00 SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) 01 "An Act creating the crimes of stalking in the first and second degrees and 02 providing penalties for their violation; providing a peace officer with the authority 03 to arrest without a warrant a person the peace officer has reasonable cause to 04 believe has committed stalking; relating to the release before trial of a person 05 accused of stalking; prohibiting the suspension of imposition of sentence of a 06 person convicted of stalking; relating to the crime of assault in the third degree; 07 and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 11.41 is amended by adding new sections to article 2 to read: 10 Sec. 11.41.260. STALKING IN THE FIRST DEGREE. (a) A person commits 11 the crime of stalking in the first degree if the person violates AS 11.41.270 and 12 (1) the actions constituting the offense are in violation of an order 13 issued under AS 25.35.010(b) or 25.35.020; 14 (2) the actions constituting the offense are in violation of a condition 01 of probation, release before trial, release after conviction, or parole; 02 (3) the victim is under 16 years of age; 03 (4) at any time during the course of conduct constituting the offense 04 the defendant possessed a deadly weapon; 05 (5) the defendant has been previously convicted of a crime under this 06 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 07 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 08 AS 11.56.740; or 09 (6) the defendant has been previously convicted of (A) a crime, or an 10 attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11 11.41.460, AS 11.56.810, AS 11.61.120, or (B) a law or an ordinance of this or 12 another jurisdiction with elements similar to a crime, or an attempt or solicitation to 13 commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, 14 AS 11.56.810, or AS 11.61.120, involving the same victim as the present offense. 15 (b) In this section, "course of conduct" and "victim" have the meanings given 16 in AS 11.41.270(b). 17 (c) Stalking in the first degree is a class C felony. 18 Sec. 11.41.270. STALKING IN THE SECOND DEGREE. (a) A person 19 commits the crime of stalking in the second degree if the person knowingly engages 20 in a course of conduct that recklessly places another person in fear of death or physical 21 injury, or in fear of the death or physical injury of a family member. 22 (b) It is an affirmative defense to a prosecution under this section or 23 AS 11.41.260 that the course of conduct engaged in by the defendant is 24 constitutionally protected. If a defendant affirmatively shows that an act of the 25 defendant is a constitutionally protected activity, that act may not be considered in 26 finding that a defendant engaged in a course of conduct in violation of this section. 27 Whether an act of the defendant is a constitutionally protected activity is a question 28 of law to be determined by the court prior to trial. 29 (c) In this section, 30 (1) "course of conduct" means repeated acts of nonconsensual contact 31 involving the victim or a family member; 01 (2) "family member" means a 02 (A) spouse, child, grandchild, parent, grandparent, sibling, uncle, 03 aunt, nephew, or niece, of the victim, whether related by blood, marriage, or 04 adoption; 05 (B) person who lives, or has previously lived, in a spousal 06 relationship with the victim; 07 (C) person who lives in the same household as the victim; or 08 (D) person who is a former spouse of the victim or is or has 09 been in a dating, courtship, or engagement relationship with the victim; 10 (3) "nonconsensual contact" means any contact with another person that 11 is initiated or continued without that person's consent, that is beyond the scope of the 12 consent provided by that person, or that is in disregard of that person's expressed 13 desire that the contact be avoided or discontinued; "nonconsensual contact" includes 14 (A) following or appearing within the sight of that person; 15 (B) approaching or confronting that person in a public place or 16 on private property; 17 (C) appearing at the workplace or residence of that person; 18 (D) entering onto or remaining on property owned, leased, or 19 occupied by that person; 20 (E) contacting that person by telephone; 21 (F) sending mail or electronic communications to that person; 22 (G) placing an object on, or delivering an object to, property 23 owned, leased, or occupied by that person; 24 (4) "victim" means a person who is the target of a course of conduct. 25 (d) Stalking in the second degree is a class A misdemeanor. 26 * Sec. 2. AS 11.41.220(a) is amended to read: 27 (a) A person commits the crime of assault in the third degree if that person 28 (1) recklessly 29 (A) [(1)] places another person in fear of imminent serious 30 physical injury by means of a dangerous instrument; 31 (B) [(2)] causes physical injury to another person by means of 01 a dangerous instrument; or 02 (C) [(3)] while being 18 years of age or older 03 (i) [(A)] causes physical injury to a child under 10 years 04 of age and the injury reasonably requires medical treatment; 05 (ii) [(B)] causes physical injury to a child under 10 years 06 of age on more than one occasion; or 07 (2) with intent to place another person in fear of death or serious 08 physical injury to the person or the person's family member makes repeated 09 threats to cause death or serious physical injury to another person. 10 * Sec. 3. AS 11.41.220 is amended by adding a new subsection to read: 11 (c) In this section, "the person's family member" means 12 (1) a spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, 13 nephew, or niece, of the person, whether related by blood, marriage, or adoption; 14 (2) a person who lives or has lived, in a spousal relationship with the 15 person; 16 (3) a person who lives in the same household as the person; or 17 (4) a person who is a former spouse of the person or is or has been in 18 a dating, courtship, or engagement relationship with the person. 19 * Sec. 4. AS 11.56.810(a) is amended to read: 20 (a) A person commits the crime of terroristic threatening if the person 21 [(1)] knowingly makes a false report that a circumstance dangerous to 22 human life exists or is about to exist and 23 (1) [(A)] places a person in fear of physical injury to any 24 person; 25 (2) [(B)] causes evacuation of a building; or 26 (3) [(C)] causes serious public inconvenience [; OR 27 (2) WITH INTENT TO PLACE ANOTHER PERSON IN FEAR OF 28 DEATH OR SERIOUS PHYSICAL INJURY TO THE PERSON OR THE PERSON'S 29 IMMEDIATE FAMILY, MAKES REPEATED THREATS TO CAUSE DEATH OR 30 SERIOUS PHYSICAL INJURY TO ANOTHER PERSON]. 31 * Sec. 5. AS 12.25.030(b) is amended to read: 01 (b) In addition to the authority granted under (a) of this section, a peace officer 02 without a warrant may arrest a person when the peace officer has reasonable cause for 03 believing that the person has committed a crime under 04 (1) AS 11.41.270 or AS 11.56.740; or 05 (2) AS 11.41, AS 11.46.330, or AS 11.61.120, or has violated an 06 ordinance with elements substantially similar to the elements of a crime under 07 AS 11.41, AS 11.46.330, or AS 11.61.120, when the victim is a spouse or former 08 spouse of the person who committed the crime; a parent, grandparent, child, or 09 grandchild of the person who committed the crime; a member of the social unit 10 comprised of those living together in the same dwelling as the person who committed 11 the crime; or another person who is not a spouse or former spouse of the person who 12 committed the crime but who previously lived in a spousal relationship with the person 13 who committed the crime or is in or has been in a dating, courtship, or engagement 14 relationship with the person who committed the crime. 15 * Sec. 6. AS 12.30.025 is amended to read: 16 Sec. 12.30.025. RELEASE BEFORE TRIAL IN CASES INVOLVING 17 DOMESTIC VIOLENCE OR STALKING. (a) In determining the conditions of 18 release under AS 12.30.020 in cases involving domestic violence or stalking, the court 19 shall consider the following conditions and impose one or more conditions it considers 20 reasonably necessary to protect the alleged victim of the domestic violence or 21 stalking, including ordering the defendant 22 (1) not to subject the victim to further domestic violence or stalking; 23 (2) to vacate the home of the victim; 24 (3) not to contact the victim other than through counsel; 25 (4) to engage in counseling; if the court directs the defendant to engage 26 in personal counseling, the court shall provide in the order that the counseling must 27 propose alternatives to aggression if that type of counseling is available; if the court 28 directs the defendant to participate in family counseling, it shall make a finding that 29 family counseling will not result in additional domestic violence or stalking; 30 (5) to refrain from the consumption of alcohol or the use of drugs. 31 (b) As used in this section, 01 (1) "domestic violence" means a crime specified in AS 11.41 when the 02 victim is a spouse or a former spouse of the defendant; a parent, grandparent, child, 03 or grandchild of the defendant; a member of the social unit comprised of those living 04 together in the same dwelling as the defendant; or a person who is not a spouse or 05 former spouse of the defendant but who previously lived in a spousal relationship with 06 the defendant or is in or has been in a dating, courtship, or engagement relationship 07 with the defendant; 08 (2) "stalking" means a violation of AS 11.41.260 or 11.41.270. 09 * Sec. 7. AS 12.55.085(f) is amended to read: 10 (f) The court may not suspend the imposition of sentence of a person who 11 (1) is convicted of a violation of AS 11.41.410 - 11.41.455; 12 (2) uses a firearm in the commission of the offense for which the 13 person is convicted; or 14 (3) is convicted of a violation of AS 11.41.210 - 11.41.270 15 [AS 11.41.210 - 11.41.250] or 11.41.510 - 11.41.530, and the person has, within the 16 10 years preceding the commission of the offense for which the person has been 17 convicted, one or more prior convictions for a violation of AS 11.41 or for a violation 18 of a law in this or another jurisdiction having substantially similar elements to an 19 offense defined in AS 11.41; for the purposes of this paragraph, a person shall be 20 considered to have a prior conviction even if that conviction has been set aside under 21 (e) of this section or under the equivalent provision of the laws of another jurisdiction. 22 * Sec. 8. APPLICABILITY. AS 11.41.260 and 11.41.270, enacted by sec. 1 of this Act, 23 apply to acts committed on or after the effective date of this Act. However, to the extent a 24 previous conviction is an element of the offense under AS 11.41.260, that previous conviction 25 may have occurred before, on, or after the effective date of this Act. 26 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).