00 CS FOR SENATE BILL NO. 323(FIN) am 01 "An Act relating to sexual offenses, to those who commit sexual offenses, and to 02 registration of sex offenders; amending Rule 6(r)(2), Alaska Rules of Criminal 03 Procedure; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.10.060(c) is amended to read: 06  (c) A person who was the victim of sexual abuse may not maintain an action 07 for recovery of damages against the perpetrator of the act or acts of sexual abuse based 08 on the perpetrator's intentional conduct for an injury or condition suffered as a result 09 of the sexual abuse unless the action is commenced within three years. In this 10 subsection, "sexual abuse" means an act committed by the defendant against the 11 plaintiff maintaining the cause of action if the defendant's conduct would have violated 12 a provision of AS 11.41.410 - 11.41.440 or  11.41.450 - 11.41.458  [11.41.450 - 13 11.41.455] at the time it was committed. 14 * Sec. 2. AS 09.55.650(c) is amended to read: 01  (c) In this section ,  "sexual abuse" means an act committed by the defendant 02 against the plaintiff maintaining the cause of action if the defendant's conduct would 03 have violated a provision of AS 11.41.410 - 11.41.440 or  11.41.450 - 11.41.458  04 [11.41.450 - 11.41.455], former AS 11.15.120, 11.15.134, or 11.15.160, or former 05 AS 11.40.110 at the time it was committed. 06 * Sec. 3. AS 11.41 is amended by adding a new section to read: 07  Sec. 11.41.458. Indecent exposure in the first degree. (a) An offender 08 commits the crime of indecent exposure in the first degree if 09  (1) the offender violates AS 11.41.460(a); 10  (2) while committing the act constituting the offense, the offender 11 knowingly masturbates; and 12  (3) the offense occurs within the observation of a person under 16 years 13 of age. 14  (b) Indecent exposure in the first degree is a class C felony. 15 * Sec. 4. AS 11.41.460 is amended to read: 16  Sec. 11.41.460. Indecent exposure in the second degree . (a) An offender 17 commits the crime of indecent exposure  in the second degree  if the offender 18  knowingly [INTENTIONALLY] exposes the offender's genitals to another person with 19 reckless disregard for the offensive, insulting, or frightening effect the act may have 20 on that person. 21  (b) Indecent exposure  in the second degree  before a person under 16 years 22 of age is a class A misdemeanor. Indecent exposure  in the second degree  before a 23 person 16 years of age or older is a class B misdemeanor. 24 * Sec. 5. AS 11.61.125(c) is amended to read: 25  (c) Distribution of child pornography is a  class B  [CLASS C] felony. 26 * Sec. 6. AS 11.61.125 is amended by adding a new subsection to read: 27  (e) The possession of 100 or more films, audio, video, electronic, or 28 electromagnetic recordings, photographs, negatives, slides, books, newspapers, 29 magazines, or other materials, including a combination of these items totaling 100 or 30 more, is prima facie evidence of distribution and intent to distribute under (a) of this 31 section. 01 * Sec. 7. AS 11.61.127(c) is amended to read: 02  (c) Possession of child pornography is a  class C felony  [CLASS A 03 MISDEMEANOR]. 04 * Sec. 8. AS 11.61.127 is amended by adding a new subsection to read: 05  (d) Each film, audio, video, electronic, or electromagnetic recording, 06 photograph, negative, slide, book, newspaper, magazine, or other material that visually 07 or aurally depicts conduct described in AS 11.41.455(a) that is possessed by a person 08 knowing that the production of the material involved the use of a child under 18 years 09 of age that engaged in the conduct is a separate violation of this section. 10 * Sec. 9. AS 12.10.020(c) is amended to read: 11  (c) Even if the general time limitation has expired, a prosecution under 12  AS 11.41.410 - 11.41.458  [AS 11.41.410 - 11.41.455], AS 11.66.110 - 11.66.130, or 13 former AS 11.41.430, for an offense committed against a person under the age of 18, 14 may be commenced at any time. 15 * Sec. 10. AS 12.25.030(b) is amended to read: 16  (b) In addition to the authority granted by (a) of this section, a peace officer 17  (1) shall make an arrest under the circumstances described in 18 AS 18.65.530; 19  (2) without a warrant may arrest a person if the officer has probable 20 cause to believe the person has, either in or outside the presence of the officer ,  21  (A) committed a crime involving domestic violence, whether the 22 crime is a felony or a misdemeanor; in this subparagraph, "crime involving 23 domestic violence" has the meaning given in AS 18.66.990; 24  (B) committed the crime of violating a protective order in 25 violation of AS 11.56.740; or 26  (C) violated a condition of release imposed under AS 12.30.025 27 or 12.30.027; 28  (3) without a warrant may arrest a person when the peace officer has 29 reasonable cause for believing that the person has 30  (A) committed a crime under or violated conditions imposed as 31 part of the person's release before trial on misdemeanor charges brought under 01 AS 11.41.270; 02  (B) violated AS 04.16.050 or an ordinance with similar 03 elements; however, unless there is a lawful reason for further detention, a 04 person who is under the age of 18 and who has been arrested for violating 05 AS 04.16.050 or an ordinance with similar elements shall be cited for the 06 offense and released to the person's parent, guardian, or legal custodian; or 07  (C) violated conditions imposed as part of the person's release 08 before trial on felony charges brought under  AS 11.41.410 - 11.41.458  09 [AS 11.41.410 - 11.41.455]. 10 * Sec. 11. AS 12.40.110(a) is amended to read: 11  (a) In a prosecution for an offense under  AS 11.41.410 - 11.41.458  12 [AS 11.41.410 - 11.41.440 OR 11.41.455], hearsay evidence of a statement related to 13 the offense, not otherwise admissible, made by a child who is the victim of the offense 14 may be admitted into evidence before the grand jury if 15  (1) the circumstances of the statement indicate its reliability; 16  (2) the child is under 10 years of age when the hearsay evidence is 17 sought to be admitted; 18  (3) additional evidence is introduced to corroborate the statement; and 19  (4) the child testifies at the grand jury proceeding or the child will be 20 available to testify at trial. 21 * Sec. 12. AS 12.55.025(h) is amended to read: 22  (h) If the defendant has been convicted of two or more crimes under 23 AS 11.41.200 - 11.41.250 or  11.41.410 - 11.41.458  [11.41.410 - 11.41.455] in which 24 the victim or victims of the crimes were minors and the judgment on any of the 25 convictions has not been entered, the court shall impose some consecutive period of 26 imprisonment for each conviction. 27 * Sec. 13. AS 12.55.155(c)(18) is amended to read: 28  (18) the offense was a felony 29  (A) specified in AS 11.41 and was committed against a spouse, 30 a former spouse, or a member of the social unit comprised of those living 31 together in the same dwelling as the defendant; or 01  (B) specified in  AS 11.41.410 - 11.41.458  [AS 11.41.410 - 02 11.41.455] and the defendant has engaged in the same or other conduct 03 prohibited by a provision of AS 11.41.410 - 11.41.460 involving the same or 04 another victim; 05 * Sec. 14. AS 12.63.020(a) is amended to read: 06  (a) The duty of a sex offender to comply with the requirements of 07 AS 12.63.010 for each sex offense 08  (1) continues for the lifetime of a sex offender convicted of two or 09 more sex offenses ; for purposes of this section, a person convicted of indecent 10 exposure before a person under 16 years of age under AS 11.41.460 more than 11 two times has been convicted of two or more sex offenses ; 12  (2) ends 15 years following the sex offender's unconditional discharge 13 from a conviction for a single sex offense. 14 * Sec. 15. AS 12.63.100(3) is amended to read: 15  (3) "sex offense" means a crime, or an attempt to commit a crime, 16 under AS 11.41.410 - 11.41.438,  11.41.450 - 11.41.458, 11.41.460 if the indecent 17 exposure is before a person under 16 years of age if the offender has a previous 18 conviction for that offense [11.41.450, 11.41.455], AS 11.61.125,  11.61.127,  19 AS 11.66.110, former AS 11.15.120 or 11.15.134, or former AS 11.40.110 or 20 11.40.200, or a similar law in another jurisdiction; 21 * Sec. 16. AS 14.20.020(f) is amended to read: 22  (f)  The  [EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, 23 THE] department may not issue a teacher certificate to a person who has been 24 convicted of a crime involving a minor under  AS 11.41.410 - 11.41.460  [AS 11.41.434 25 - 11.41.440, 11.41.455, OR 11.41.460], or under a law in another jurisdiction with 26 elements substantially similar to an offense described in  AS 11.41.410 - 11.41.460  27 [AS 11.41.434 - 11.41.440, 11.41.455, OR 11.41.460. WHEN FIVE YEARS HAVE 28 ELAPSED AFTER A PERSON HAS RECEIVED AN UNCONDITIONAL 29 DISCHARGE FOR A CONVICTION OF A CRIME LISTED IN THIS 30 SUBSECTION, THE PERSON MAY PETITION THE DEPARTMENT TO ISSUE 31 THE CERTIFICATE IN SPITE OF THE CONVICTION IF THE PERSON 01 OTHERWISE SATISFIES THE REQUIREMENTS FOR THE CERTIFICATE. 02 WHEN DECIDING WHETHER TO GRANT OR DENY THE PETITION, THE 03 DEPARTMENT SHALL CONSIDER THE NATURE OF THE PARTICULAR 04 CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS BEEN 05 REHABILITATED, AND THE OTHER FACTORS THAT THE DEPARTMENT 06 DETERMINES ARE SIGNIFICANT]. 07 * Sec. 17. AS 14.20.030(b) is amended to read: 08  (b) The commissioner or the Professional Teaching Practices Commission shall 09 revoke for life the certificate of a person who has been convicted of a crime involving 10 a minor under  AS 11.41.410 - 11.41.460  [AS 11.41.434 - 11.41.440, 11.41.455, OR 11 11.41.460], or under a law in another jurisdiction with elements substantially similar 12 to an offense described in  AS 11.41.410 - 11.41.460  [AS 11.41.434 - 11.41.440, 13 11.41.455, OR 11.41.460. WHEN FIVE YEARS HAVE ELAPSED AFTER THE 14 PERSON HAS RECEIVED AN UNCONDITIONAL DISCHARGE FOR THE 15 CONVICTION, THE PERSON MAY PETITION THE COMMISSION FOR 16 RECERTIFICATION. WHEN DECIDING WHETHER TO GRANT OR DENY THE 17 PETITION, THE COMMISSION SHALL CONSIDER THE NATURE OF THE 18 PARTICULAR CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS 19 BEEN REHABILITATED, AND THE OTHER FACTORS THAT THE 20 COMMISSION DETERMINES ARE SIGNIFICANT]. 21 * Sec. 18. AS 28.15.046(c) is amended to read: 22  (c) The department may not issue a license under this section to an applicant 23 who has been convicted of any of the following offenses within 20 years of the time 24 of application: 25  (1) sexual abuse of a minor in any degree under AS 11.41.434 - 26 11.41.440; 27  (2) sexual assault in any degree under  AS 11.41.410 - 11.41.425  28 [AS 11.41.410 OR 11.41.420]; 29  (3) incest under AS 11.41.450; 30  (4) unlawful exploitation of a minor under AS 11.41.455; 31  (5) contributing to the delinquency of a minor under AS 11.51.130; 01  (6) a felony involving possession of a controlled or imitation controlled 02 substance under AS 11.71 or AS 11.73; 03  (7) a felony or misdemeanor involving distribution of a controlled or 04 imitation controlled substance under AS 11.71 or AS 11.73; 05  (8) promoting prostitution in the first or second degree under 06 AS 11.66.110 or 11.66.120 ; 07  (9) indecent exposure in the first or second degree under 08 AS 11.41.458 or AS 11.41.460 . 09 * Sec. 19. AS 47.17.020(e) is amended to read: 10  (e) The department shall immediately notify the nearest law enforcement 11 agency if the department 12  (1) concludes that the harm was caused by a person who is not 13 responsible for the child's welfare; 14  (2) is unable to determine 15  (A) who caused the harm to the child; or 16  (B) whether the person who is believed to have caused the harm 17 has responsibility for the child's welfare; or 18  (3) concludes that the report involves 19  (A) possible criminal conduct under  AS 11.41.410 - 11.41.458  20 [AS 11.41.410 - 11.41.455]; or 21  (B) abuse or neglect that results in the need for medical 22 treatment of the child 23 * Sec. 20. Rule 6(r)(2), Alaska Rules of Criminal Procedure, is amended to read: 24  (2) In a prosecution for an offense under  AS 11.41.410 - 11.41.458 25 [AS 11.41.410 - 11.41.440 OR 11.41.455], hearsay evidence of a statement related to 26 the offense, not otherwise admissible, made by a child who is the victim of the offense 27 may be admitted into evidence before the grand jury if 28  (i) the circumstances of the statement indicate its reliability; 29  (ii) the child is under 10 years of age when the hearsay 30 evidence is sought to be admitted; 31  (iii) additional evidence is introduced to corroborate the 01 statement; and 02  (iv) the child testifies at the grand jury proceeding or the child 03 will be available to testify at trial. 04 * Sec. 21. APPLICABILITY OF SECTIONS 14 AND 15. (a) Except as otherwise 05 provided in this subsection, a sex offender with only one conviction for a sex offense that is 06 a violation of AS 11.41.460 or AS 11.61.127 who has been unconditionally discharged from 07 that sex offense before July 1, 1984, is not required to register under or otherwise comply with 08 AS 12.63. A sex offender who has been unconditionally discharged from a sex offense that 09 is a violation of AS 11.41.460 or AS 11.61.127 on or after July 1, 1984, but before the 10 effective date of this Act, shall register under and otherwise comply with AS 12.63 by July 1, 11 1998. A sex offender with two or more convictions for a sex offense or more than two 12 convictions of AS 11.41.460 before a person under 16 years of age before the effective date 13 of this Act, regardless of whether the sex offender was unconditionally released from the sex 14 offenses before, on, or after July 1, 1984, who was not required to register under sec. 12, ch. 15 41, SLA 1994, shall register under and otherwise comply with AS 12.63 by July 1, 1998. 16 (b) A conviction for a sex offense before the effective date of this Act is a sex offense 17 for purpose of the duration of registration requirement of AS 12.63.020(a). 18 (c) In this section, "sex offender" and "sex offense" have the meanings given by 19 AS 12.63.100, as amended by sec. 15 of this Act. 20 * Sec. 22. APPLICABILITY OF SECTIONS 3 - 8. Sections 3 - 8 of this Act apply to 21 offenses committed on or after the effective date of this Act. 22 * Sec. 23. This Act takes effect immediately under AS 01.10.070(c).