00 SENATE BILL NO. 12 01 "An Act relating to assault in the first degree; relating to sex offenses; and relating to 02 credit toward a sentence of imprisonment for time spent in a treatment program or 03 under electronic monitoring." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 11.41.200(a) is amended to read: 06 (a) A person commits the crime of assault in the first degree if 07 (1) that person recklessly causes serious physical injury to another by 08 means of a dangerous instrument; 09 (2) with intent to cause serious physical injury to another, the person 10 causes serious physical injury to any person; 11 (3) the person knowingly engages in conduct that results in serious 12 physical injury to another under circumstances manifesting extreme indifference to the 13 value of human life; [OR] 14 (4) that person recklessly causes serious physical injury to another by 01 repeated assaults using a dangerous instrument, even if each assault individually does 02 not cause serious physical injury; or  03 (5) that person knowingly causes another to become unconscious  04 by means of a dangerous instrument; in this paragraph, "dangerous instrument"  05 has the meaning given in AS 11.81.900(b)(15)(B). 06  * Sec. 2. AS 11.41.425(a) is amended to read:  07 (a) An offender commits the crime of sexual assault in the third degree if the 08 offender 09 (1) engages in sexual contact with a person who the offender knows is 10 (A) mentally incapable; 11 (B) incapacitated; or 12 (C) unaware that a sexual act is being committed; 13 (2) while employed in a state correctional facility or other placement 14 designated by the commissioner of corrections for the custody and care of prisoners, 15 engages in sexual penetration with a person who the offender knows is committed to 16 the custody of the Department of Corrections to serve a term of imprisonment or 17 period of temporary commitment; 18 (3) engages in sexual penetration with a person 18 or 19 years of age 19 who the offender knows is committed to the custody of the Department of Health and 20 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 21 the person; 22 (4) while employed in the state by a law enforcement agency as a 23 peace officer, or while acting as a peace officer in the state, engages in sexual 24 penetration with a person with reckless disregard that the person is in the custody or 25 the apparent custody of the offender, or is committed to the custody of a law 26 enforcement agency; 27 (5) while employed by the state or a municipality of the state as a 28 probation officer or parole officer, or while acting as a probation officer or parole 29 officer in the state, engages in sexual penetration with a person with reckless disregard 30 that the person is on probation or parole; [OR] 31 (6) while employed as a juvenile probation officer or as a juvenile 01 facility staff, engages in sexual penetration with a person 18 or 19 years of age with 02 reckless disregard that the person is committed to the custody or probationary 03 supervision of the Department of Health and Social Services; or  04 (7) engages in masturbation in the presence of another person and  05 ejaculates on that person without the consent of that person. 06  * Sec. 3. AS 11.41.438(a) is amended to read: 07 (a) An offender commits the crime of sexual abuse of a minor in the third 08 degree if 09 (1) being 17 years of age or older, the offender engages in sexual 10 contact with a person who is 13, 14, or 15 years of age and at least four years younger 11 than the offender; or  12 (2) the offender masturbates in the presence of a person  13 (A) under 18 years of age and ejaculates on that person,  14 and the  15 (i) offender is the victim's natural parent,  16 stepparent, adoptive parent, or legal guardian;  17 (ii) victim at the time of the offense is residing in the  18 same household as the offender and the offender has authority over  19 the victim; or  20 (iii) offender occupies a position of authority in  21 relation to the victim; or  22 (B) under 16 years of age and ejaculates on that person,  23 and the victim is at least three years younger than the offender. 24  * Sec. 4. AS 12.10.010(b) is amended to read: 25 (b) Except as otherwise provided by law or in (a) of this section, a person may 26 not be prosecuted, tried, or punished for an offense unless the indictment is found or 27 the information or complaint is instituted not later than 28 (1) 10 years after the commission of a felony offense in violation of 29 AS 11.41.120 - 11.41.330, 11.41.425(a)(1) or (5) - (7) [11.41.425(a)(1), 30 11.41.425(a)(5), 11.41.425(a)(6)], or 11.41.450 - 11.41.458; or 31 (2) five years after the commission of any other offense. 01  * Sec. 5. AS 12.55.027 is amended by adding a new subsection to read: 02 (i) Notwithstanding other provisions of this section, a court may not grant 03 credit toward a sentence of imprisonment for time spent in a treatment program or 04 under electronic monitoring if the sentence imposed is for a sex offense as defined in 05 AS 12.63.100. 06  * Sec. 6. AS 12.55.027(g)(3) is repealed. 07  * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. AS 11.41.200(a), as amended by sec. 1 of this Act, 10 AS 11.41.425(a), as amended by sec. 2 of this Act, AS 11.41.438(a), as amended by sec. 3 of 11 this Act, AS 12.10.010(b), as amended by sec. 4 of this Act, and AS 12.55.027(i), added by 12 sec. 5 of this Act, apply to offenses committed on or after the effective date of secs. 1 - 5 of 13 this Act.