduct resulting 20 in less severe violence against a person than class A felonies, aggravated offenses 21 against property interests, or aggravated offenses against public administration or 22 order; 23 (3) class C felonies, which characteristically involve conduct serious 24 enough to deserve felony classification but not serious enough to be classified as A or 25 B felonies; 26 (4) class A misdemeanors, which characteristically involve less severe 27 violence against a person, less serious offenses against property interests, less serious 28 offenses against public administration or order, or less serious offenses against public 29 health and decency than felonies; 30 (5) class B misdemeanors, which characteristically involve a minor 31 risk of physical injury to a person, minor offenses against property interests, minor
01 offenses against public administration or order, or minor offenses against public health 02 and decency; 03 (6) violations, which characteristically involve conduct inappropriate 04 to an orderly society but which do not denote criminality in their commission. 05 * Sec. 43. AS 11.81.250(b) is amended to read: 06 (b) The classification of each felony defined in this title, except murder in the 07 first and second degree, attempted murder in the first degree, solicitation to commit 08 murder in the first degree, conspiracy to commit murder in the first degree, murder of 09 an unborn child, human trafficking in the first degree, sexual assault in the first 10 degree, sexual abuse of a minor in the first degree, misconduct involving a controlled 11 substance in the first degree, sex trafficking in the first degree [UNDER 12 AS 11.66.110(a)(2)], and kidnapping, is designated in the section defining it. A felony 13 under the law of this state defined outside this title for which no penalty is specifically 14 provided is a class C felony. 15 * Sec. 44. AS 11.81.900(b) is amended by adding new paragraphs to read: 16 (69) "adult entertainment" means an activity in which one or more 17 individuals are employed, contracted, or permitted to, wholly or in part, entertain 18 others by 19 (A) removing clothes or other items that clothe or hide the 20 person's body; 21 (B) dancing or in any other manner exhibiting the individual's 22 body in a completely or almost completely unclothed state; 23 (C) participating in a simulated illegal, indecent, or lewd 24 exhibition, act, or practice, including simulated 25 (i) sexual penetration; 26 (ii) the lewd exhibition or touching of a person's 27 genitals, anus, or breast; or 28 (iii) bestiality; 29 (70) "commercial sexual act" means a sexual act for which anything of 30 value is given or received by any person; 31 (71) "services, resources, or other assistance" includes financial
01 support, business services, lodging, transportation, providing false identification 02 documents or other documentation, equipment, facilities, or any other service or 03 property, regardless of whether a person is compensated; 04 (72) "sexual act" means sexual penetration or sexual contact; 05 (73) "victim of sex trafficking" means a person who has been induced 06 or caused to engage in a commercial sexual act under AS 11.41.340 - 11.41.350. 07 * Sec. 45. AS 12.10.010 is amended to read: 08 Sec. 12.10.010. General time limitations. (a) Prosecution for the following 09 offenses may be commenced at any time: 10 (1) murder; 11 (2) attempt, solicitation, or conspiracy to commit murder or hindering 12 the prosecution of murder; 13 (3) felony sexual abuse of a minor; 14 (4) sexual assault that is an unclassified, class A, or class B felony or a 15 violation of AS 11.41.425(a)(2) - (4); 16 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 17 [AS 11.66.110 - 11.66.130,] or former AS 11.41.430, when committed against a 18 person who, at the time of the offense, was under 18 years of age; 19 (6) kidnapping; 20 (7) distribution of child pornography in violation of AS 11.61.125; 21 (8) sex trafficking violation of AS 11.41.340 or 11.41.345 22 [AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR CLASS B 23 FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT THE 24 TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE]; 25 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 26 (b) Except as otherwise provided by law or in (a) of this section, a person may 27 not be prosecuted, tried, or punished for an offense unless the indictment is found or 28 the information or complaint is instituted not later than 29 (1) 10 years after the commission of a felony offense in violation of 30 AS 11.41.120 - 11.41.330, 11.41.350, 11.41.366, 11.41.425(a)(1), 11.41.425(a)(5), 31 11.41.425(a)(6), or 11.41.450 - 11.41.458; or
01 (2) five years after the commission of any other offense. 02 * Sec. 46. AS 12.37.010 is amended to read: 03 Sec. 12.37.010. Authorization to intercept communications. The attorney 04 general, or a person designated in writing or by law to act for the attorney general, 05 may authorize, in writing, an ex parte application to a court of competent jurisdiction 06 for an order authorizing the interception of a private communication if the interception 07 may provide evidence of, or may assist in the apprehension of persons who have 08 committed, are committing, or are planning to commit, the following offenses: 09 (1) murder in the first or second degree under AS 11.41.100 - 10 11.41.110; 11 (2) kidnapping under AS 11.41.300; 12 (3) a class A or unclassified felony drug offense under AS 11.71; 13 (4) sex trafficking in the first or second degree under AS 11.41.340 or 14 11.41.345 [AS 11.66.110 AND 11.66.120]; or 15 (5) human trafficking [IN THE FIRST DEGREE] under AS 11.41.360 16 or 11.41.365. 17 * Sec. 47. AS 12.45.049 is amended to read: 18 Sec. 12.45.049. Privilege relating to domestic violence, sex trafficking, and 19 sexual assault counseling. Confidential communications between a victim of 20 domestic violence, sex trafficking, or sexual assault and a victim counselor are 21 privileged under AS 18.66.200 - 18.66.250. 22 * Sec. 48. AS 12.55.015 is amended by adding a new subsection to read: 23 (m) In addition to the penalties authorized by this section, if a defendant holds 24 a business license and is convicted of an offense under AS 11.41.340 - 11.41.366, and 25 the defendant used the business in furtherance of the offense, the court shall revoke the 26 defendant's business license. 27 * Sec. 49. AS 12.55.035(b) is amended to read: 28 (b) Upon conviction of an offense, a defendant who is not an organization may 29 be sentenced to pay, unless otherwise specified in the provision of law defining the 30 offense, a fine of not more than 31 (1) $500,000 for murder in the first or second degree, attempted
01 murder in the first degree, murder of an unborn child, human trafficking in the first 02 degree, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), 03 sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first 04 degree [UNDER AS 11.66.110(a)(2)], or misconduct involving a controlled substance 05 in the first degree; 06 (2) $250,000 for a class A felony; 07 (3) $100,000 for a class B felony; 08 (4) $50,000 for a class C felony; 09 (5) $25,000 for a class A misdemeanor; 10 (6) $2,000 for a class B misdemeanor; 11 (7) $500 for a violation. 12 * Sec. 50. AS 12.55.078(f) is amended to read: 13 (f) The court may not suspend the imposition or entry of judgment and may 14 not defer prosecution under this section of a person who 15 (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 16 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 17 AS 11.46.400, AS 11.61.125 - 11.61.128, AS 11.66.101, or 11.66.102 [OR 18 AS 11.66.110 - 11.66.135]; 19 (2) uses a firearm in the commission of the offense for which the 20 person is charged; 21 (3) has previously been granted a suspension of judgment under this 22 section or a similar statute in another jurisdiction, unless the court enters written 23 findings that by clear and convincing evidence the person's prospects for rehabilitation 24 are high and suspending judgment under this section adequately protects the victim of 25 the offense, if any, and the community; 26 (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 27 and the person has one or more prior convictions for a misdemeanor violation of 28 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 29 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 30 felony in this state; for the purposes of this paragraph, a person shall be considered to 31 have a prior conviction even if
01 (A) the charges were dismissed under this section; 02 (B) the conviction has been set aside under AS 12.55.085; or 03 (C) the charge or conviction was dismissed or set aside under 04 an equivalent provision of the laws of another jurisdiction; or 05 (5) is charged with a crime involving domestic violence, as defined in 06 AS 18.66.990. 07 * Sec. 51. AS 12.55.085(f) is amended to read: 08 (f) The court may not suspend the imposition of sentence of a person who 09 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 10 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 11 AS 11.46.400, AS 11.61.125 - 11.61.128, AS 11.66.101, or 11.66.102 [OR 12 AS 11.66.110 - 11.66.135]; 13 (2) uses a firearm in the commission of the offense for which the 14 person is convicted; or 15 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 16 and the person has one or more prior convictions for a misdemeanor violation of 17 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 18 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 19 felony in this state; for the purposes of this paragraph, a person shall be considered to 20 have a prior conviction even if that conviction has been set aside under (e) of this 21 section or under the equivalent provision of the laws of another jurisdiction. 22 * Sec. 52. AS 12.55.125(b) is amended to read: 23 (b) A defendant convicted of attempted murder in the first degree, solicitation 24 to commit murder in the first degree, conspiracy to commit murder in the first degree, 25 kidnapping, human trafficking in the first degree, or misconduct involving a 26 controlled substance in the first degree shall be sentenced to a definite term of 27 imprisonment of at least five years but not more than 99 years. A defendant convicted 28 of murder in the second degree or murder of an unborn child under 29 AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at 30 least 15 years but not more than 99 years. A defendant convicted of murder in the 31 second degree shall be sentenced to a definite term of imprisonment of at least 20
01 years but not more than 99 years when the defendant is convicted of the murder of a 02 child under 16 years of age and the court finds by clear and convincing evidence that 03 the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal 04 guardian, or a person occupying a position of authority in relation to the child; or (2) 05 caused the death of the child by committing a crime against a person under 06 AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 07 authority" have the meanings given in AS 11.41.470. 08 * Sec. 53. AS 12.55.125(i) is amended to read: 09 (i) A defendant convicted of 10 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 11 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 12 under AS 11.41.455(c)(2), or sex trafficking in the first degree [UNDER 13 AS 11.66.110(a)(2)] may be sentenced to a definite term of imprisonment of not more 14 than 99 years and shall be sentenced to a definite term within the following 15 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 16 (A) if the offense is a first felony conviction, the offense does 17 not involve circumstances described in (B) of this paragraph, and the victim 18 was 19 (i) less than 13 years of age, 25 to 35 years; 20 (ii) 13 years of age or older, 20 to 30 years; 21 (B) if the offense is a first felony conviction and the defendant 22 possessed a firearm, used a dangerous instrument, or caused serious physical 23 injury during the commission of the offense, 25 to 35 years; 24 (C) if the offense is a second felony conviction and does not 25 involve circumstances described in (D) of this paragraph, 30 to 40 years; 26 (D) if the offense is a second felony conviction and the 27 defendant has a prior conviction for a sexual felony, 35 to 45 years; 28 (E) if the offense is a third felony conviction and the defendant 29 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 30 to 60 years; 31 (F) if the offense is a third felony conviction, the defendant is
01 not subject to sentencing under (l) of this section, and the defendant has two 02 prior convictions for sexual felonies, 99 years; 03 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), sex 04 trafficking in the second degree, unlawful exploitation of a minor under 05 AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), or attempt, 06 conspiracy, or solicitation to commit sexual assault in the first degree under 07 AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, 08 unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex trafficking in the 09 first degree [UNDER AS 11.66.110(a)(2)] may be sentenced to a definite term of 10 imprisonment of not more than 99 years and shall be sentenced to a definite term 11 within the following presumptive ranges, subject to adjustment as provided in 12 AS 12.55.155 - 12.55.175: 13 (A) if the offense is a first felony conviction, the offense does 14 not involve circumstances described in (B) of this paragraph, and the victim 15 was 16 (i) under 13 years of age, 20 to 30 years; 17 (ii) 13 years of age or older, 15 to 30 years; 18 (B) if the offense is a first felony conviction and the defendant 19 possessed a firearm, used a dangerous instrument, or caused serious physical 20 injury during the commission of the offense, 25 to 35 years; 21 (C) if the offense is a second felony conviction and does not 22 involve circumstances described in (D) of this paragraph, 25 to 35 years; 23 (D) if the offense is a second felony conviction and the 24 defendant has a prior conviction for a sexual felony, 30 to 40 years; 25 (E) if the offense is a third felony conviction, the offense does 26 not involve circumstances described in (F) of this paragraph, and the defendant 27 is not subject to sentencing under (l) of this section, 35 to 50 years; 28 (F) if the offense is a third felony conviction, the defendant is 29 not subject to sentencing under (l) of this section, and the defendant has two 30 prior convictions for sexual felonies, 99 years; 31 (3) sex trafficking in the third degree under AS 11.41.350(b)(1),
01 patron of a victim of sex trafficking under AS 11.41.355(c)(1), sexual assault in the 02 second degree, sexual abuse of a minor in the second degree, enticement of a minor 03 under AS 11.41.452(d), indecent exposure in the first degree under 04 AS 11.41.458(b)(2), indecent viewing or production of a picture under 05 AS 11.61.123(g)(1), distribution of child pornography under AS 11.61.125(e)(2), or 06 attempt, conspiracy, or solicitation to commit sexual assault in the first degree under 07 AS 11.41.410(a)(1)(B), sex trafficking in the second degree, unlawful exploitation 08 of a minor under AS 11.41.455(c)(1), or enticement of a minor under 09 AS 11.41.452(e) may be sentenced to a definite term of imprisonment of not more 10 than 99 years and shall be sentenced to a definite term within the following 11 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 12 (A) if the offense is a first felony conviction, five to 15 years; 13 (B) if the offense is a second felony conviction and does not 14 involve circumstances described in (C) of this paragraph, 10 to 25 years; 15 (C) if the offense is a second felony conviction and the 16 defendant has a prior conviction for a sexual felony, 15 to 30 years; 17 (D) if the offense is a third felony conviction and does not 18 involve circumstances described in (E) of this paragraph, 20 to 35 years; 19 (E) if the offense is a third felony conviction and the defendant 20 has two prior convictions for sexual felonies, 99 years; 21 (4) sex trafficking in the third degree under AS 11.41.350(b)(2), 22 patron of a victim of sex trafficking under AS 11.41.355(c)(2), sexual assault in the 23 third degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), 24 incest, indecent exposure in the first degree under AS 11.41.458(b)(1), indecent 25 viewing or production of a picture under AS 11.61.123(g)(2) [AS 11.61.123(f)(1) OR 26 (2)], possession of child pornography, distribution of child pornography under 27 AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sex trafficking 28 in the third degree under AS 11.41.350(b)(1), patron of a victim of sex trafficking 29 under AS 11.41.355(c)(1), sexual assault in the second degree, sexual abuse of a 30 minor in the second degree, indecent viewing or production of a picture under 31 AS 11.61.123(g)(1), [UNLAWFUL EXPLOITATION OF A MINOR,] or distribution
01 of child pornography under AS 11.61.125(e)(2), may be sentenced to a definite term 02 of imprisonment of not more than 99 years and shall be sentenced to a definite term 03 within the following presumptive ranges, subject to adjustment as provided in 04 AS 12.55.155 - 12.55.175: 05 (A) if the offense is a first felony conviction and does not 06 involve the circumstances described in (B) or (C) of this paragraph, two to 12 07 years; 08 (B) if the offense is a first felony conviction under 09 AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 10 paragraph, four to 12 years; 11 (C) if the offense is a first felony conviction under 12 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 13 a mechanism for multi-party sharing or distribution of child pornography, or 14 received a financial benefit or had a financial interest in a child pornography 15 sharing or distribution mechanism, six to 14 years; 16 (D) if the offense is a second felony conviction and does not 17 involve circumstances described in (E) of this paragraph, eight to 15 years; 18 (E) if the offense is a second felony conviction and the 19 defendant has a prior conviction for a sexual felony, 12 to 20 years; 20 (F) if the offense is a third felony conviction and does not 21 involve circumstances described in (G) of this paragraph, 15 to 25 years; 22 (G) if the offense is a third felony conviction and the defendant 23 has two prior convictions for sexual felonies, 99 years. 24 * Sec. 54. AS 12.55.135 is amended by adding a new subsection to read: 25 (q) A defendant convicted under AS 11.66.104 shall be sentenced to a 26 minimum term of imprisonment of 72 hours if the defendant has been previously 27 convicted once in the previous five years in this or another jurisdiction of an offense 28 under AS 11.66.104 or an offense under another law or ordinance with similar 29 elements. 30 * Sec. 55. AS 12.55.185(10) is amended to read: 31 (10) "most serious felony" means
01 (A) arson in the first degree, [SEX TRAFFICKING IN THE 02 FIRST DEGREE UNDER AS 11.66.110(a)(2),] enticement of a minor under 03 AS 11.41.452(e), or any unclassified or class A felony prescribed under 04 AS 11.41; or 05 (B) an attempt, or conspiracy to commit, or criminal 06 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 07 AS 11.41; 08 * Sec. 56. AS 12.55.185(16) is amended to read: 09 (16) "sexual felony" means sexual assault in the first degree, sexual 10 abuse of a minor in the first degree, sex trafficking in the first degree, sex trafficking 11 in the second degree, sexual assault in the second degree, sexual abuse of a minor in 12 the second degree, sex trafficking in the third degree, patron of a victim of sex 13 trafficking, sexual abuse of a minor in the third degree under AS 11.41.438(c), 14 unlawful exploitation of a minor, indecent viewing or production of a picture under 15 AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], distribution of child 16 pornography, sexual assault in the third degree, incest, indecent exposure in the first 17 degree, possession of child pornography, enticement of a minor, and felony attempt, 18 conspiracy, or solicitation to commit those crimes; 19 * Sec. 57. AS 12.61.125(a) is amended to read: 20 (a) The defendant accused of a sex [SEXUAL] offense, the defendant's 21 counsel, or an investigator or other person acting on behalf of the defendant, may not 22 (1) notwithstanding AS 12.61.120, contact the victim of the offense or 23 a witness to the offense if the victim or witness, or the parent or guardian of the victim 24 or witness if the victim or witness is a minor, has informed the defendant or the 25 defendant's counsel in writing or in person that the victim or witness does not wish to 26 be contacted by the defense; a victim or witness who has not informed the defendant 27 or the defendant's counsel in writing or in person that the victim does not wish to be 28 contacted by the defense is entitled to rights as provided in AS 12.61.120; 29 (2) obtain a statement from the victim of the offense or a witness to the 30 offense, unless, 31 (A) if the statement is taken as a recording, the recording is
01 taken in compliance with AS 12.61.120, and written authorization is first 02 obtained from the victim or witness, or from the parent or guardian of the 03 victim or witness if the victim or witness is a minor; the written authorization 04 must state that the victim or witness is aware that there is no legal requirement 05 that the victim or witness talk to the defense; or 06 (B) if the statement is not taken as a recording, written 07 authorization is first obtained from the victim or witness, or from the parent or 08 guardian of the victim or witness if the victim or witness is a minor; the written 09 authorization must state that the victim or witness is aware that there is no 10 legal requirement that the victim or witness talk to the defense; a victim or 11 witness making a statement under this subparagraph remains entitled to rights 12 as provided in AS 12.61.120. 13 * Sec. 58. AS 12.61.125(d) is amended by adding a new paragraph to read: 14 (3) "sex offense" has the meaning given in AS 12.63.100 and includes 15 a crime, or an attempt, solicitation, or conspiracy to commit a crime under 16 AS 11.41.440(a)(1). 17 * Sec. 59. AS 12.61.140 is amended to read: 18 Sec. 12.61.140. Disclosure of victim's name. (a) The portion of the records of 19 a court or law enforcement agency that contains the name of the victim of an offense 20 under AS 11.41.300(a)(1)(C) or a victim of a sex offense [11.41.410 - 11.41.460] 21 (1) shall be withheld from public inspection, except with the consent of 22 the court in which the case is or would be prosecuted; and 23 (2) is not a public record under AS 40.25.110 - 40.25.125. 24 (b) In all written court records open to public inspection, the name of the 25 victim of an offense under AS 11.41.300(a)(1)(C) or a victim of a sex offense 26 [11.41.410 - 11.41.460] may not appear. Instead, the victim's initials shall be used. 27 However, a sealed record containing the victim's name shall be kept by the court in 28 order to ensure that a defendant is not charged twice for the same offense. 29 * Sec. 60. AS 12.61.140 is amended by adding a new subsection to read: 30 (c) In this section, "sex offense" has the meaning given in AS 12.63.100 and 31 includes a crime, or an attempt, solicitation, or conspiracy to commit a crime, under
01 AS 11.41.440(a)(1). 02 * Sec. 61. AS 12.62.900(23) is amended to read: 03 (23) "serious offense" means a conviction for a violation or for an 04 attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 05 or of the laws of another jurisdiction with substantially similar elements: 06 (A) a felony offense; 07 (B) a crime involving domestic violence; 08 (C) AS 11.41.410 - 11.41.470; 09 (D) AS 11.51.130 or 11.51.200 - 11.56.210; 10 (E) AS 11.61.110(a)(7) or 11.61.125; 11 (F) AS 11.66.101 [AS 11.66.100 - 11.66.130]; 12 (G) former AS 11.15.120, former 11.15.134, or assault with the 13 intent to commit rape under former AS 11.15.160; or 14 (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 15 11.40.420, if committed before January 1, 1980. 16 * Sec. 62. AS 12.63.100(7) is amended to read: 17 (7) "sex offense" means 18 (A) a crime under AS 11.41.100(a)(3), or a similar law of 19 another jurisdiction, in which the person committed or attempted to commit a 20 sexual offense, or a similar offense under the laws of the other jurisdiction; in 21 this subparagraph, "sexual offense" has the meaning given in 22 AS 11.41.100(a)(3); 23 (B) a crime under AS 11.41.110(a)(3), or a similar law of 24 another jurisdiction, in which the person committed or attempted to commit 25 one of the following crimes, or a similar law of another jurisdiction: 26 (i) sexual assault in the first degree; 27 (ii) sexual assault in the second degree; 28 (iii) sexual abuse of a minor in the first degree; or 29 (iv) sexual abuse of a minor in the second degree; 30 (C) a crime, or an attempt, solicitation, or conspiracy to commit 31 a crime, under the following statutes or a similar law of another jurisdiction:
01 (i) AS 11.41.410 - 11.41.438; 02 (ii) AS 11.41.440(a)(2); 03 (iii) AS 11.41.450 - 11.41.458; 04 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 05 exposure is before a person under 16 years of age and the offender has 06 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 07 (v) AS 11.61.125 - 11.61.128; 08 (vi) former AS 11.66.110, former 11.66.130(a)(2)(B), 09 or AS 26.05.900(b) if the person who was induced or caused to engage 10 in prostitution was under 20 years of age at the time of the offense; 11 (vii) former AS 11.15.120, former 11.15.134, or assault 12 with the intent to commit rape under former AS 11.15.160, former 13 AS 11.40.110, or former 11.40.200; 14 (viii) AS 11.61.118(a)(2) if the offender has a previous 15 conviction for that offense; 16 (ix) [AS 11.66.100(a)(2) IF THE OFFENDER IS 17 SUBJECT TO PUNISHMENT UNDER AS 11.66.100(e); 18 (x)] AS 26.05.890 if the person engaged in sexual 19 penetration or sexual contact with the victim; 20 (x) [(xi)] AS 26.05.890 if, at the time of the offense, the 21 victim is under a duty to obey the lawful orders of the offender, 22 regardless of whether the offender is in the direct chain of command 23 over the victim; 24 (xi) [(xii)] AS 26.05.893 if the person engaged in sexual 25 penetration or sexual contact with the victim; 26 (xii) [(xiii)] AS 26.05.900(a)(1) - (4) if the victim is 27 under 18 years of age at the time of the offense; 28 (xiii) [(xiv)] AS 26.05.900 if, at the time of the offense, 29 the victim is under a duty to obey the lawful orders of the offender, 30 regardless of whether the offender is in the direct chain of command 31 over the victim; [OR]
01 (xiv) [(xv)] AS 11.61.123 if the offender is subject to 02 punishment under AS 11.61.123(g)(1) or (2); or 03 (xv) AS 11.41.340, 11.41.345, or 11.41.355 04 [AS 11.61.123(f)(1) OR (2)]; 05 (D) an offense, or an attempt, solicitation, or conspiracy to 06 commit an offense, under AS 26.05.935(b), or a similar law of another 07 jurisdiction, if the member of the militia commits one of the following 08 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 09 Code of Military Justice): 10 (i) child pornography; or 11 (ii) pandering and prostitution if the person who is 12 induced, enticed, caused, or procured to engage in a sexual act is under 13 21 [20] years of age at the time of the offense; or 14 (E) an offense in which the person is required to register as a 15 sex offender under the laws of another jurisdiction; 16 * Sec. 63. AS 12.72 is amended by adding new sections to read: 17 Sec. 12.72.100. Vacation of judgment of conviction for prostitution. A 18 person may petition the court to vacate the judgment if, at the time of the offense, the 19 person was or would have been a victim of sex trafficking as defined in 20 AS 11.81.900(b) and was convicted or adjudicated delinquent for prostitution under 21 former AS 11.66.100 or under AS 11.66.106 or a similar municipal ordinance. 22 Sec. 12.72.105. Filing of petition for vacation of judgment. (a) A person 23 seeking a vacation of judgment under this chapter shall file a petition with the clerk at 24 the court location where the underlying criminal case was filed and serve a copy on 25 the prosecuting authority responsible for obtaining the conviction. 26 (b) If the prosecuting authority does not file a response within 45 days after 27 service of the petition, the court may grant the vacation of judgment without further 28 proceedings. 29 Sec. 12.72.110. Limitations on petition for vacation of judgment. (a) A 30 person may file a petition under this chapter only after a judgment has been entered on 31 the person's case or, if the conviction was appealed, after the court's decision on the
01 case is final under the Alaska Rules of Appellate Procedure. 02 (b) An action for a petition for vacation of judgment under AS 12.72.100 does 03 not give rise to the right to a trial by jury. 04 Sec. 12.72.115. Presumption and burden of proof in vacation of judgment 05 proceedings. (a) The person petitioning the court for a vacation of judgment of 06 conviction or adjudication of delinquency for prostitution under former AS 11.66.100 07 or under AS 11.66.106 or a similar municipal ordinance must prove all factual 08 assertions by a preponderance of the evidence. 09 (b) There is a rebuttable presumption that a person who was under 21 years of 10 age at the time of an offense under AS 11.66.106 was or would have been a victim of 11 sex trafficking. 12 Sec. 12.72.120. Vacation of judgment. (a) If the court grants the petition for a 13 vacation of judgment, 14 (1) the judgment of conviction or adjudication of delinquency for 15 prostitution under former AS 11.66.100 or under AS 11.66.106 or a similar municipal 16 ordinance shall be vacated; 17 (2) the Alaska Court System may not publish on a publicly available 18 Internet website the court records of the conviction for prostitution under former 19 AS 11.66.100 or under AS 11.66.106 or a similar municipal ordinance if the person 20 was not convicted of a felony charge in that case; and 21 (3) the Department of Public Safety may not release information 22 related to the conviction for prostitution under former AS 11.66.100 or under 23 AS 11.66.106 or a similar municipal ordinance in response to a request under 24 AS 12.62.160(b)(6), (8), or (9). 25 (b) The Alaska Court System shall remove a person's court records from a 26 publicly available Internet website under (a)(2) of this section within 30 days after the 27 court grants a petition for vacation of judgment. 28 * Sec. 64. AS 14.03.016(d)(2) is amended to read: 29 (2) "human reproduction or sexual matters" does not include curricula 30 or materials for 31 (A) sex trafficking, human trafficking, sexual abuse, and
01 sexual assault awareness and prevention training required under AS 14.30.355; 02 or 03 (B) dating violence and abuse awareness and prevention 04 training required under AS 14.30.356; 05 * Sec. 65. AS 14.20.020(k) is amended to read: 06 (k) Except as provided in AS 14.20.015, a person is not eligible for a teacher 07 certificate unless the person has completed training regarding alcohol and drug related 08 disabilities required under AS 14.20.680, training regarding sex trafficking, human 09 trafficking, sexual abuse, and sexual assault awareness and prevention required under 10 AS 14.30.355, training regarding dating violence and abuse awareness and prevention 11 required under AS 14.30.356, and training related to suicide prevention required under 12 AS 14.30.362. 13 * Sec. 66. AS 14.20.030(b) is amended to read: 14 (b) The commissioner or the Professional Teaching Practices Commission 15 shall revoke for life the certificate of a person who has been convicted of a crime, or 16 an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 17 AS 11.41.340 - 11.41.357, 11.41.410 - 11.41.460 [AS 11.41.410 - 11.41.460], 18 AS 11.61.125, or 11.61.127, or a law or ordinance in another jurisdiction with 19 elements similar to an offense described in this subsection. 20 * Sec. 67. AS 14.30.355(a) is amended to read: 21 (a) The governing body of each school district shall adopt and implement a 22 policy, establish a training program for employees and students, and provide 23 [PARENT] notices relating to sex trafficking, human trafficking, sexual abuse, and 24 sexual assault awareness and prevention for students enrolled in grades kindergarten 25 through 12. 26 * Sec. 68. AS 14.30.355(b) is amended to read: 27 (b) The policy and [,] training [, AND NOTICES] adopted under this section 28 must include 29 (1) an age-appropriate and trauma-informed approach 30 [INFORMATION]; 31 (2) warning signs of sexual abuse of a child, grooming, attempted sex
01 trafficking, and attempted human trafficking; 02 (3) referral and resource information; 03 (4) available student counseling and educational support; 04 (5) information related to safe online practices and warning signs 05 of grooming and attempted sex trafficking and human trafficking through 06 electronic means [METHODS FOR INCREASING TEACHER, STUDENT, AND 07 PARENT AWARENESS OF ISSUES REGARDING SEXUAL ABUSE OF 08 CHILDREN]; 09 (6) actions that a child may take to prevent and report sex trafficking, 10 human trafficking, sexual abuse or sexual assault; [AND] 11 (7) a scalable, repeatable program; and 12 (8) use of evidence-based best practices [A PROCEDURE 13 ALLOWING A STUDENT TO BE EXCUSED FROM PARTICIPATING IN 14 TRAINING OR FROM RECEIVING NOTICES UNDER THIS SECTION AT THE 15 WRITTEN REQUEST OF A PARENT OR GUARDIAN OF THE STUDENT, OR 16 OF THE STUDENT IF THE STUDENT IS EMANCIPATED OR 18 YEARS OF 17 AGE OR OLDER]. 18 * Sec. 69. AS 14.30.355(d) is amended by adding new paragraphs to read: 19 (3) "human trafficking" means a violation of AS 11.41.360 - 20 11.41.366; 21 (4) "sex trafficking" means a violation of AS 11.41.340 - 11.41.350. 22 * Sec. 70. AS 14.30.355 is amended by adding a new subsection to read: 23 (e) A notice adopted under this section must notify parents or guardians of a 24 student, or a student who is emancipated or 18 years of age or older, of 25 (1) a procedure allowing the student to be excused from participating 26 in the training or from receiving subsequent notices of the training at the written 27 request of the parent or guardian of the student, or, if the student is emancipated or 18 28 years of age or older, at the request of the student; and 29 (2) an option to receive a summary of the materials and information 30 provided in the training if the parent, guardian, or student requested that the student be 31 excused from participation or from receiving notices of the training under (1) of this
01 subsection. 02 * Sec. 71. AS 14.30.361(d) is amended to read: 03 (d) The requirements under (a) of this section do not apply to 04 (1) sex trafficking, human trafficking, sexual abuse, and sexual 05 assault awareness and prevention training required under AS 14.30.355; or 06 (2) dating violence and abuse awareness and prevention training 07 required under AS 14.30.356. 08 * Sec. 72. AS 14.45 is amended by adding a new section to read: 09 Sec. 14.45.115. Disqualifying convictions for teachers. An individual may 10 not be employed or volunteer as a teacher in a religious or other private school if the 11 individual has been convicted of a crime, or an attempt, solicitation, or conspiracy to 12 commit a crime, under AS 11.41.340 - 11.41.355, or a law or ordinance in another 13 jurisdiction with elements similar to a crime under AS 11.41.340 - 11.41.355. 14 * Sec. 73. AS 18.66.210 is amended to read: 15 Sec. 18.66.210. Exceptions. The privilege provided under AS 18.66.200 does 16 not apply to 17 (1) reports of suspected child abuse or neglect under AS 47.17; 18 (2) evidence that the victim is about to commit a crime; 19 (3) a proceeding that occurs after the victim's death; 20 (4) a communication relevant to an issue of breach by the victim or 21 victim counselor of a duty arising out of the victim-victim counselor relationship; 22 (5) a communication that is determined to be admissible hearsay as an 23 excited utterance under the Alaska Rules of Evidence; 24 (6) a child-in-need-of-aid proceeding under AS 47.10; 25 (7) a communication made during the victim-victim counselor 26 relationship if the services of the counselor were sought, obtained, or used to enable 27 anyone to commit or plan a crime or to escape detection or apprehension after the 28 commission of a crime; or 29 (8) a criminal proceeding concerning criminal charges against a victim 30 of domestic violence, sex trafficking, or sexual assault in which [WHERE] the victim 31 is charged with a crime
01 (A) under AS 11.41 against a minor; or 02 (B) in which the physical, mental, or emotional condition of the 03 victim is raised in defense of the victim. 04 * Sec. 74. AS 18.66.250(1) is amended to read: 05 (1) "confidential communication" means information exchanged 06 between a victim and a victim counselor in private or in the presence of a third party 07 who is necessary to facilitate communication or further the counseling process and 08 that is disclosed in the course of victim counseling resulting from sex trafficking, a 09 sexual assault, or domestic violence; 10 * Sec. 75. AS 18.66.250(3) is amended to read: 11 (3) "victim" means a person who consults a victim counselor for 12 assistance in overcoming adverse effects of a sexual assault, sex trafficking, or 13 domestic violence; 14 * Sec. 76. AS 18.66.250(4) is amended to read: 15 (4) "victim counseling" means support, assistance, advice, or treatment 16 to alleviate the adverse effects of sex trafficking, a sexual assault, or domestic 17 violence on the victim; 18 * Sec. 77. AS 18.66.250(5) is amended to read: 19 (5) "victim counseling center" means a private organization, an 20 organization operated by or contracted by a branch of the armed forces of the United 21 States, or a local government agency that 22 (A) has, as one of its primary purposes, the provision of direct 23 services to victims for trauma resulting from [A] sexual assault, sex 24 trafficking, or domestic violence; 25 (B) is not affiliated with a law enforcement agency or a 26 prosecutor's office; and 27 (C) is not on contract with the state to provide services under 28 AS 47; 29 * Sec. 78. AS 18.66.250(6) is amended to read: 30 (6) "victim counselor" means an employee or supervised volunteer of a 31 victim counseling center that provides counseling to victims
01 (A) who has undergone a minimum of 40 hours of training in 02 sex trafficking, domestic violence, or sexual assault, crisis intervention, victim 03 support, treatment, and related areas; or 04 (B) whose duties include victim counseling. 05 * Sec. 79. AS 18.66.990(2) is amended to read: 06 (2) "crisis intervention and prevention program" means a community 07 program that provides information, education, counseling, and referral services to 08 individuals experiencing personal crisis related to domestic violence, sex trafficking, 09 or sexual assault and to individuals in personal or professional transition, excluding 10 correctional half-way houses, outpatient mental health programs, and drug or alcohol 11 rehabilitation programs; 12 * Sec. 80. AS 18.67.080(a) is amended to read: 13 (a) In a case in which a person is injured or killed by an incident specified in 14 AS 18.67.101(1), [OR] by the act of any other person that is within the description of 15 offenses listed in AS 18.67.101(2), or as a result of the person's involvement in a 16 commercial sexual act as described in AS 18.67.101(3), the board may order the 17 payment of compensation in accordance with the provisions of this chapter: 18 (1) to or for the benefit of the injured person; 19 (2) in the case of personal injury or death of the victim, to a person 20 responsible or who had been responsible for the maintenance of the victim who has 21 suffered pecuniary loss or incurred expenses as a result of the injury or death; 22 (3) in the case of death of the victim, to or for the benefit of one or 23 more of the dependents of the victim; or 24 (4) to the provider of a service under AS 18.67.110(b). 25 * Sec. 81. AS 18.67.101 is amended to read: 26 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 27 board may order the payment of compensation in accordance with the provisions of 28 this chapter for personal injury or death that resulted from 29 (1) an attempt on the part of the applicant to prevent the commission of 30 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 31 officer to do so, or aiding a victim of crime; [OR]
01 (2) the commission or attempt on the part of one other than the 02 applicant to commit any of the following offenses: 03 (A) murder in any degree; 04 (B) manslaughter; 05 (C) criminally negligent homicide; 06 (D) assault in any degree; 07 (E) kidnapping; 08 (F) sexual assault in any degree; 09 (G) sexual abuse of a minor; 10 (H) robbery in any degree; 11 (I) threats to do bodily harm; 12 (J) driving while under the influence of an alcoholic beverage, 13 inhalant, or controlled substance or another crime resulting from the operation 14 of a motor vehicle, boat, or airplane when the offender is under the influence 15 of an alcoholic beverage, inhalant, or controlled substance; 16 (K) arson in the first degree; 17 (L) [SEX TRAFFICKING IN VIOLATION OF AS 11.66.110 18 OR 11.66.130(a)(2)(B); 19 (M)] human trafficking in any degree; or 20 (M) [(N)] unlawful exploitation of a minor; or 21 (3) the applicant's having been induced or caused to engage in a 22 commercial sexual act under AS 11.41.340 - 11.41.350. 23 * Sec. 82. AS 18.85.100(c) is amended to read: 24 (c) An indigent person is entitled to representation under (a) and (b) of this 25 section for purposes of bringing a timely application for post-conviction relief or 26 petition for vacation of judgment under AS 12.72. An indigent person is not entitled 27 to representation under (a) and (b) of this section for purposes of bringing 28 (1) an untimely or successive application for post-conviction relief or 29 petition for vacation of judgment under AS 12.72 or an untimely or successive 30 motion for reduction or modification of sentence; 31 (2) a petition for review or certiorari from an appellate court ruling on
01 an application for post-conviction relief; or 02 (3) an action or claim for habeas corpus in federal court attacking a 03 state conviction. 04 * Sec. 83. AS 28.15.046(c) is amended to read: 05 (c) The department may not issue a license under this section to an applicant 06 (1) who has been convicted of any of the following offenses: 07 (A) a violation, or an attempt, solicitation, or conspiracy to 08 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 09 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 10 (B) a felony violation of endangering the welfare of a child in 11 the first degree under AS 11.51.100; 12 (C) felony indecent viewing or production of a picture under 13 AS 11.61.123; 14 (D) distribution of child pornography under AS 11.61.125; 15 (E) possession of child pornography under AS 11.61.127; 16 (F) distribution of indecent material to minors under 17 AS 11.61.128; 18 (G) felony prostitution under AS 11.66.101 or 11.66.102 19 [AS 11.66.100(e)]; 20 (H) sex trafficking in the first, second, or third degree [UNDER 21 AS 11.66.110 - 11.66.130]; 22 (I) a felony involving distribution of a controlled substance 23 under AS 11.71 or imitation controlled substance under AS 11.73; 24 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 25 (K) patron of a victim of sex trafficking under 26 AS 11.41.355; or 27 (2) who has been convicted of any of the following offenses and less 28 than two years have elapsed since the applicant's date of conviction for the offense: 29 (A) assault in the fourth degree under AS 11.41.230; 30 (B) reckless endangerment under AS 11.41.250; 31 (C) contributing to the delinquency of a minor under
01 AS 11.51.130; 02 (D) misdemeanor prostitution under AS 11.66.104 or 03 11.66.106 [AS 11.66.100(a)(2)]; 04 (E) a misdemeanor violation of endangering the welfare of a 05 child in the first degree under AS 11.51.100. 06 * Sec. 84. AS 34.03.360(10) is amended to read: 07 (10) "illegal activity involving a place of prostitution" means a 08 violation of AS 11.66.101(a) [AS 11.66.120(a)(1) OR 11.66.130(a)(2)(A) OR (D)]; 09 * Sec. 85. AS 34.03.360(17) is amended to read: 10 (17) "prostitution" means an act in violation of AS 11.66.101 - 11 11.66.106 [AS 11.66.100]; 12 * Sec. 86. AS 43.23.005 is amended by adding a new subsection to read: 13 (i) The provisions of (d) of this section do not apply if an individual's 14 conviction was vacated during the qualifying year under AS 12.72. If an individual 15 becomes eligible under this subsection, the individual is eligible to receive a 16 permanent fund dividend only for the qualifying year in which the conviction was 17 vacated and each subsequent qualifying year for which the individual is otherwise 18 eligible under this section. 19 * Sec. 87. AS 44.23.080(a) is amended to read: 20 (a) If there is reasonable cause to believe that an Internet service account has 21 been used in connection with a violation of AS 11.41.340 - 11.41.350, 11.41.452 22 [AS 11.41.452], 11.41.455, or AS 11.61.125 - 11.61.128, and that the identity, 23 address, and other information about the account owner will assist in obtaining 24 evidence that is relevant to the offense, a law enforcement officer may apply to the 25 attorney general or the attorney general's designee for an administrative subpoena to 26 obtain the business records of the Internet service provider located inside or outside of 27 the state. 28 * Sec. 88. AS 47.10.990(33) is amended to read: 29 (33) "sexual abuse" means the conduct described in AS 11.41.410 - 30 11.41.460, [;] conduct constituting "sexual exploitation" as defined in AS 47.17.290, 31 and conduct prohibited by AS 11.41.340 - 11.41.357 [AS 11.66.100 - 11.66.150];
01 * Sec. 89. AS 47.12.110(d) is amended to read: 02 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 03 the adjudication of a minor as a delinquent shall be open to the public, except as 04 prohibited or limited by order of the court, if 05 (1) the department files with the court a motion asking the court to 06 open the hearing to the public, and the petition seeking adjudication of the minor as a 07 delinquent is based on 08 (A) the minor's alleged commission of an offense, and the 09 minor has knowingly failed to comply with all the terms and conditions 10 required of the minor by the department or imposed on the minor in a court 11 order entered under AS 47.12.040(a)(2) or 47.12.120; 12 (B) the minor's alleged commission of 13 (i) a crime against a person that is punishable as a 14 felony; 15 (ii) a crime in which the minor employed a deadly 16 weapon, as that term is defined in AS 11.81.900(b), in committing the 17 crime; 18 (iii) arson under AS 11.46.400 - 11.46.410; 19 (iv) burglary under AS 11.46.300; 20 (v) distribution of child pornography under 21 AS 11.61.125; 22 (vi) sex trafficking [IN THE FIRST DEGREE] under 23 AS 11.41.340 or 11.41.345 [AS 11.66.110]; or 24 (vii) misconduct involving a controlled substance under 25 AS 11.71 involving the delivery of a controlled substance or the 26 possession of a controlled substance with intent to deliver, other than 27 an offense under AS 11.71.040 or 11.71.050; or 28 (C) the minor's alleged commission of a felony and the minor 29 was 16 years of age or older at the time of commission of the offense when the 30 minor has previously been convicted or adjudicated a delinquent minor based 31 on the minor's commission of an offense that is a felony; or
01 (2) the minor agrees to a public hearing on the petition seeking 02 adjudication of the minor as a delinquent. 03 * Sec. 90. AS 47.12.315(a) is amended to read: 04 (a) Notwithstanding AS 47.12.310, and except as otherwise provided in this 05 section, the department shall disclose information to the public, on request, concerning 06 a minor subject to this chapter who was at least 13 years of age at the time of 07 commission of 08 (1) a felony offense against a person under AS 11.41; 09 (2) arson in the first or second degree; 10 (3) burglary in the first degree; 11 (4) distribution of child pornography; 12 (5) sex trafficking under AS 11.41.340 or 11.41.345 [IN THE FIRST 13 DEGREE]; 14 (6) misconduct involving a controlled substance in the first, second, or 15 third degrees involving distribution or possession with intent to deliver; or 16 (7) misconduct involving weapons in the first through fourth degrees. 17 * Sec. 91. AS 47.17.290(18) is amended to read: 18 (18) "sexual exploitation" includes 19 (A) allowing, permitting, or encouraging a child to engage in a 20 commercial sexual act prohibited by AS 11.41.340 - 11.41.357 or 21 prostitution prohibited by AS 11.66.101 [AS 11.66.100 - 11.66.150], by a 22 person responsible for the child's welfare; 23 (B) allowing, permitting, encouraging, or engaging in activity 24 prohibited by AS 11.41.455(a), by a person responsible for the child's welfare. 25 * Sec. 92. AS 11.41.360(b), 11.41.470(7); AS 11.56.765(c)(3), 11.56.767(c)(3); 26 AS 11.66.100, 11.66.110, 11.66.120, 11.66.130, 11.66.135, 11.66.140, 11.66.150(1); and 27 AS 12.61.125(d)(2) are repealed. 28 * Sec. 93. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. (a) The following sections apply to revocations, denials, or 31 refusals to issue or renew licenses, permits, or certificates for offenses committed on or after
01 the effective date of those sections: 02 (1) AS 08.07.025, enacted by sec. 3 of this Act; 03 (2) AS 08.26.130(b), enacted by sec. 7 of this Act; 04 (3) AS 08.29.400(d), enacted by sec. 9 of this Act; 05 (4) AS 08.61.060(b), enacted by sec. 12 of this Act; 06 (5) AS 08.63.210(e), enacted by sec. 14 of this Act; 07 (6) AS 08.64.326(c), enacted by sec. 16 of this Act; 08 (7) AS 08.65.110(b), enacted by sec. 18 of this Act; 09 (8) AS 08.68.270(b), enacted by sec. 20 of this Act; 10 (9) AS 08.80.261(c), enacted by sec. 23 of this Act; 11 (10) AS 08.86.204(e), enacted by sec. 26 of this Act; 12 (11) AS 08.95.050(d), enacted by sec. 27 of this Act. 13 (b) The following sections apply to notifications of convictions for offenses 14 committed on or after the effective date of those sections: 15 (1) AS 08.07.035, enacted by sec. 4 of this Act; 16 (2) AS 08.26.130(c), enacted by sec. 7 of this Act; 17 (3) AS 08.29.400(e), enacted by sec. 9 of this Act; 18 (4) AS 08.61.060(c), enacted by sec. 12 of this Act; 19 (5) AS 08.63.210(f), enacted by sec. 14 of this Act; 20 (6) AS 08.64.326(d), enacted by sec. 16 of this Act; 21 (7) AS 08.65.110(c), enacted by sec. 18 of this Act; 22 (8) AS 08.68.270(c), enacted by sec. 20 of this Act; 23 (9) AS 08.80.261(d), enacted by sec. 23 of this Act; 24 (10) AS 08.86.204(f), enacted by sec. 26 of this Act; 25 (11) AS 08.95.050(e), enacted by sec. 27 of this Act. 26 (c) The following sections apply to offenses committed on or after the effective date 27 of those sections: 28 (1) AS 11.41.340 - 11.41.357, enacted by sec. 32 of this Act; 29 (2) AS 11.41.360(a), as amended by sec. 33 of this Act; 30 (3) AS 11.41.360(c), as amended by sec. 34 of this Act; 31 (4) AS 11.41.365, as amended by sec. 35 of this Act;
01 (5) AS 11.41.366 - 11.41.369, enacted by sec. 36 of this Act; 02 (6) AS 11.41.530(a), as amended by sec. 37 of this Act; 03 (7) AS 11.66.101 - 11.66.106, enacted by sec. 38 of this Act; 04 (8) AS 11.66.145, as amended by sec. 39 of this Act; 05 (9) AS 11.66.150(2), as amended by sec. 40 of this Act; 06 (10) AS 11.66.150(5), enacted by sec. 41 of this Act; 07 (11) AS 11.81.250(a), as amended by sec. 42 of this Act; 08 (12) AS 11.81.250(b), as amended by sec. 43 of this Act; 09 (13) AS 11.81.900(b), as amended by sec. 44 of this Act; 10 (14) AS 12.10.010, as amended by sec. 45 of this Act; 11 (15) AS 12.37.010, as amended by sec. 46 of this Act; 12 (16) AS 14.20.030(b), as amended by sec. 66 of this Act; 13 (17) AS 14.45.115, enacted by sec. 72 of this Act. 14 (d) The following sections apply to sentences imposed on or after the effective date of 15 those sections for conduct occurring on or after the effective date of those sections: 16 (1) AS 12.55.015(m), enacted by sec. 48 of this Act; 17 (2) AS 12.55.035(b), as amended by sec. 49 of this Act; 18 (3) AS 12.55.078(f), as amended by sec. 50 of this Act; 19 (4) AS 12.55.085(f), as amended by sec. 51 of this Act; 20 (5) AS 12.55.125(b), as amended by sec. 52 of this Act; 21 (6) AS 12.55.125(i), as amended by sec. 53 of this Act; 22 (7) AS 12.55.135(q), enacted by sec. 54 of this Act; 23 (8) AS 12.55.185(10), as amended by sec. 55 of this Act; 24 (9) AS 12.55.185(16), as amended by sec. 56 of this Act; 25 (10) AS 12.62.900(23), as amended by sec. 61 of this Act. 26 (e) AS 12.63.100(7), as amended by sec. 62 of this Act, applies to the duty to register 27 as a sex offender for offenses committed on or after the effective date of sec. 62 of this Act. 28 (f) AS 12.72.100 - 12.72.120, enacted by sec. 63 of this Act, and AS 18.85.100(c), as 29 amended by sec. 82 of this Act, apply to petitions filed on or after the effective date of sec. 63 30 of this Act for conduct occurring before, on, or after the effective date of secs. 63 and 82 of 31 this Act.
01 (g) AS 12.72.100 - 12.72.120, enacted by sec. 63 of this Act, apply to convictions 02 under former AS 11.66.100 occurring before the effective date of sec. 63 of this Act. 03 (h) The following sections apply to communications made on or after the effective 04 date of those sections relating to offenses occurring on or after the effective date of those 05 sections: 06 (1) AS 09.25.400, as amended by sec. 30 of this Act; 07 (2) AS 12.45.049, as amended by sec. 47 of this Act; 08 (3) AS 12.61.125(a), as amended by sec. 57 of this Act; 09 (4) AS 12.61.125(d)(3), enacted by sec. 58 of this Act; 10 (5) AS 12.61.140, as amended by sec. 59 of this Act; 11 (6) AS 12.61.140(c), enacted by sec. 60 of this Act; 12 (7) AS 18.66.210, as amended by sec. 73 of this Act; 13 (8) AS 18.66.250(1), as amended by sec. 74 of this Act; 14 (9) AS 18.66.250(3), as amended by sec. 75 of this Act; 15 (10) AS 18.66.250(4), as amended by sec. 76 of this Act; 16 (11) AS 18.66.250(5), as amended by sec. 77 of this Act; 17 (12) AS 18.66.250(6), as amended by sec. 78 of this Act. 18 * Sec. 94. Sections 63 and 82 of this Act take effect January 1, 2024. 19 * Sec. 95. Sections 64, 65, and 67 - 71 of this Act take effect July 1, 2024. 20 * Sec. 96. Except as provided in secs. 94 and 95 of this Act, this Act takes effect July 1, 21 2023.