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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 307                                                                                                         
01 Requiring a person who commits certain offenses under the code of military justice to register                          
02 as a sex offender or child kidnapper; relating to the Servicemembers Civil Relief Act; relating                         
03 to contracts made by servicemembers; relating to nonjudicial punishment of members of the                               
04 organized militia; relating to offenses subject to court-martial proceedings and criminal                               
05 prosecution; relating to the Department of Public Safety; and providing for an effective date.                          
06                           _______________                                                                               
07    * Section 1. AS 12.63.100(1) is amended to read:                                                                     
08                 (1)  "aggravated sex offense" means                                                                     
09                      (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                         
10 another jurisdiction, in which the person committed or attempted to commit a                                            
11 sexual offense, or a similar offense under the laws of the other jurisdiction; in                                       
12 this subparagraph, "sexual offense" has the meaning given in                                                            
01            AS 11.41.100(a)(3);                                                                                          
02                      (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                         
03            another jurisdiction, in which the person committed or attempted to commit                                   
04            one of the following crimes, or a similar law of another jurisdiction:                                       
05                           (i)  sexual assault in the first degree;                                                      
06                           (ii)  sexual assault in the second degree;                                                    
07                           (iii)  sexual abuse of a minor in the first degree; or                                        
08                           (iv)  sexual abuse of a minor in the second degree; [OR]                                      
09                      (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                 
10 a crime, under AS 11.41.410, 11.41.434, or a similar law of another                                                     
11            jurisdiction or a similar provision under a former law of this state; or                                   
12 (D)  an offense, or an attempt, solicitation, or conspiracy to                                                        
13            commit an offense, under                                                                                   
14 (i)  AS 26.05.890, or a similar law of another                                                                        
15 jurisdiction, if the person engaged in or attempted to engage in                                                      
16                 sexual penetration; or                                                                                
17 (ii)  AS 26.05.893, or a similar law of another                                                                       
18 jurisdiction, if the prohibited sexual activity in which the member                                                   
19 of the militia engaged or attempted to engage is sexual penetration;                                                  
20    * Sec. 2. AS 12.63.100(2) is amended to read:                                                                        
21                 (2)  "child kidnapping" means                                                                           
22 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
23 another jurisdiction, in which the person committed or attempted to commit                                              
24            kidnapping;                                                                                                  
25 (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                                              
26 another jurisdiction, in which the person committed or attempted to commit                                              
27 kidnapping if the victim was under 18 years of age at the time of the offense;                                          
28            [OR]                                                                                                         
29 (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                                      
30 a crime, under AS 11.41.300, or a similar law of another jurisdiction or a                                              
31 similar provision under a former law of this state, if the victim was under 18                                          
01            years of age at the time of the offense; or                                                                
02                      (D)  an offense, or an attempt, solicitation, or conspiracy to                                   
03            commit an offense, under AS 26.05.935(b), or a similar law of another                                      
04            jurisdiction, if the                                                                                       
05                           (i)  member of the militia commits the enumerated                                           
06                 offense of kidnapping, punishable under Article 134, 10 U.S.C. 934                                    
07                 (Uniform Code of Military Justice); and                                                               
08                           (ii)  victim was under 18 years of age at the time of                                       
09                 the offense;                                                                                          
10    * Sec. 3. AS 12.63.100(6) is amended to read:                                                                        
11                 (6)  "sex offense" means                                                                                
12 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
13 another jurisdiction, in which the person committed or attempted to commit a                                            
14 sexual offense, or a similar offense under the laws of the other jurisdiction; in                                       
15 this subparagraph, "sexual offense" has the meaning given in                                                            
16            AS 11.41.100(a)(3);                                                                                          
17 (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                                              
18 another jurisdiction, in which the person committed or attempted to commit                                              
19            one of the following crimes, or a similar law of another jurisdiction:                                       
20                           (i)  sexual assault in the first degree;                                                      
21                           (ii)  sexual assault in the second degree;                                                    
22                           (iii)  sexual abuse of a minor in the first degree; or                                        
23                           (iv)  sexual abuse of a minor in the second degree; [OR]                                      
24 (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                                      
25            a crime, under the following statutes or a similar law of another jurisdiction:                              
26                           (i)  AS 11.41.410 - 11.41.438;                                                                
27                           (ii)  AS 11.41.440(a)(2);                                                                     
28                           (iii)  AS 11.41.450 - 11.41.458;                                                              
29 (iv)  AS 11.41.460 or AS 26.05.900(c) if the indecent                                                                 
30 exposure is before a person under 16 years of age and the offender has                                                  
31 previously been convicted under AS 11.41.460 or AS 26.05.900(c)                                                       
01                 [A PREVIOUS CONVICTION FOR THAT OFFENSE];                                                               
02                           (v)  AS 11.61.125 - 11.61.128;                                                                
03                           (vi)  AS 11.66.110, [OR] 11.66.130(a)(2)(B), or                                           
04                 AS 26.05.900(b) if the person who was induced or caused to engage in                                  
05                 prostitution was under 20 years of age at the time of the offense;                                      
06                           (vii)  former AS 11.15.120, former 11.15.134, or assault                                      
07                 with the intent to commit rape under former AS 11.15.160, former                                        
08                 AS 11.40.110, or former 11.40.200;                                                                      
09                           (viii)  AS 11.61.118(a)(2) if the offender has a previous                                     
10                 conviction for that offense; [OR]                                                                       
11 (ix)  AS 11.66.100(a)(2) if the offender is subject to                                                                  
12                 punishment under AS 11.66.100(e);                                                                       
13 (x)  AS 26.05.890 if the person engaged in sexual                                                                     
14                 penetration or sexual contact with the victim;                                                        
15 (xi)  AS 26.05.890 if, at the time of the offense, the                                                                
16 victim is under a duty to obey the lawful orders of the offender,                                                     
17 regardless of whether the offender is in the direct chain of                                                          
18                 command over the victim;                                                                              
19 (xii)  AS 26.05.893 if the person engaged in sexual                                                                   
20                 penetration or sexual contact with the victim;                                                        
21 (xiii)  AS 26.05.900(a)(1) - (4) if the victim is under 18                                                            
22                 years of age at the time of the offense; or                                                           
23 (xiv)  AS 26.05.900 if, at the time of the offense, the                                                               
24 victim is under a duty to obey the lawful orders of the offender,                                                     
25 regardless of whether the offender is in the direct chain of                                                          
26                 command over the victim; or                                                                           
27 (D)  an offense, or an attempt, solicitation, or conspiracy to                                                        
28 commit an offense, under AS 26.05.935(b), or a similar law of another                                                 
29 jurisdiction, if the member of the militia commits one of the following                                               
30 enumerated offenses punishable under Article 134, 10 U.S.C. 934                                                       
31            (Uniform Code of Military Justice):                                                                        
01                           (i)  child pornography; or                                                                  
02                           (ii)  pandering and prostitution if the person who is                                       
03                 induced, enticed, caused, or procured to engage in a sexual act is                                    
04                 under 20 years of age at the time of the offense;                                                     
05    * Sec. 4. AS 12.63.100 is amended by adding new paragraphs to read:                                                  
06                 (8)  "sexual contact" has the meaning given in AS 11.81.900;                                            
07                 (9)  "sexual penetration" has the meaning given in AS 11.81.900.                                        
08    * Sec. 5. AS 12.80.060(g) is amended to read:                                                                        
09            (g)  In this section,                                                                                        
10                 (1)  "correctional facility" has the meaning given in AS 33.30.901;                                     
11 (2)  "offense" means conduct subjecting a person to arrest as an adult                                                  
12       offender, or as a juvenile charged as an adult,                                                                   
13 (A)  due to a violation of a federal or state criminal law, the                                                       
14            Military Code of Alaska, or a municipal criminal ordinance;                                              
15                      (B)  under AS 12.25.180;                                                                           
16                      (C)  under AS 11.56.730; or                                                                        
17                      (D)  under AS 12.70.                                                                               
18    * Sec. 6. AS 18.65.087(a) is amended to read:                                                                        
19 (a)  The Department of Public Safety shall maintain a central registry of sex                                           
20 offenders and child kidnappers and shall adopt regulations necessary to carry out the                                   
21 purposes of this section and AS 12.63. A post of the Alaska state troopers or a                                         
22 municipal police department that receives registration or change of address                                             
23 information under AS 12.63.010 shall forward the information within five working                                        
24 days after [OF] receipt to the central registry of sex offenders and child kidnappers.                                
25 Unless the sex offender or child kidnapper provides proof satisfactory to the                                           
26 department that the sex offender or child kidnapper is not physically present in the                                    
27 state or that the time limits described in AS 12.63.010 have passed, the Department of                                  
28 Public Safety may enter and maintain in the registry information described in                                           
29 AS 12.63.010 about a sex offender or child kidnapper that the department obtains from                                   
30                 (1)  the sex offender or child kidnapper under AS 12.63;                                                
31 (2)  a post of the Alaska state troopers or a municipal police department                                               
01       under this subsection;                                                                                            
02                 (3)  a court judgment under AS 12.55.148, AS 26.05.890(h),                                            
03       26.05.893(d), 26.05.900(e), or 26.05.935(d);                                                                    
04                 (4)  the Department of Corrections under AS 33.30.012 or 33.30.035;                                     
05 (5)  the Federal Bureau of Investigation or another sex offender                                                        
06 registration agency outside this state if the information indicates that a sex offender or                              
07 child kidnapper is believed to be residing or planning to reside in the state or cannot be                              
08       located;                                                                                                          
09                 (6)  a criminal justice agency in the state or another jurisdiction;                                    
10 (7)  the department's central repository under AS 12.62; information                                                    
11 entered in the registry from the repository is not subject to the requirements of                                       
12       AS 12.62.160(c)(3) or (4);                                                                                        
13                 (8)  the Department of Military and Veterans' Affairs; or                                             
14 (9)  [OR (8)] another reliable source as defined in regulations adopted                                               
15       by the department.                                                                                                
16    * Sec. 7. AS 26.05.135 is amended to read:                                                                           
17 Sec. 26.05.135. Applicability of Servicemembers Civil Relief Act to                                                   
18 members of the organized militia; contracts [SUSPENSION OF                                                            
19 ENFORCEMENT OF CIVIL LIABILITIES]. The provisions of 50 U.S.C. 3901 -                                                 
20 4043 (Servicemembers Civil Relief Act) [50 U.S.C. APP. 501 - 590,] pertaining to                                      
21 consumer transactions and the temporary suspension of enforcement of civil                                            
22 liabilities of persons in the military service of the United States [,] apply to members                                
23 of the organized militia [ALASKA NATIONAL GUARD AND ALASKA NAVAL                                                      
24       MILITIA] while on active duty for the state by order of the governor.                                             
25    * Sec. 8. AS 26.05.135 is amended by adding new subsections to read:                                                 
26 (b)  In addition to the rights and protections provided under 50 U.S.C. 3901 -                                          
27 4043 (Servicemembers Civil Relief Act) and (a) of this section, a servicemember may                                     
28 terminate a contract for any of the following services provided in this state if the                                    
29 servicemember receives official orders to relocate for a period of military service of at                               
30 least 90 days to a location that does not support the contract and the servicemember                                    
31       provides written notice to the service provider as required under (c) of this section:                            
01                 (1)  Internet services;                                                                                 
02                 (2)  athletic club or gym memberships;                                                                  
03                 (3)  satellite radio services; or                                                                       
04                 (4)  television services.                                                                               
05 (c)  To terminate a contract under (b) of this section, the servicemember shall                                         
06 provide the service provider with (1) written notice that the servicemember is                                          
07 terminating the contract and the date the contract terminates, and (2) proof of the                                     
08 official orders calling the servicemember into active military service. If possible, the                                
09 servicemember shall provide the proof of the official orders at the same time the                                       
10 servicemember provides written notice terminating the contract. If, because of military                                 
11 necessity or other circumstances, the servicemember is unable to provide proof of                                       
12 official orders at the time the servicemember provides written notice terminating the                                   
13 contract, the servicemember shall provide proof of the official orders not more than 90                                 
14 days after providing written notice terminating the contract. A termination of contract                                 
15 under this section is effective on the later of the following: the termination date the                                 
16 servicemember indicates in the written notice terminating the contract or the date the                                  
17       servicemember provides the written notice terminating the contract.                                               
18 (d)  A servicemember who terminates a contract under this section may                                                   
19 reinstate the contract when the servicemember is no longer in active military service if                                
20 the servicemember provides written notice not later than 90 days after the active                                       
21 military service ends. Not later than 30 days after receiving a written notice of                                       
22 reinstatement of a contract under this subsection, a service provider shall resume                                      
23 providing services under the contract to the servicemember or, if the services                                          
24 previously provided are no longer available, shall provide substantially similar                                        
25       services to the servicemember.                                                                                    
26 (e)  A service provider may not charge to a servicemember a penalty, fee, or                                            
27 other cost, or retain the deposit of a servicemember, who terminates a contract under                                   
28 this section. A servicemember who terminates a contract under this section is not                                       
29 liable for payment for any services after the effective date of the termination of a                                    
30       contract under this section.                                                                                      
31            (f)  In this section,                                                                                        
01                 (1)  "organized militia" includes the units of the militia described in                                 
02       AS 26.05.010(b)(1);                                                                                               
03                 (2)  "servicemember" means a member of the armed forces of the                                          
04       United States or a member of the organized militia of the state.                                                  
05    * Sec. 9. AS 26.05.360(b) is amended to read:                                                                        
06            (b)  The regulations adopted under this section must                                                         
07 (1)  provide for nonjudicial punishment; the regulations for nonjudicial                                                
08 punishment may not provide for confinement or separation from military service [OR                                      
09 PROHIBIT A MEMBER OF THE MILITIA FROM DECLINING THE                                                                     
10 IMPOSITION OF NONJUDICIAL PUNISHMENT IN FAVOR OF A COURT-                                                               
11       MARTIAL];                                                                                                         
12 (2)  as the adjutant general and the governor consider practicable, apply                                               
13 the principles of law and the rules of evidence and procedure governing military                                        
14 criminal cases in the courts of the armed forces of the United States, but may not be                                   
15 contrary to or inconsistent with this chapter or the applicable Alaska Rules of                                         
16       Evidence;                                                                                                         
17 (3)  include rules of pretrial, trial, and post-trial procedure, including                                              
18       methods of proof, for cases before courts-martial and courts of inquiry.                                          
19    * Sec. 10. AS 26.05.555(a) is amended to read:                                                                       
20 (a)  A military judge or summary court-martial officer may punish for                                                   
21       contempt a person who                                                                                             
22                 (1)  uses a menacing word, sign, or gesture in its presence;                                        
23                 (2)  [, OR WHO] disturbs its proceedings by any riot or disorder; or                                
24 (3)  wilfully disobeys a lawful writ, process, order, rule, decree, or                                                
25       command of the military judge or summary court-martial officer.                                                 
26    * Sec. 11. AS 26.05.590(a) is amended to read:                                                                       
27 (a)  A court-martial may not impose a punishment that exceeds the limits set                                            
28 out in the code of military justice and may not impose a sentence of death. A sentence                                  
29 of confinement imposed under this chapter may not exceed 10 years. An offense under                                     
30 this chapter that is punishable by a term [FOR WHICH A SENTENCE] of                                                   
31 confinement [FOR A TERM] of more than one year [IS IMPOSED] is a felony                                                 
01 offense. Except for convictions by a summary court-martial and except as otherwise                                      
02 specifically provided in the code of military justice, all other offenses under this                                    
03 chapter [FOR WHICH A SENTENCE OF CONFINEMENT FOR A TERM OF ONE                                                          
04 YEAR OR LESS IS IMPOSED] are misdemeanors. A conviction by a summary                                                    
05       court-martial is a violation.                                                                                     
06    * Sec. 12. AS 26.05 is amended by adding a new section to read:                                                      
07 Sec. 26.05.697. Misprision of serious offense. A member of the militia who                                              
08 (1) knows that another person has committed a serious offense, (2) wrongfully                                           
09 conceals the commission of the offense, and (3) fails to make the commission of the                                     
10 offense known to a civilian or military authority as soon as possible may be punished                                   
11 by up to three years of confinement, by separation with characterization up to                                          
12       dishonorable discharge, and by such other punishment as a court-martial may direct.                               
13    * Sec. 13. AS 26.05.700 is amended to read:                                                                          
14 Sec. 26.05.700. Conviction of lesser included offense. An accused may be                                                
15 found guilty of an offense necessarily included in the offense charged, [OR] of an                                    
16 attempt to commit either the offense under this chapter charged or an offense                                           
17 necessarily included in the offense charged, or of an offense designated by the                                       
18 President of the United States, in the most recent Manual for Courts-Martial,                                         
19 United States, as a presidentially prescribed lesser included offense under 10                                        
20       U.S.C. 879.                                                                                                     
21    * Sec. 14. AS 26.05.715 is amended by adding a new subsection to read:                                               
22 (c)  A member of the militia who solicits or advises another person to commit                                           
23 an offense under this chapter, other than an offense specified in (a) or (b) of this                                    
24 section, may be punished by confinement for up to the maximum punishment of the                                         
25 underlying offense, by separation with characterization up to dishonorable discharge,                                   
26       and by such other punishment as a court-martial may direct.                                                       
27    * Sec. 15. AS 26.05 is amended by adding a new section to read:                                                      
28 Sec. 26.05.737. False or unauthorized pass offenses. (a) A member of the                                                
29 militia who wrongfully and falsely makes, alters, counterfeits, or tampers with a                                       
30 military or official pass, permit, discharge certificate, or identification card may be                                 
31 punished by up to one year of confinement, by separation with characterization up to                                    
01       dishonorable discharge, and by such other punishment as a court-martial may direct.                               
02 (b)  A member of the militia who wrongfully sells, gives, lends, or disposes of                                         
03 a false or unauthorized military or official pass, permit, discharge certificate, or                                    
04 identification card, knowing that the pass, permit, discharge certificate, or                                           
05 identification card is false or unauthorized, may be punished by up to one year of                                      
06 confinement, by separation with characterization up to dishonorable discharge, and by                                   
07       such other punishment as a court-martial may direct.                                                              
08 (c)  A member of the militia who wrongfully uses or possesses a false or                                                
09 unauthorized military or official pass, permit, discharge certificate, or identification                                
10 card, knowing that the pass, permit, discharge certificate, or identification card is false                             
11 or unauthorized, may be punished by up to one year of confinement, by separation                                        
12 with characterization up to dishonorable discharge, and by such other punishment as a                                   
13       court-martial may direct.                                                                                         
14    * Sec. 16. AS 26.05.740 is amended to read:                                                                          
15 Sec. 26.05.740. Missing movement; jumping from vessel. A member of the                                                
16 militia who, (1) through neglect or design, misses the movement of a ship, aircraft, or                               
17 unit with which the member is required, in the course of duty, to move, or (2)                                        
18 intentionally or wrongfully jumps into the water from a vessel in use by the                                          
19 armed forces may be punished by up to one year of confinement, by separation with                                     
20 characterization up to dishonorable discharge, and by such other punishment as a                                        
21       court-martial may direct.                                                                                         
22    * Sec. 17. AS 26.05 is amended by adding new sections to read:                                                       
23 Sec. 26.05.767. Impersonation of officer, noncommissioned officer, petty                                                
24 officer, agent, or official. (a) A member of the militia who wrongfully and wilfully                                    
25 impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an agent of                                 
26 superior authority of one of the armed forces of the United States or of the militia of                                 
27 the state, or (3) an official of a government shall be punished as a court-martial may                                  
28       direct.                                                                                                           
29 (b)  A member of the militia who wrongfully, wilfully, and with intent to                                               
30 defraud impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an                                  
31 agent of superior authority of one of the armed forces of the United States or of the                                   
01       militia of the state, or (3) an official of a government may be punished by up to three                           
02       years of confinement, by separation with characterization up to dishonorable                                      
03       discharge, and by such other punishment as a court-martial may direct.                                            
04 (c)  A member of the militia who wrongfully, wilfully, and without intent to                                            
05 defraud impersonates an official of a government by committing an act that exercises                                    
06 or asserts the authority of the office that the person claims to have may be punished by                                
07 up to six months of confinement, by separation with characterization up to bad-                                         
08       conduct discharge, and by such other punishment as a court-martial may direct.                                    
09            Sec. 26.05.768. Wearing unauthorized insignia, decoration, badge, ribbon,                                    
10 device, or lapel button. A member of the militia who wears on the member's uniform                                      
11 or civilian clothing an insignia, decoration, badge, ribbon, device, or lapel button that                               
12 the member is not authorized to wear may be punished by up to six months of                                             
13 confinement, by separation with characterization up to bad-conduct discharge, and by                                    
14       such other punishment as a court-martial may direct.                                                              
15    * Sec. 18. AS 26.05.785 is amended by adding a new subsection to read:                                               
16 (b)  A member of the militia who unlawfully drinks an alcoholic beverage with                                           
17 a prisoner or unlawfully uses a drug with a prisoner may be punished by up to one                                       
18 year of confinement, by separation with characterization up to dishonorable discharge,                                  
19 and by such other punishment as a court-martial may direct, whether or not the                                          
20       prisoner was committed in strict compliance with law.                                                             
21    * Sec. 19. AS 26.05 is amended by adding a new section to read:                                                      
22 Sec. 26.05.793. Wrongful interference with adverse administrative                                                       
23 proceeding. A member of the militia who, having reason to believe that an adverse                                       
24 administrative proceeding is pending against a person subject to this chapter,                                          
25 wrongfully acts with the intent to influence, impede, or obstruct the conduct of the                                    
26 proceeding or otherwise obstruct the due administration of justice may be punished by                                   
27 up to one year of confinement, by separation with characterization up to dishonorable                                   
28       discharge, and by such other punishment as a court-martial may direct.                                            
29    * Sec. 20. AS 26.05 is amended by adding new sections to read:                                                       
30 Sec. 26.05.796. Wrongful refusal to testify. A member of the militia who,                                               
31 during a preliminary hearing or in the presence of a court-martial, board of officers,                                  
01 military commission, court of inquiry, or officer taking a deposition of or for the state,                              
02 wrongfully refuses to qualify as a witness or answer a question after having been                                       
03 directed to do so by the person presiding over the proceeding may be punished by up                                     
04 to one year of confinement, by separation with characterization up to dishonorable                                      
05       discharge, and by such other punishment as a court-martial may direct.                                            
06 Sec. 26.05.798. Retaliation. A member of the militia who, with the intent to                                            
07 retaliate against a person for reporting or planning to report a criminal offense or for                                
08 making or planning to make a protected communication, or who, with the intent to                                        
09 discourage any person from reporting a criminal offense or from making or planning                                      
10 to make a protected communication, (1) wrongfully takes or threatens to take an                                         
11 adverse personnel action against a person or (2) wrongfully withholds or threatens to                                   
12 withhold a favorable personnel action with respect to a person may be punished by up                                    
13 to one year of confinement, by separation with characterization up to dishonorable                                      
14       discharge, and by such other punishment as a court-martial may direct.                                            
15    * Sec. 21. AS 26.05 is amended by adding a new section to read:                                                      
16 Sec. 26.05.833. Offenses against correctional custody and restriction. (a) A                                            
17 member of the militia who (1) is placed in correctional custody by a person authorized                                  
18 to do so, (2) is placed under physical restraint while in correctional custody, and (3)                                 
19 escapes from the physical restraint before the member is released from physical                                         
20 restraint by proper authority may be punished by up to one year of confinement, by                                      
21 separation with characterization up to dishonorable discharge, and by such other                                        
22       punishment as a court-martial may direct.                                                                         
23 (b)  A member of the militia who (1) is placed in correctional custody by a                                             
24 person authorized to do so, (2) is placed under restraint other than physical restraint                                 
25 while in correctional custody, and (3) goes beyond the limits of the restraint before the                               
26 member is released from or relieved of the restraint by proper authority may be                                         
27 punished by up to one year of confinement, by separation with characterization up to                                    
28       dishonorable discharge, and by such other punishment as a court-martial may direct.                               
29 (c)  A member of the militia who (1) is ordered to be restricted to certain limits                                      
30 by a person authorized to do so and (2) with knowledge of the limits of the restriction,                                
31 goes beyond the limits before the member is released from the limitations by proper                                     
01 authority may be punished by up to six months of confinement, by separation with                                        
02 characterization up to bad-conduct discharge, and by such other punishment as a                                         
03       court-martial may direct.                                                                                         
04    * Sec. 22. AS 26.05.835 is amended by adding a new subsection to read:                                               
05 (b)  A member of the militia who (1) takes an oath that is in a matter in which                                         
06 the oath is required or authorized by law and that is administered by a person who has                                  
07 the authority to administer the oath and (2) makes or subscribes to a statement that is                                 
08 false and that the person does not believe to be true at the time the person takes the                                  
09 oath may be punished by up to one year of confinement, by separation with                                               
10 characterization up to dishonorable discharge, and by such other punishment as a                                        
11       court-martial may direct.                                                                                         
12    * Sec. 23. AS 26.05.855(b) is amended to read:                                                                       
13 (b)  A member of the militia who (1) operates or physically controls a                                                  
14 nonmilitary vehicle, aircraft, or vessel while impaired by a controlled substance                                     
15 [DESCRIBED IN AS 26.05.870(c)], or (2) operates or is in actual physical control of                                     
16 a nonmilitary vehicle, aircraft, or vessel while under the influence of alcohol or when                                 
17 the alcohol concentration in the person's blood or breath is equal to or exceeds the                                    
18 applicable limit under (d) of this section may be punished by up to one year of                                         
19 confinement, by separation with characterization up to dishonorable discharge, and by                                   
20 such other punishment as a court-martial may direct, or under (e) of this section if the                                
21 member is not in active duty status at the time of the offense, or by up to five years of                               
22 confinement, by separation with characterization up to dishonorable discharge, and by                                   
23 such other punishment as a court-martial may direct if the member is in active duty                                     
24       status at the time of the offense.                                                                                
25    * Sec. 24. AS 26.05.855(c) is amended to read:                                                                       
26 (c)  A member of the militia who (1) operates or physically controls a vehicle,                                         
27 aircraft, or vessel of the armed forces of the United States or the militia of a state in a                             
28 negligent or reckless manner or while impaired by a controlled substance                                              
29 [DESCRIBED IN AS 26.05.870(c)], or (2) operates or is in actual physical control of                                     
30 a vehicle, aircraft, or vessel of the armed forces of the United States or the militia of a                             
31 state while under the influence of alcohol or when the alcohol concentration in the                                     
01 person's blood or breath is equal to or exceeds the applicable limit under (d) of this                                  
02 section may be punished by up to five years of confinement, by separation with                                          
03 characterization up to dishonorable discharge, and by such other punishment as a                                        
04       court-martial may direct.                                                                                         
05    * Sec. 25. AS 26.05.860 is amended to read:                                                                          
06 Sec. 26.05.860. Drunkenness and other incapacitating offenses [DRUNK                                                  
07 ON DUTY]. A member of the militia, other than a sentinel or lookout, who (1) is                                       
08 found under the influence of alcohol or a controlled substance while on duty, or (2)                                
09 as a result of the use of any alcoholic beverage or drug, is unable to properly                                       
10 perform the member's duty may be punished by up to one year of confinement, by                                        
11 separation with characterization up to dishonorable discharge, and by such other                                        
12       punishment as a court-martial may direct.                                                                         
13    * Sec. 26. AS 26.05.860 is amended by adding a new subsection to read:                                               
14 (b)  A member of the militia who, while a prisoner, is drunk or under the                                               
15 influence of a controlled substance other than a controlled substance taken in                                          
16 accordance with a valid prescription may be punished by up to one year of                                               
17 confinement, by separation with characterization up to dishonorable discharge, and by                                   
18       such other punishment as a court-martial may direct.                                                              
19    * Sec. 27. AS 26.05.865 is amended to read:                                                                          
20 Sec. 26.05.865. Misbehavior of sentinel. A sentinel or lookout who (1) as a                                           
21 result of the use of any alcoholic beverage or drug, is unable to properly perform                                    
22 the sentinel's or lookout's duties, (2) is found [UNDER THE INFLUENCE OF                                              
23 ALCOHOL OR] sleeping on the sentinel's or lookout's post, (3) [OR] leaves the                                         
24 sentinel's or lookout's post before being regularly relieved, or (4) loiters or                                     
25 wrongfully sits down on post may be punished, if the offense is committed in time of                                  
26 war or emergency as described in AS 26.05.070, by confinement of not more than 10                                       
27 years, by separation with characterization up to dishonorable discharge, and by such                                    
28 other punishment as a court-martial may direct, but if the offense is committed at any                                  
29 other time, by up to one year of confinement, by separation with characterization up to                                 
30       dishonorable discharge, and by such other punishment as a court-martial may direct.                               
31    * Sec. 28. AS 26.05 is amended by adding a new section to read:                                                      
01 Sec. 26.05.867. Disrespect toward sentinel or lookout. A member of the                                                  
02 militia who, knowing that another person is a sentinel or lookout, uses wrongful and                                    
03 disrespectful language or behaves in a wrongful and disrespectful manner that is                                        
04 directed toward and within the hearing of the sentinel or lookout while the sentinel or                                 
05 lookout is executing the sentinel or lookout's duties may be punished by separation                                     
06 with characterization up to dishonorable discharge and by such other punishment,                                        
07       without confinement, as a court-martial may direct.                                                               
08    * Sec. 29. AS 26.05.890(a) is amended to read:                                                                       
09 (a)  A member of the militia who commits any of the following acts is guilty of                                         
10 sexual assault and, except as provided under (g) of this section, shall [MAY] be                                      
11 punished [BY UP TO 10 YEARS OF CONFINEMENT,] by separation with                                                         
12 characterization [UP TO] dishonorable discharge [,] and may, in addition to                                           
13 separation, be punished by up to 10 years of confinement and by such other                                            
14       punishment as a court-martial may direct:                                                                         
15                 (1)  a sexual act on another person by                                                                  
16                      (A)  threatening or placing another person in fear;                                                
17                      (B)  causing bodily harm to another person;                                                        
18 (C)  making a fraudulent representation that the sexual act                                                             
19            serves a professional purpose;                                                                               
20 (D)  inducing a belief by any artifice, pretense, or concealment                                                        
21            that the person is another person;                                                                           
22 (2)  a sexual act on another person when the person knows or                                                            
23 reasonably should know that the other person is asleep, unconscious, or otherwise                                       
24       unaware that the sexual act is occurring;                                                                         
25 (3)  a sexual act on another person when the other person is incapable                                                  
26       of consenting to the sexual act because of                                                                        
27 (A)  impairment by a drug, intoxicant, or other similar                                                                 
28 substance, and that condition is known or reasonably should be known by the                                             
29            person;                                                                                                      
30 (B)  a mental disease or defect or physical disability, and that                                                        
31            condition is known or reasonably should be known by the person.                                              
01    * Sec. 30. AS 26.05.890 is amended by adding new subsections to read:                                                
02 (g)  The convening authority of the court-martial may reduce, commute, or                                               
03 suspend a sentence of separation with characterization dishonorable discharge                                           
04 imposed by a court-martial under (a) of this section to a sentence of separation with                                   
05 characterization bad-conduct discharge if, after sentencing and before the entry of                                     
06 judgment, the accused provides substantial assistance with the investigation or                                         
07       prosecution of another person.                                                                                    
08 (h)  When a person is convicted of an offense under this section that requires                                          
09 the person to register as a sex offender under AS 12.63, the court-martial shall provide                                
10 the person with information regarding sex offender registration under AS 12.63.010                                      
11 and, if it can be determined by the court-martial, inform the person whether the                                        
12       conviction will require the person to register for life or a lesser period under AS 12.63.                        
13    * Sec. 31. AS 26.05 is amended by adding a new section to read:                                                      
14 Sec. 26.05.893. Prohibited sexual activities with military recruit or trainee                                           
15 by person in position of special trust. (a) A member of the militia who (1) is an                                       
16 officer, a noncommissioned officer, or a petty officer, (2) is in a training leadership                                 
17 position with respect to a specially protected junior member of the armed forces of the                                 
18 United States or of the militia of the state, and (3) engages in prohibited sexual activity                             
19 with the specially protected junior member of the armed forces of the United States or                                  
20 of the militia of the state may be punished by up to five years of confinement, by                                      
21 separation with characterization up to dishonorable discharge, and by such other                                        
22       punishment as a court-martial may direct.                                                                         
23 (b)  A member of the militia who is a military recruiter and engages in                                                 
24 prohibited sexual activity with (1) an applicant for military service or (2) a specially                                
25 protected junior member of the armed forces of the United States or of the militia of                                   
26 the state who is enlisted under a delayed entry program may be punished by up to five                                   
27 years of confinement, by separation with characterization up to dishonorable                                            
28       discharge, and by such other punishment as a court-martial may direct.                                            
29            (c)  Consent is not a defense in a prosecution under this section.                                           
30 (d)  When a person is convicted of an offense under this section that requires                                          
31 the person to register as a sex offender under AS 12.63, the court-martial shall provide                                
01 the person with information regarding sex offender registration under AS 12.63.010                                      
02 and, if it can be determined by the court-martial, inform the person whether the                                        
03       conviction will require the person to register for life or a lesser period under AS 12.63.                        
04    * Sec. 32. AS 26.05 is amended by adding a new section to read:                                                      
05 Sec. 26.05.897. Assault. (a) A member of the militia commits the offense of                                             
06 assault if the person attempts or offers to do bodily harm to another person using                                      
07 unlawful force or violence, whether or not the attempt or offer is consummated. A                                       
08 person who commits assault may be punished by up to one year of confinement, by                                         
09 separation with characterization up to dishonorable discharge, and by such other                                        
10       punishment as a court-martial may direct.                                                                         
11 (b)  A member of the militia commits the offense of aggravated assault if the                                           
12 person (1) uses a dangerous weapon or other means or force likely to produce death or                                   
13 grievous bodily harm to commit the offense described in (a) of this section or (2)                                      
14 commits the offense described in (a) of this section and intentionally inflicts grievous                                
15 bodily harm, with or without a weapon, on another person. A person who commits                                          
16 aggravated assault may be punished by up to five years of confinement, by separation                                    
17 with characterization up to dishonorable discharge, and by such other punishment as a                                   
18       court-martial may direct.                                                                                         
19    * Sec. 33. AS 26.05.900(a) is amended to read:                                                                       
20 (a)  A member of the militia who knowingly commits any of the following acts                                            
21 without legal justification or lawful authorization is guilty of an offense under this                                  
22 section and may be punished by up to seven years [ONE YEAR] of confinement, by                                        
23 separation with characterization up to dishonorable discharge, and by such other                                        
24       punishment as a court-martial may direct:                                                                         
25 (1)  knowingly and wrongfully views the private area of another                                                         
26 person, without the other person's consent and under circumstances in which the other                                   
27       person has a reasonable expectation of privacy;                                                                   
28 (2)  knowingly and wrongfully photographs, videotapes, films, or                                                        
29 records, by any means, the private area of another person without the other person's                                    
30 consent and under circumstances in which the other person has a reasonable                                              
31       expectation of privacy;                                                                                           
01                 (3)  knowingly [AND WRONGFULLY] broadcasts [OR                                                          
02       DISTRIBUTES] a recording of another person's private area that the person knows                                 
03       or reasonably should know was made or broadcast                                                                 
04                      (A)  without the other person's consent; and                                                     
05                      (B)  under circumstances in which the other person had a                                         
06            reasonable expectation of privacy;                                                                         
07                 (4)  knowingly distributes a recording of another person's private                                    
08       area that the person knows or reasonably should know was made or distributed                                    
09                      (A)  without the other person's consent; and                                                     
10 (B)  under circumstances in which the other person had a                                                              
11 reasonable expectation of privacy [UNDER THE CIRCUMSTANCES                                                            
12            DESCRIBED IN (2) OF THIS SUBSECTION].                                                                        
13    * Sec. 34. AS 26.05.900(d) is amended by adding new paragraphs to read:                                              
14 (7)  "recording" means a still or moving visual image captured or                                                       
15       recorded by any means;                                                                                            
16 (8)  "without the other person's consent" has the meaning given to                                                      
17       "without consent" in AS 11.41.470.                                                                                
18    * Sec. 35. AS 26.05.900 is amended by adding a new subsection to read:                                               
19 (e)  When a person is convicted of an offense under this section that requires                                          
20 the offender to register as a sex offender under AS 12.63, the court-martial shall                                      
21 provide the person with information regarding sex offender registration under                                           
22 AS 12.63.010 and, if it can be determined by the court-martial, inform the person                                       
23 whether the conviction will require the person to register for life or a lesser period                                  
24       under AS 12.63.                                                                                                   
25    * Sec. 36. AS 26.05 is amended by adding a new section to read:                                                      
26 Sec. 26.05.913. Public records offenses. A member of the militia who (1)                                                
27 wilfully and unlawfully alters, conceals, removes, mutilates, obliterates, or destroys a                                
28 public record or (2) takes a public record with the intent to alter, conceal, remove,                                   
29 mutilate, obliterate, or destroy the public record may be punished by up to five years                                  
30 of confinement, by separation with characterization up to dishonorable discharge, and                                   
31       by such other punishment as a court-martial may direct.                                                           
01    * Sec. 37. AS 26.05.935 is amended by adding a new subsection to read:                                               
02 (d)  When a person is convicted of an enumerated offense under (b) of this                                              
03 section that requires the offender to register as a sex offender under AS 12.63, the                                    
04 court-martial shall provide the person with information regarding sex offender                                          
05 registration under AS 12.63.010 and, if it can be determined by the court-martial,                                      
06 inform the person whether the conviction will require the person to register for life or                                
07       a lesser period under AS 12.63.                                                                                   
08    * Sec. 38. AS 26.05 is amended by adding new sections to read:                                                       
09            Sec. 26.05.940. Offenses concerning government computers. (a) A member                                       
10 of the militia who (1) knowingly accesses a government computer with an                                                 
11 unauthorized purpose, (2) by accessing the government computer obtains classified                                       
12 information, and (3) with reason to believe the information could be used to the injury                                 
13 of the United States or to the advantage of any foreign nation, intentionally                                           
14 communicates, delivers, or transmits the information, or causes the information to be                                   
15 communicated, delivered, or transmitted, to any person who is not entitled to receive                                   
16 the information may be punished by up to 10 years of confinement, by separation with                                    
17 characterization up to dishonorable discharge, and by such other punishment as a                                        
18       court-martial may direct.                                                                                         
19 (b)  A member of the militia who intentionally accesses a government                                                    
20 computer with an unauthorized purpose and by accessing the government computer                                          
21 obtains classified or other protected information from the government computer may                                      
22 be punished by up to five years of confinement, by separation with characterization up                                  
23       to dishonorable discharge, and by such other punishment as a court-martial may direct.                            
24 (c)  A member of the militia who knowingly causes the transmission of a                                                 
25 program, information, code, or command and, as a result of that conduct, intentionally                                  
26 and without authorization causes damage to a government computer may be punished                                        
27 by up to 10 years of confinement, by separation with characterization up to                                             
28       dishonorable discharge, and by such other punishment as a court-martial may direct.                               
29 Sec. 26.05.945. Breach of medical quarantine. A member of the militia who                                               
30 is ordered into medical quarantine by a person authorized to issue the quarantine order                                 
31 and who, with knowledge of the quarantine order and the limits imposed under the                                        
01 quarantine order, goes beyond the limits imposed under the quarantine order before                                      
02 the person is released from quarantine by proper authority may be punished by up to                                     
03 one year of confinement, by separation with characterization up to dishonorable                                         
04       discharge, and by such other punishment as a court-martial may direct.                                            
05    * Sec. 39. AS 26.05.990 is amended by adding a new paragraph to read:                                                
06                 (22)  "controlled substance" means                                                                      
07                      (A)  opium, heroin, cocaine, amphetamine, lysergic acid                                            
08            diethylamide, methamphetamine, phencyclidine, barbituric acid, and                                           
09            marijuana;                                                                                                   
10 (B)  a compound or derivative of a substance specified in (A) of                                                        
11            this paragraph;                                                                                              
12 (C)  a substance not specified in (A) or (B) of this paragraph                                                          
13 that is listed on a schedule of controlled substances prescribed by the President                                       
14 of the United States for the purposes of the armed forces of the United States                                          
15            under 10 U.S.C. 801 - 946 (Uniform Code of Military Justice);                                                
16 (D)  a substance not specified in (A) or (B) of this paragraph or                                                       
17 on a list prescribed by the President under (C) of this paragraph that is listed in                                     
18            21 U.S.C. 812, schedules I through V;                                                                        
19                      (E)  an illicit synthetic drug identified in AS 17.21.010.                                         
20    * Sec. 40. AS 44.41.035(b) is amended to read:                                                                       
21 (b)  The Department of Public Safety shall collect for inclusion into the DNA                                           
22 identification registration system a blood sample, oral sample, or both, from (1) a                                     
23 person convicted in this state of a crime against a person or a felony under AS 11,                                   
24 AS 26.05, or AS 28.35, or a law or ordinance with elements similar to a crime against                               
25 a person or a felony under AS 11, AS 26.05, or AS 28.35, (2) a minor adjudicated as a                                 
26 delinquent in this state for an act committed when the minor was 16 years of age or                                     
27 older that would be a crime against a person or a felony under AS 11, AS 26.05, or                                    
28 AS 28.35 if committed by an adult, or for an act that would violate a law or ordinance                                
29 with elements similar to a crime against a person or a felony under AS 11, AS 26.05,                                  
30 or AS 28.35 if committed by an adult, (3) a voluntary donor, (4) an anonymous DNA                                       
31 donor for use in forensic validation, forensic protocol development, quality control, or                                
01 population or statistical data bases, (5) a person required to register as a sex offender                               
02 or child kidnapper under AS 12.63, and (6) a person arrested for a crime against a                                      
03 person or a felony under AS 11, AS 26.05, or AS 28.35, or a law or ordinance with                                     
04 elements similar to a crime against a person or a felony under AS 11, AS 26.05, or                                    
05 AS 28.35. The department also may collect for inclusion into the DNA identification                                     
06 registration system a blood sample, oral sample, or tissue sample from crime scene                                      
07 evidence or from unidentified human remains. The DNA identification registration                                        
08 system consists of the blood, oral, or tissue samples drawn under this section, any                                     
09 DNA or other blood grouping tests done on those samples, and the identification data                                    
10 related to the samples or tests. Blood samples, oral samples, and tissue samples not                                    
11 subject to testing under this section, and test or identification data related to those                                 
12 samples, may not be entered into, or made a part of, the DNA identification                                             
13       registration system.                                                                                              
14    * Sec. 41. AS 26.05.870(c) is repealed.                                                                              
15    * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to                           
16 read:                                                                                                                   
17 APPLICABILITY. (a) AS 26.05.135, as amended by secs. 7 and 8 of this Act, applies                                       
18 only to a contract entered into on or after the effective date of secs. 7 and 8 of this Act.                            
19 (b)  AS 12.63.100(1), as amended by sec. 1 of this Act, AS 12.63.100(2), as amended                                     
20 by sec. 2 of this Act, AS 12.63.100(6), as amended by sec. 3 of this Act, AS 12.63.100(8) and                           
21 (9), enacted by sec. 4 of this Act, AS 18.65.087(a), as amended by sec. 6 of this Act,                                  
22 AS 26.05.890(h), enacted by sec. 30 of this Act, AS 26.05.893(d), enacted by sec. 31 of this                            
23 Act, AS 26.05.900(e), enacted by sec. 35 of this Act, and AS 26.05.935(d), enacted by sec. 37                           
24 of this Act, apply to persons convicted of sex offenses or child kidnapping on or after the                             
25 effective date of secs. 1 - 4, 6, 30, 31, 35, and 37 of this Act.                                                       
26 (c)  AS 26.05.360(b), as amended by sec. 9 of this Act, applies to nonjudicial                                          
27 punishment imposed for offenses committed on or after the effective date of sec. 9 of this Act.                         
28 (d)  AS 26.05.555(a), as amended by sec. 10 of this Act, AS 26.05.697, enacted by                                       
29 sec. 12 of this Act, AS 26.05.700, as amended by sec. 13 of this Act, AS 26.05.715(c),                                  
30 enacted by sec. 14 of this Act, AS 26.05.737, enacted by sec. 15 of this Act, AS 26.05.740, as                          
31 amended by sec. 16 of this Act, AS 26.05.767 and 26.05.768, enacted by sec. 17 of this Act,                             
01 AS 26.05.785(b), enacted by sec. 18 of this Act, AS 26.05.793, enacted by sec. 19 of this Act,                          
02 AS 26.05.796 and 26.05.798, enacted by sec. 20 of this Act, AS 26.05.833, enacted by sec. 21                            
03 of this Act, AS 26.05.835(b), enacted by sec. 22 of this Act, AS 26.05.855(b), as amended by                            
04 sec. 23 of this Act, AS 26.05.855(c), as amended by sec. 24 of this Act, AS 26.05.860, as                               
05 amended by sec. 25 of this Act, AS 26.05.860(b), enacted by sec. 26 of this Act,                                        
06 AS 26.05.865, as amended by sec. 27 of this Act, AS 26.05.867, enacted by sec. 28 of this                               
07 Act, AS 26.05.890(a), as amended by sec. 29 of this Act, AS 26.05.890(g), enacted by sec. 30                            
08 of this Act, AS 26.05.893(a) - (c), enacted by sec. 31 of this Act, AS 26.05.897, enacted by                            
09 sec. 32 of this Act, AS 26.05.900(a), as amended by sec. 33 of this Act, AS 26.05.900(d)(7)                             
10 and (8), enacted by sec. 34 of this Act, AS 26.05.913, enacted by sec. 36 of this Act,                                  
11 AS 26.05.940 and 26.05.945, enacted by sec. 38 of this Act, and AS 26.05.990(22), enacted                               
12 by sec. 39 of this Act, apply to offenses committed on or after the effective date of secs. 10,                         
13 12 - 34, 36, 38, and 39 of this Act.                                                                                    
14    * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to                           
15 read:                                                                                                                   
16 DUTY OF ADJUTANT GENERAL OF THE DEPARTMENT OF MILITARY AND                                                              
17 VETERANS' AFFAIRS; NOTICE TO REVISOR OF STATUTES. The adjutant general of                                               
18 the Department of Military and Veterans' Affairs shall notify the revisor of statutes, on or                            
19 before January 1, 2019, if the President of the United States signs an executive order                                  
20 designating the effective date, under sec. 5542, P.L. 114-328, National Defense Authorization                           
21 Act for Fiscal Year 2017, of the amendments to the Uniform Code of Military Justice made                                
22 by the Military Justice Act of 2016.                                                                                    
23    * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to                           
24 read:                                                                                                                   
25 CONDITIONAL EFFECT. Sections 1 - 4, 6, 9, 10, 12 - 39, 41, and 42(b) - (d) of this                                      
26 Act take effect only if the adjutant general of the Department of Military and Veterans'                                
27 Affairs notifies the revisor of statutes under sec. 43 of this Act, on or before January 1, 2019,                       
28 that the President of the United States has signed an executive order designating the effective                         
29 date, under sec. 5542, P.L. 114-328, National Defense Authorization Act for Fiscal Year                                 
30 2017, of the amendments to the Uniform Code of Military Justice made by the Military                                    
31 Justice Act of 2016 and the effective date designated in the executive order is January 1,                              
01 2019, or earlier.                                                                                                       
02    * Sec. 45. If secs. 1 - 4, 6, 9, 10, 12 - 39, 41, and 42(b) - (d) of this Act take effect under sec.                 
03 44 of this Act, they take effect January 1, 2019.                                                                       
04    * Sec. 46. Except as provided in sec. 45 of this Act, this Act takes effect July 1, 2018.                            
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