00 HOUSE CS FOR CS FOR SENATE BILL NO. 28(JUD) 01 "An Act relating to crime and criminal procedure; relating to sex trafficking; relating to 02 human trafficking; relating to prostitution; relating to generated obscene child sexual 03 abuse material; changing the term 'child pornography' to 'child sexual abuse material'; 04 relating to the crime of violating a protective order; relating to workplace violence 05 protective orders; relating to victim confidentiality; establishing the process for vacating 06 judgments for certain convictions of prostitution; relating to the powers of district 07 judges and magistrates; relating to licensing of school bus drivers; establishing the 08 Council on Human and Sex Trafficking; relating to permanent fund dividends for 09 certain individuals whose convictions are vacated; amending Rules 4 and 65, Alaska 10 Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration; and providing for 11 an effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 01  * Section 1. AS 04.06.110 is amended to read: 02 Sec. 04.06.110. Peace officer powers. The director and the persons employed 03 for the administration and enforcement of this title may, with the concurrence of the 04 commissioner of public safety, exercise the powers of peace officers when those 05 powers are specifically granted by the board. Powers granted by the board under this 06 section may be exercised only when necessary for the enforcement of the criminally 07 punishable provisions of this title, regulations of the board, and other criminally 08 punishable laws and regulations, including investigation of violations of laws against 09 [PROSTITUTION AND] sex trafficking described in AS 11.41.340 - 11.41.357, laws  10 against prostitution described in AS 11.66.101 - 11.66.106, [AS 11.66.100 - 11 11.66.135] and laws against gambling, promoting gambling, and related offenses 12 described in AS 11.66.200 - 11.66.280. Unless authorized by a search warrant 13 described in AS 12.35, nothing in this section authorizes the use of metal keys, 14 magnetic card keys, or identification cards to access private clubs.  15  * Sec. 2. AS 09.25.400 is amended to read: 16 Sec. 09.25.400. Privilege relating to domestic violence, sex trafficking, and  17 sexual assault counseling. Confidential communications between a victim of 18 domestic violence, sex trafficking, or sexual assault and a victim counselor are 19 privileged under AS 18.66.200 - 18.66.250. 20  * Sec. 3. AS 11.31.120(h)(2) is amended to read: 21 (2) "serious felony offense" means an offense 22 (A) against the person under AS 11.41, punishable as an 23 unclassified or class A felony; 24 (B) involving controlled substances under AS 11.71, 25 punishable as an unclassified, class A, or class B felony; 26 (C) that is criminal mischief in the first degree under 27 AS 11.46.475; 28 (D) that is terroristic threatening in the first degree under 29 AS 11.56.807; 30 (E) that is human trafficking in the first degree under 31 AS 11.41.360; 01 (F) that is sex trafficking in the first degree under AS 11.41.340 02 [AS 11.66.110]; or 03 (G) that is arson in the first degree under AS 11.46.400 or arson 04 in the second degree under AS 11.46.410. 05  * Sec. 4. AS 11.41 is amended by adding new sections to read: 06 Sec. 11.41.340. Sex trafficking in the first degree. (a) A person commits the 07 crime of sex trafficking in the first degree if the person 08 (1) as other than a patron of a victim of sex trafficking, induces or 09 causes another person to engage in a commercial sexual act through the use of force or 10 threat of force against any person; or 11 (2) violates AS 11.41.345 and the person induced or caused to engage 12 in the commercial sexual act is 13 (A) under 21 years of age; or 14 (B) in that person's legal custody. 15 (b) Sex trafficking in the first degree is an unclassified felony. 16 Sec. 11.41.345. Sex trafficking in the second degree. (a) A person commits 17 the crime of sex trafficking in the second degree if, as other than a patron of a victim 18 of sex trafficking under AS 11.41.355 or a patron of a prostitute under AS 11.66.104 19 or 11.66.106, the person intentionally induces or causes another person to engage in a 20 commercial sexual act. 21 (b) Sex trafficking in the second degree is a class A felony. 22 Sec. 11.41.350. Sex trafficking in the third degree. (a) A person commits the 23 crime of sex trafficking in the third degree if, as other than a patron of a victim of sex 24 trafficking, the person provides services, resources, or other assistance in furtherance 25 of a violation of AS 11.41.340 or 11.41.345. 26 (b) Sex trafficking in the third degree is a 27 (1) class B felony if the value of the services, resources, or other 28 assistance provided is $200 or more; or 29 (2) class C felony if the value of the services, resources, or other 30 assistance provided is less than $200. 31 Sec. 11.41.355. Patron of a victim of sex trafficking. (a) A person commits 01 the crime of patron of a victim of sex trafficking if the person solicits a commercial 02 sexual act 03 (1) with reckless disregard that the person engaging in the sexual act is 04 a victim of sex trafficking; or 05 (2) from a person who is under 18 years of age. 06 (b) In a prosecution under (a)(2) of this section, it is an affirmative defense 07 that, at the time of the alleged offense, the defendant 08 (1) reasonably believed the person to be 18 years of age or older; and 09 (2) undertook reasonable measures to verify that the person was 18 10 years of age or older. 11 (c) Patron of a victim of sex trafficking is a 12 (1) class B felony if the person violates (a)(2) of this section; 13 (2) class C felony if the person violates (a)(1) of this section. 14 Sec. 11.41.357. Inducing or causing a person to engage in a commercial  15 sexual act. For purposes of AS 11.41.340 - 11.41.355, a person induces or causes 16 another person to engage in a commercial sexual act including by 17 (1) exposing or threatening to expose confidential information or a 18 secret, whether true or false, that would subject a person to hatred, contempt, or 19 ridicule; 20 (2) destroying, concealing, or threatening to destroy or conceal an 21 actual or purported passport or immigration document or another actual or purported 22 identification document of any person; 23 (3) threatening to report a person to a government agency for the 24 purpose of arrest or deportation; 25 (4) threatening to collect a debt; 26 (5) instilling in a person a fear that lodging, food, clothing, or 27 medication will be withheld from any person; 28 (6) providing a controlled substance to or withholding a controlled 29 substance from the other person; or 30 (7) engaging in deception. 31  * Sec. 5. AS 11.41.360(a) is amended to read: 01 (a) A person commits the crime of human trafficking in the first degree if,  02 under circumstances not proscribed under AS 11.41.340 - 11.41.357, the person 03 (1) [COMPELS OR] induces or causes another person to engage in 04 [SEXUAL CONDUCT,] adult entertainment [,] or labor [IN THE STATE] by force or 05 threat of force against any person; or 06 (2) violates AS 11.41.365 and the victim is under 21 years of age [, 07 OR BY DECEPTION]. 08  * Sec. 6. AS 11.41.360(c) is amended to read: 09 (c) Human trafficking in the first degree is an unclassified [A CLASS A] 10 felony. 11  * Sec. 7. AS 11.41.365 is amended to read: 12 Sec. 11.41.365. Human trafficking in the second degree. (a) A person 13 commits the crime of human trafficking in the second degree if, under circumstances  14 not proscribed under AS 11.41.340 - 11.41.357, the person intentionally induces or  15 causes another person to engage in adult entertainment or labor by  16 (1) exposing or threatening to expose confidential information or a  17 secret, whether true or false, tending to subject a person to hatred, contempt, or  18 ridicule;  19 (2) destroying, concealing, or threatening to destroy or conceal an  20 actual or purported passport or immigration document or another actual or  21 purported identification document of any person;  22 (3) threatening to report a person to a government agency for the  23 purpose of arrest or deportation;  24 (4) threatening to collect a debt;  25 (5) instilling in a person a fear that lodging, food, clothing, or  26 medication will be withheld from any person;  27 (6) providing a controlled substance to or withholding a controlled  28 substance from the other person; or  29 (7) engaging in deception [OBTAINS A BENEFIT FROM THE 30 COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH 31 RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE 01 TRAFFICKING].  02 (b) Human trafficking in the second degree is a class A [B] felony. 03  * Sec. 8. AS 11.41 is amended by adding new sections to read: 04 Sec. 11.41.366. Human trafficking in the third degree. (a) A person 05 commits the crime of human trafficking in the third degree if the person provides 06 services, resources, or other assistance with the intent to promote a violation of 07 AS 11.41.360 or 11.41.365. 08 (b) Human trafficking in the third degree is a 09 (1) class B felony if the value of the services, resources, or other 10 assistance provided is $200 or more; 11 (2) class C felony if the value of the services, resources, or other 12 assistance provided is less than $200. 13 Sec. 11.41.367. Applicability of AS 11.41.360 - 11.41.366. AS 11.41.360 - 14 11.41.366 do not apply to acts that may reasonably be construed to be a normal 15 caretaker request of a child or a normal interaction with a child. 16 Sec. 11.41.369. Forfeiture. (a) Property used to institute, aid, or facilitate, or 17 received or derived from, a violation of AS 11.41.340 - 11.41.366, including real 18 property, may be forfeited at sentencing. 19 (b) The legislature may appropriate funds received from the sale of property 20 forfeited under (a) of this section for an offense under AS 11.41.340 - 11.41.357 to 21 programs that provide resources to victims of sex trafficking. 22  * Sec. 9. AS 11.41.530(a) is amended to read: 23 (a) A person commits the crime of coercion if, under circumstances not 24 proscribed under AS 11.41.340 - 11.41.366 or 11.41.410 - 11.41.427 [AS 11.41.410 - 25 11.41.427], the person compels another to engage in conduct from which there is a 26 legal right to abstain or abstain from conduct in which there is a legal right to engage, 27 by means of instilling in the person who is compelled a fear that, if the demand is not 28 complied with, the person who makes the demand or another may 29 (1) inflict physical injury on anyone, except under circumstances 30 constituting robbery in any degree, or commit any other crime; 31 (2) accuse anyone of a crime; 01 (3) expose confidential information or a secret, whether true or false, 02 tending to subject a person to hatred, contempt, or ridicule or to impair the person's 03 credit or business repute; 04 (4) take or withhold action as a public servant or cause a public servant 05 to take or withhold action; 06 (5) bring about or continue a strike, boycott, or other collective 07 unofficial action, if the property is not demanded or received for the benefit of the 08 group in whose interest the person making the threat or suggestion purports to act; 09 (6) testify or provide information or withhold testimony or information 10 with respect to a person's legal claim or defense.  11  * Sec. 10. AS 11.56.740(a) is amended to read: 12 (a) A person commits the crime of violating a protective order if the person is 13 subject to a protective order 14 (1) issued, filed, or recognized under AS 18.66 and containing a 15 provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to 16 commit an act with reckless disregard that the act violates or would violate a provision 17 of the protective order; 18 (2) issued or recognized under AS 18.65.850, 18.65.855, 18.65.860, or 19 18.65.867 and knowingly commits or attempts to commit an act that violates or would 20 violate a provision listed in AS 18.65.850(c)(1) - (3); [OR] 21 (3) issued under AS 13.26.450 - 13.26.460 and knowingly commits or 22 attempts to commit an act with reckless disregard that the act violates or would violate 23 a provision of the protective order; or  24 (4) issued under AS 18.65.875 - 18.65.899 and knowingly commits  25 or attempts to commit an act that violates or would violate a provision listed in  26 AS 18.65.875(c). 27  * Sec. 11. AS 11.56.740(c) is amended to read: 28 (c) In this section, "protective order" means an order issued, filed, or 29 recognized under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 30 - 18.65.870], or AS 18.66.100 - 18.66.180. 31  * Sec. 12. AS 11.61.120(a) is amended to read: 01 (a) A person commits the crime of harassment in the second degree if, with 02 intent to harass or annoy another person, that person 03 (1) insults, taunts, or challenges another person in a manner likely to 04 provoke an immediate violent response; 05 (2) telephones another and fails to terminate the connection with intent 06 to impair the ability of that person to place or receive telephone calls; 07 (3) makes repeated telephone calls at extremely inconvenient hours; 08 (4) makes an anonymous or obscene telephone call, an obscene 09 electronic communication, or a telephone call or electronic communication that 10 threatens physical injury or sexual contact; 11 (5) subjects another person to offensive physical contact; 12 (6) except as provided in AS 11.61.116, publishes or distributes 13 electronic or printed photographs, pictures, or films that show the genitals, anus, or 14 female breast of the other person or show that person engaged in a sexual act; 15 (7) repeatedly sends or publishes an electronic communication that 16 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 17 that places the person in reasonable fear of physical injury; or 18 (8) under circumstances not proscribed under AS 11.41.455, 19 AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 20 person, publishes, or distributes electronic or printed photographs, pictures, or films 21 that show the genitals of any person. 22  * Sec. 13. AS 11.61 is amended by adding new sections to read: 23 Sec. 11.61.121. Distribution of generated obscene child sexual abuse  24 material. (a) A person commits the crime of distribution of generated obscene child 25 sexual abuse material if the person distributes in this state or advertises, promotes, 26 solicits, or offers to distribute in this state any material that is proscribed under 27 AS 11.61.122. 28 (b) The possession of 100 or more films, audio, video, electronic, or 29 electromagnetic recordings, photographs, negatives, slides, books, newspapers, 30 magazines, or other materials, including a combination of these items totaling 100 or 31 more, is prima facie evidence of distribution and intent to distribute under (a) of this 01 section. 02 (c) In this section, "distribution" includes the following, whether or not for 03 monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 04 circulating, exhibiting, presenting, providing, exchanging, placing on a computer 05 network or computer system, and providing billing collection, or other ancillary 06 services for or otherwise supporting these activities. 07 (d) Distribution of generated obscene child sexual abuse material is a 08 (1) class B felony; or 09 (2) class A felony if the person has been previously convicted of 10 distribution of generated obscene child sexual abuse material in this jurisdiction or a 11 similar crime in this or another jurisdiction. 12 Sec. 11.61.122. Possession of generated obscene child sexual abuse  13 material. (a) A person commits the crime of possession of generated obscene child 14 sexual abuse material if the person knowingly possesses or knowingly accesses on a 15 computer with intent to view any material that 16 (1) the average person, applying contemporary community standards, 17 would find, when considered as a whole, appeals to the prurient interest; 18 (2) depicts, in a patently offensive way, a child under 18 years of age 19 who, by manipulation, creation, or modification, appears to be engaged in conduct 20 described in AS 11.41.455(a); and 21 (3) when considered as a whole, lacks serious literary, artistic, 22 political, or scientific value. 23 (b) This section does not apply to an employee of an interactive computer 24 service, Internet service provider, cloud service provider, or telecommunications 25 network who, while acting in the scope of employment, possesses or accesses the 26 material described in (a) of this section solely to prevent, detect, report, or otherwise 27 respond to the production, generation, manipulation, or modification of the material. 28 In this subsection, "interactive computer service" has the meaning given in 29 AS 11.61.127(b). 30 (c) In this section, "computer" has the meaning given in AS 11.46.990. 31 (d) Possession of generated obscene child sexual abuse material is a class C 01 felony.  02  * Sec. 14. AS 11.61.125(a) is amended to read: 03 (a) A person commits the crime of distribution of child sexual abuse material 04 [PORNOGRAPHY] if the person distributes in this state or advertises, promotes, 05 solicits, or offers to distribute in this state any material that is proscribed under 06 AS 11.61.127. 07  * Sec. 15. AS 11.61.125(e) is amended to read: 08 (e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 09 (1) class B felony; or 10 (2) class A felony if the person has been previously convicted of 11 distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 12 a similar crime in this or another jurisdiction.  13  * Sec. 16. AS 11.61.127(a) is amended to read: 14 (a) A person commits the crime of possession of child sexual abuse material 15 [PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 16 computer with intent to view any material that visually depicts conduct described in 17 AS 11.41.455(a) knowing that the 18 (1) production of the material involved the use of a child under 18 19 years of age who engaged in the conduct; or 20 (2) material depicts [A DEPICTION OF] a part of an actual child 21 under 18 years of age, or is a representation that is indistinguishable from an  22 identifiable child under 18 years of age, who, by manipulation, creation, or 23 modification, appears to be engaged in the conduct. 24  * Sec. 17. AS 11.61.127(b) is amended to read: 25 (b) This section does not apply to 26 (1) persons providing plethysmograph assessments in the course of a 27 sex offender treatment program that meets the minimum standards under 28 AS 33.30.011(a)(5); or 29 (2) an employee of an interactive computer service, Internet  30 service provider, cloud service provider, or telecommunications network who,  31 while acting in the scope of employment, possesses or accesses the material  01 described in (a) of this section solely to prevent, detect, report, or otherwise  02 respond to the production, generation, manipulation, or modification of the  03 material; in this paragraph, "interactive computer service" means an  04 information service, system, or access software provider that provides or enables  05 computer access by multiple users to a computer server, including specifically a  06 service or system that provides access to the Internet and those systems operated  07 or services offered by libraries or educational institutions. 08  * Sec. 18. AS 11.61.127(f) is amended to read: 09 (f) In this section, 10 (1) "computer" has the meaning given in AS 11.46.990; 11 (2) "identifiable child" means an individual who is recognizable as  12 an actual child by the child's face, likeness, or other distinguishing  13 characteristics, regardless of whether the individual depicted is no longer under  14 18 years of age.  15  * Sec. 19. AS 11.61.127(g) is amended to read: 16 (g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 17 C felony. 18  * Sec. 20. AS 11.61.129(a) is amended to read: 19 (a) Property used to aid a violation of AS 11.61.121 - 11.61.128 20 [AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 21 conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 22 11.61.128] may be forfeited to the state upon the conviction of the offender.  23  * Sec. 21. AS 11.66 is amended by adding new sections to read: 24 Sec. 11.66.101. Prostitution in the first degree. (a) A person commits the 25 crime of prostitution in the first degree if the person manages, supervises, controls, or 26 owns, either alone or in association with others, a prostitution enterprise or a place of 27 prostitution. 28 (b) Prostitution in the first degree is a class B felony. 29 Sec. 11.66.102. Prostitution in the second degree. (a) A person commits the 30 crime of prostitution in the second degree if the person engages in or agrees or offers 31 to engage in sexual conduct in exchange for a fee. 01 (b) A person may not be prosecuted under this section if the 02 (1) person witnessed or was a victim of, and reported to law 03 enforcement in good faith, one or more of the following crimes: 04 (A) murder in the first degree under AS 11.41.100; 05 (B) murder in the second degree under AS 11.41.110; 06 (C) manslaughter under AS 11.41.120; 07 (D) criminally negligent homicide under AS 11.41.130; 08 (E) assault in the first degree under AS 11.41.200; 09 (F) assault in the second degree under AS 11.41.210; 10 (G) assault in the third degree under AS 11.41.220; 11 (H) assault in the fourth degree under AS 11.41.230; 12 (I) sex trafficking in the first degree under AS 11.41.340; 13 (J) sex trafficking in the second degree under AS 11.41.345; 14 (K) sex trafficking in the third degree under AS 11.41.350; 15 (L) patron of a victim of sex trafficking under AS 11.41.355; 16 (M) sexual assault in the first degree under AS 11.41.410; 17 (N) sexual assault in the second degree under AS 11.41.420; 18 (O) sexual assault in the third degree under AS 11.41.425; 19 (P) sexual assault in the fourth degree under AS 11.41.427; 20 (Q) sexual abuse of a minor in the first degree under 21 AS 11.41.434; 22 (R) sexual abuse of a minor in the second degree under 23 AS 11.41.436; 24 (S) sexual abuse of a minor in the third degree under 25 AS 11.41.438; 26 (T) sexual abuse of a minor in the fourth degree under 27 AS 11.41.440; 28 (U) robbery in the first degree under AS 11.41.500; 29 (V) robbery in the second degree under AS 11.41.510; 30 (W) extortion under AS 11.41.520; 31 (X) coercion under AS 11.41.530; 01 (Y) distribution of generated obscene child sexual abuse 02 material under AS 11.61.121; 03 (Z) possession of generated obscene child sexual abuse 04 material under AS 11.61.122; 05 (AA) distribution of child sexual abuse material under 06 AS 11.61.125; or 07 (BB) possession of child sexual abuse material under 08 AS 11.61.127; 09 (2) evidence supporting the prosecution under (a) of this section was 10 obtained or discovered as a result of the person reporting the crime to law 11 enforcement; and 12 (3) person cooperated with law enforcement personnel. 13 (c) Prostitution in the second degree is a class B misdemeanor.  14 Sec. 11.66.104. Patron of a prostitute in the first degree. (a) A person 15 commits the crime of patron of a prostitute in the first degree if the person violates 16 AS 11.66.106 and, within the preceding five years, the person has been previously 17 convicted on two or more separate occasions in this or another jurisdiction of an 18 offense under AS 11.66.106 or an offense under another law or ordinance in this or 19 another jurisdiction with similar elements. 20 (b) Patron of a prostitute in the first degree is a class C felony. 21 Sec. 11.66.106. Patron of a prostitute in the second degree. (a) A person 22 commits the crime of patron of a prostitute in the second degree if the person offers a 23 fee in exchange for sexual conduct. 24 (b) Patron of a prostitute in the second degree is a class A misdemeanor. 25  * Sec. 22. AS 11.66.145 is amended to read: 26 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 27 received or derived from, a violation of AS 11.66.101 - 11.66.106 [AS 11.66.100(e) 28 OR 11.66.110 - 11.66.135] may be forfeited at sentencing.  29  * Sec. 23. AS 11.66.150 is amended to read: 30 Sec. 11.66.150. Definitions. In AS 11.66.101 - 11.66.150 [AS 11.66.100 - 31 11.66.150], unless the context requires otherwise,  01 (1) "compensation" does not include any payment for reasonably 02 apportioned shared expenses; 03 (2) "place of prostitution" means any place where a person, other than  04 a proprietor of the place, engages in sexual conduct in return for a fee; 05 (3) "prostitution enterprise" means an arrangement in which two or 06 more persons are organized to render sexual conduct in return for a fee; 07 (4) "sexual conduct" means genital or anal intercourse, cunnilingus, 08 fellatio, or masturbation of one person by another person. 09  * Sec. 24. AS 11.66.150 is amended by adding a new paragraph to read: 10 (5) "fee" does not include payment for reasonably apportioned shared 11 expenses of a residence. 12  * Sec. 25. AS 11.81.250(a) is amended to read: 13 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 14 title, except murder in the first and second degree, attempted murder in the first 15 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 16 in the first degree, murder of an unborn child, human trafficking in the first degree, 17 sexual assault in the first degree, sexual abuse of a minor in the first degree, 18 misconduct involving a controlled substance in the first degree, sex trafficking in the 19 first degree [UNDER AS 11.66.110(a)(2)], and kidnapping, are classified on the basis 20 of their seriousness, according to the type of injury characteristically caused or risked 21 by commission of the offense and the culpability of the offender. Except for murder in 22 the first and second degree, attempted murder in the first degree, solicitation to 23 commit murder in the first degree, conspiracy to commit murder in the first degree, 24 murder of an unborn child, human trafficking in the first degree, sexual assault in 25 the first degree, sexual abuse of a minor in the first degree, misconduct involving a 26 controlled substance in the first degree, sex trafficking in the first degree [UNDER 27 AS 11.66.110(a)(2)], and kidnapping, the offenses in this title are classified into the 28 following categories: 29 (1) class A felonies, which characteristically involve conduct resulting 30 in serious physical injury or a substantial risk of serious physical injury to a person; 31 (2) class B felonies, which characteristically involve conduct resulting 01 in less severe violence against a person than class A felonies, aggravated offenses 02 against property interests, or aggravated offenses against public administration or 03 order; 04 (3) class C felonies, which characteristically involve conduct serious 05 enough to deserve felony classification but not serious enough to be classified as A or 06 B felonies; 07 (4) class A misdemeanors, which characteristically involve less severe 08 violence against a person, less serious offenses against property interests, less serious 09 offenses against public administration or order, or less serious offenses against public 10 health and decency than felonies; 11 (5) class B misdemeanors, which characteristically involve a minor 12 risk of physical injury to a person, minor offenses against property interests, minor 13 offenses against public administration or order, or minor offenses against public health 14 and decency; 15 (6) violations, which characteristically involve conduct inappropriate 16 to an orderly society but which do not denote criminality in their commission. 17  * Sec. 26. AS 11.81.250(b) is amended to read: 18 (b) The classification of each felony defined in this title, except murder in the 19 first and second degree, attempted murder in the first degree, solicitation to commit 20 murder in the first degree, conspiracy to commit murder in the first degree, murder of 21 an unborn child, human trafficking in the first degree, sexual assault in the first 22 degree, sexual abuse of a minor in the first degree, misconduct involving a controlled 23 substance in the first degree, sex trafficking in the first degree [UNDER 24 AS 11.66.110(a)(2)], and kidnapping, is designated in the section defining it. A felony 25 under the law of this state defined outside this title for which no penalty is specifically 26 provided is a class C felony. 27  * Sec. 27. AS 11.81.900(b) is amended by adding new paragraphs to read: 28 (69) "adult entertainment" means an activity in which one or more 29 individuals are employed, contracted, or permitted to, wholly or in part, entertain 30 others by 31 (A) removing clothes or other items that clothe or hide the 01 person's body; 02 (B) dancing or in any other manner exhibiting the individual's 03 body in a completely or almost completely unclothed state; 04 (C) participating in a simulated illegal, indecent, or lewd 05 exhibition, act, or practice, including simulated 06 (i) sexual penetration; 07 (ii) the lewd exhibition or touching of a person's 08 genitals, anus, or breast; or 09 (iii) bestiality; 10 (70) "commercial sexual act" means a sexual act for which anything of 11 value is given or received by any person; 12 (71) "services, resources, or other assistance" includes financial 13 support, business services, lodging, transportation, providing false identification 14 documents or other documentation, equipment, facilities, or any other service or 15 property, regardless of whether a person is compensated; 16 (72) "sexual act" means sexual penetration or sexual contact; 17 (73) "victim of sex trafficking" means a person who has been induced 18 or caused to engage in a commercial sexual act under AS 11.41.340 - 11.41.350.  19  * Sec. 28. AS 12.10.010 is amended to read: 20 Sec. 12.10.010. General time limitations. (a) Prosecution for the following 21 offenses may be commenced at any time:  22 (1) murder; 23 (2) attempt, solicitation, or conspiracy to commit murder or hindering 24 the prosecution of murder; 25 (3) felony sexual abuse of a minor; 26 (4) sexual assault that is an unclassified, class A, or class B felony or a 27 violation of AS 11.41.425(a)(2) - (4); 28 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 29 [AS 11.66.110 - 11.66.130,] or former AS 11.41.430, when committed against a 30 person who, at the time of the offense, was under 18 years of age; 31 (6) kidnapping; 01 (7) distribution of generated obscene child sexual abuse material in  02 violation of AS 11.61.121 or distribution of child sexual abuse material 03 [PORNOGRAPHY] in violation of AS 11.61.125; 04 (8) sex trafficking in violation of AS 11.41.340 or 11.41.345 05 [AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR CLASS B 06 FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT THE 07 TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE]; 08 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 09 (b) Except as otherwise provided by law or in (a) of this section, a person may 10 not be prosecuted, tried, or punished for an offense unless the indictment is found or 11 the information or complaint is instituted not later than 12 (1) 10 years after the commission of a felony offense in violation of 13 AS 11.41.120 - 11.41.330, 11.41.350, 11.41.366, 11.41.425(a)(1), 11.41.425(a)(5), 14 11.41.425(a)(6), or 11.41.450 - 11.41.458; or 15 (2) five years after the commission of any other offense. 16  * Sec. 29. AS 12.37.010 is amended to read: 17 Sec. 12.37.010. Authorization to intercept communications. The attorney 18 general, or a person designated in writing or by law to act for the attorney general, 19 may authorize, in writing, an ex parte application to a court of competent jurisdiction 20 for an order authorizing the interception of a private communication if the interception 21 may provide evidence of, or may assist in the apprehension of persons who have 22 committed, are committing, or are planning to commit, the following offenses:  23 (1) murder in the first or second degree under AS 11.41.100 - 24 11.41.110; 25 (2) kidnapping under AS 11.41.300; 26 (3) a class A or unclassified felony drug offense under AS 11.71; 27 (4) sex trafficking in the first or second degree under AS 11.41.340 or  28 11.41.345 [AS 11.66.110 AND 11.66.120]; or 29 (5) human trafficking [IN THE FIRST DEGREE] under AS 11.41.360 30 or 11.41.365. 31  * Sec. 30. AS 12.45.049 is amended to read: 01 Sec. 12.45.049. Privilege relating to domestic violence, sex trafficking, and  02 sexual assault counseling. Confidential communications between a victim of 03 domestic violence, sex trafficking, or sexual assault and a victim counselor are 04 privileged under AS 18.66.200 - 18.66.250. 05  * Sec. 31. AS 12.55.015 is amended by adding a new subsection to read: 06 (m) In addition to the penalties authorized by this section, if a defendant holds 07 a business license and is convicted of an offense under AS 11.41.340 - 11.41.366, and 08 the defendant used the business in furtherance of the offense, the court shall revoke the 09 defendant's business license. 10  * Sec. 32. AS 12.55.035(b) is amended to read: 11 (b) Upon conviction of an offense, a defendant who is not an organization may 12 be sentenced to pay, unless otherwise specified in the provision of law defining the 13 offense, a fine of not more than 14 (1) $500,000 for murder in the first or second degree, attempted 15 murder in the first degree, murder of an unborn child, human trafficking in the first  16 degree, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), 17 sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first 18 degree [UNDER AS 11.66.110(a)(2)], or misconduct involving a controlled substance 19 in the first degree; 20 (2) $250,000 for a class A felony; 21 (3) $100,000 for a class B felony; 22 (4) $50,000 for a class C felony; 23 (5) $25,000 for a class A misdemeanor; 24 (6) $2,000 for a class B misdemeanor; 25 (7) $500 for a violation. 26  * Sec. 33. AS 12.55.078(f) is amended to read: 27 (f) The court may not suspend the imposition or entry of judgment and may 28 not defer prosecution under this section of a person who 29 (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 30 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 31 AS 11.46.400, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 01 11.61.128], AS 11.66.101, or 11.66.104 [OR AS 11.66.110 - 11.66.135]; 02 (2) uses a firearm in the commission of the offense for which the 03 person is charged; 04 (3) has previously been granted a suspension of judgment under this 05 section or a similar statute in another jurisdiction, unless the court enters written 06 findings that by clear and convincing evidence the person's prospects for rehabilitation 07 are high and suspending judgment under this section adequately protects the victim of 08 the offense, if any, and the community; 09 (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 10 and the person has one or more prior convictions for a misdemeanor violation of 11 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 12 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 13 felony in this state; for the purposes of this paragraph, a person shall be considered to 14 have a prior conviction even if 15 (A) the charges were dismissed under this section; 16 (B) the conviction has been set aside under AS 12.55.085; or 17 (C) the charge or conviction was dismissed or set aside under 18 an equivalent provision of the laws of another jurisdiction; or 19 (5) is charged with a crime involving domestic violence, as defined in 20 AS 18.66.990. 21  * Sec. 34. AS 12.55.085(f) is amended to read: 22 (f) The court may not suspend the imposition of sentence of a person who 23 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 24 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 25 AS 11.46.400, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 26 11.61.128], AS 11.66.101, or 11.66.104 [OR AS 11.66.110 - 11.66.135]; 27 (2) uses a firearm in the commission of the offense for which the 28 person is convicted; or 29 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 30 and the person has one or more prior convictions for a misdemeanor violation of 31 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 01 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 02 felony in this state; for the purposes of this paragraph, a person shall be considered to 03 have a prior conviction even if that conviction has been set aside under (e) of this 04 section or under the equivalent provision of the laws of another jurisdiction. 05  * Sec. 35. AS 12.55.100(e) is amended to read: 06 (e) In addition to other conditions imposed on the defendant, while on 07 probation and as a condition of probation 08 (1) for a sex offense, as described in AS 12.63.100, the defendant 09 (A) shall be required to submit to regular periodic polygraph 10 examinations; 11 (B) may be required to provide each electronic mail address, 12 instant messaging address, and other Internet communication identifier that the 13 defendant uses to the defendant's probation officer; the probation officer shall 14 forward those addresses and identifiers to the Alaska state troopers and to the 15 local law enforcement agency; 16 (2) if the defendant was convicted of a violation of AS 11.41.434 - 17 11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 18 11.61.128], or a similar offense in another jurisdiction, the defendant may be required 19 to refrain from 20 (A) using or creating an Internet site; 21 (B) communicating with children under 16 years of age; 22 (C) possessing or using a computer; or 23 (D) residing within 500 feet of school grounds; in this 24 subparagraph, "school grounds" has the meaning given in AS 11.71.900. 25  * Sec. 36. AS 12.55.125(b) is amended to read: 26 (b) A defendant convicted of attempted murder in the first degree, solicitation 27 to commit murder in the first degree, conspiracy to commit murder in the first degree, 28 kidnapping, human trafficking in the first degree, or misconduct involving a 29 controlled substance in the first degree shall be sentenced to a definite term of 30 imprisonment of at least five years but not more than 99 years. A defendant convicted 31 of murder in the second degree or murder of an unborn child under 01 AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at 02 least 15 years but not more than 99 years. A defendant convicted of murder in the 03 second degree shall be sentenced to a definite term of imprisonment of at least 20 04 years but not more than 99 years when the defendant is convicted of the murder of a 05 child under 16 years of age and the court finds by clear and convincing evidence that 06 the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal 07 guardian, or a person occupying a position of authority in relation to the child; or (2) 08 caused the death of the child by committing a crime against a person under 09 AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 10 authority" have the meanings given in AS 11.41.470. 11  * Sec. 37. AS 12.55.125(i) is amended to read: 12 (i) A defendant convicted of 13 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 14 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 15 under AS 11.41.455(c)(2), or sex trafficking in the first degree [UNDER 16 AS 11.66.110(a)(2)] may be sentenced to a definite term of imprisonment of not more 17 than 99 years and shall be sentenced to a definite term within the following 18 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (A) if the offense is a first felony conviction, the offense does 20 not involve circumstances described in (B) of this paragraph, and the victim 21 was 22 (i) less than 13 years of age, 25 to 35 years; 23 (ii) 13 years of age or older, 20 to 30 years; 24 (B) if the offense is a first felony conviction and the defendant 25 possessed a firearm, used a dangerous instrument, or caused serious physical 26 injury during the commission of the offense, 25 to 35 years; 27 (C) if the offense is a second felony conviction and does not 28 involve circumstances described in (D) of this paragraph, 30 to 40 years; 29 (D) if the offense is a second felony conviction and the 30 defendant has a prior conviction for a sexual felony, 35 to 45 years; 31 (E) if the offense is a third felony conviction and the defendant 01 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 02 to 60 years; 03 (F) if the offense is a third felony conviction, the defendant is 04 not subject to sentencing under (l) of this section, and the defendant has two 05 prior convictions for sexual felonies, 99 years; 06 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), sex  07 trafficking in the second degree, unlawful exploitation of a minor under 08 AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), or attempt, 09 conspiracy, or solicitation to commit sexual assault in the first degree under 10 AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, 11 unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex trafficking in the 12 first degree [UNDER AS 11.66.110(a)(2)] may be sentenced to a definite term of 13 imprisonment of not more than 99 years and shall be sentenced to a definite term 14 within the following presumptive ranges, subject to adjustment as provided in 15 AS 12.55.155 - 12.55.175: 16 (A) if the offense is a first felony conviction, the offense does 17 not involve circumstances described in (B) of this paragraph, and the victim 18 was 19 (i) under 13 years of age, 20 to 30 years; 20 (ii) 13 years of age or older, 15 to 30 years; 21 (B) if the offense is a first felony conviction and the defendant 22 possessed a firearm, used a dangerous instrument, or caused serious physical 23 injury during the commission of the offense, 25 to 35 years; 24 (C) if the offense is a second felony conviction and does not 25 involve circumstances described in (D) of this paragraph, 25 to 35 years; 26 (D) if the offense is a second felony conviction and the 27 defendant has a prior conviction for a sexual felony, 30 to 40 years; 28 (E) if the offense is a third felony conviction, the offense does 29 not involve circumstances described in (F) of this paragraph, and the defendant 30 is not subject to sentencing under (l) of this section, 35 to 50 years; 31 (F) if the offense is a third felony conviction, the defendant is 01 not subject to sentencing under (l) of this section, and the defendant has two 02 prior convictions for sexual felonies, 99 years; 03 (3) sex trafficking in the third degree under AS 11.41.350(b)(1),  04 patron of a victim of sex trafficking under AS 11.41.355(c)(1), sexual assault in the 05 second degree, sexual abuse of a minor in the second degree, enticement of a minor 06 under AS 11.41.452(d), indecent exposure in the first degree under 07 AS 11.41.458(b)(2), distribution of generated obscene child sexual abuse material  08 under AS 11.61.121(d)(2), indecent viewing or production of a picture under 09 AS 11.61.123(g)(1), distribution of child sexual abuse material [PORNOGRAPHY] 10 under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation to commit sexual 11 assault in the first degree under AS 11.41.410(a)(1)(B), sex trafficking in the second  12 degree, unlawful exploitation of a minor under AS 11.41.455(c)(1), or enticement  13 of a minor under AS 11.41.452(e) may be sentenced to a definite term of 14 imprisonment of not more than 99 years and shall be sentenced to a definite term 15 within the following presumptive ranges, subject to adjustment as provided in 16 AS 12.55.155 - 12.55.175: 17 (A) if the offense is a first felony conviction, five to 15 years; 18 (B) if the offense is a second felony conviction and does not 19 involve circumstances described in (C) of this paragraph, 10 to 25 years; 20 (C) if the offense is a second felony conviction and the 21 defendant has a prior conviction for a sexual felony, 15 to 30 years; 22 (D) if the offense is a third felony conviction and does not 23 involve circumstances described in (E) of this paragraph, 20 to 35 years; 24 (E) if the offense is a third felony conviction and the defendant 25 has two prior convictions for sexual felonies, 99 years; 26 (4) sex trafficking in the third degree under AS 11.41.350(b)(2),  27 patron of a victim of sex trafficking under AS 11.41.355(c)(2), sexual assault in the 28 third degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), 29 incest, indecent exposure in the first degree under AS 11.41.458(b)(1), distribution of  30 generated obscene child sexual abuse material under AS 11.61.121(d)(1),  31 possession of generated obscene child sexual abuse material, indecent viewing or 01 production of a picture under AS 11.61.123(g)(2) [AS 11.61.123(f)(1) OR (2)], 02 possession of child sexual abuse material [PORNOGRAPHY], distribution of child 03 sexual abuse material [PORNOGRAPHY] under AS 11.61.125(e)(1), or attempt, 04 conspiracy, or solicitation to commit sex trafficking in the third degree under  05 AS 11.41.350(b)(1), patron of a victim of sex trafficking under AS 11.41.355(c)(1), 06 sexual assault in the second degree, sexual abuse of a minor in the second degree, 07 indecent viewing or production of a picture under AS 11.61.123(g)(1), 08 distribution of generated obscene child sexual abuse material, [UNLAWFUL 09 EXPLOITATION OF A MINOR,] or distribution of child sexual abuse material  10 under AS 11.61.125(e)(2) [PORNOGRAPHY], may be sentenced to a definite term 11 of imprisonment of not more than 99 years and shall be sentenced to a definite term 12 within the following presumptive ranges, subject to adjustment as provided in 13 AS 12.55.155 - 12.55.175: 14 (A) if the offense is a first felony conviction and does not 15 involve the circumstances described in (B) or (C) of this paragraph, two to 12 16 years; 17 (B) if the offense is a first felony conviction under 18 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 19 involve circumstances described in (C) of this paragraph, four to 12 years; 20 (C) if the offense is a first felony conviction under 21 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 22 defendant hosted, created, or helped host or create a mechanism for multi-party 23 sharing or distribution of generated obscene child sexual abuse material or 24 child sexual abuse material [PORNOGRAPHY], or received a financial 25 benefit or had a financial interest in a generated obscene child sexual abuse  26 material or child sexual abuse material [PORNOGRAPHY] sharing or 27 distribution mechanism, six to 14 years; 28 (D) if the offense is a second felony conviction and does not 29 involve circumstances described in (E) of this paragraph, eight to 15 years; 30 (E) if the offense is a second felony conviction and the 31 defendant has a prior conviction for a sexual felony, 12 to 20 years; 01 (F) if the offense is a third felony conviction and does not 02 involve circumstances described in (G) of this paragraph, 15 to 25 years; 03 (G) if the offense is a third felony conviction and the defendant 04 has two prior convictions for sexual felonies, 99 years. 05  * Sec. 38. AS 12.55.127(d) is amended to read: 06 (d) If the defendant is being sentenced for two or more crimes of distribution  07 of generated obscene child sexual abuse material under AS 11.61.121, possession  08 of generated obscene child sexual abuse material under AS 11.61.122, distribution 09 of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 10 of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 11 distribution of indecent material to minors under AS 11.61.128, a consecutive term of 12 imprisonment shall be imposed for some additional term of imprisonment for each 13 additional crime or each additional attempt or solicitation to commit the offense. 14  * Sec. 39. AS 12.55.135 is amended by adding a new subsection to read: 15 (q) A defendant convicted under AS 11.66.106 shall be sentenced to a 16 minimum term of imprisonment of 72 hours if the defendant has been previously 17 convicted once in the previous five years in this or another jurisdiction of an offense 18 under AS 11.66.106 or an offense under another law or ordinance with similar 19 elements. 20  * Sec. 40. AS 12.55.185(10) is amended to read: 21 (10) "most serious felony" means 22 (A) arson in the first degree, [SEX TRAFFICKING IN THE 23 FIRST DEGREE UNDER AS 11.66.110(a)(2),] enticement of a minor under 24 AS 11.41.452(e), or any unclassified or class A felony prescribed under 25 AS 11.41; or 26 (B) an attempt, or conspiracy to commit, or criminal 27 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 28 AS 11.41; 29  * Sec. 41. AS 12.55.185(16) is amended to read: 30 (16) "sexual felony" means sexual assault in the first degree, sexual 31 abuse of a minor in the first degree, sex trafficking in the first degree, sex trafficking  01 in the second degree, sexual assault in the second degree, sexual abuse of a minor in 02 the second degree, sex trafficking in the third degree, patron of a victim of sex  03 trafficking, sexual abuse of a minor in the third degree under AS 11.41.438(c), 04 unlawful exploitation of a minor, distribution of generated obscene child sexual  05 abuse material, possession of generated obscene child sexual abuse material,  06 indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2) 07 [AS 11.61.123(f)(1) OR (2)], distribution of child sexual abuse material 08 [PORNOGRAPHY], sexual assault in the third degree, incest, indecent exposure in 09 the first degree, possession of child sexual abuse material [PORNOGRAPHY], 10 enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 11 crimes; 12  * Sec. 42. AS 12.61.125(a) is amended to read: 13 (a) The defendant accused of a sex [SEXUAL] offense, the defendant's 14 counsel, or an investigator or other person acting on behalf of the defendant, may not 15 (1) notwithstanding AS 12.61.120, contact the victim of the offense or 16 a witness to the offense if the victim or witness, or the parent or guardian of the victim 17 or witness if the victim or witness is a minor, has informed the defendant or the 18 defendant's counsel in writing or in person that the victim or witness does not wish to 19 be contacted by the defense; a victim or witness who has not informed the defendant 20 or the defendant's counsel in writing or in person that the victim does not wish to be 21 contacted by the defense is entitled to rights as provided in AS 12.61.120; 22 (2) obtain a statement from the victim of the offense or a witness to the 23 offense, unless, 24 (A) if the statement is taken as a recording, the recording is 25 taken in compliance with AS 12.61.120, and written authorization is first 26 obtained from the victim or witness, or from the parent or guardian of the 27 victim or witness if the victim or witness is a minor; the written authorization 28 must state that the victim or witness is aware that there is no legal requirement 29 that the victim or witness talk to the defense; or 30 (B) if the statement is not taken as a recording, written 31 authorization is first obtained from the victim or witness, or from the parent or 01 guardian of the victim or witness if the victim or witness is a minor; the written 02 authorization must state that the victim or witness is aware that there is no 03 legal requirement that the victim or witness talk to the defense; a victim or 04 witness making a statement under this subparagraph remains entitled to rights 05 as provided in AS 12.61.120. 06  * Sec. 43. AS 12.61.125(d) is amended by adding a new paragraph to read: 07 (3) "sex offense" has the meaning given in AS 12.63.100 and includes 08 a crime, or an attempt, solicitation, or conspiracy to commit a crime under 09 AS 11.41.440(a)(1). 10  * Sec. 44. AS 12.61.140 is amended to read: 11 Sec. 12.61.140. Disclosure of victim's name. (a) The portion of the records of 12 a court or law enforcement agency that contains the name of the victim of an offense 13 under AS 11.41.300(a)(1)(C) or a victim of a sex offense [11.41.410 - 11.41.460]  14 (1) shall be withheld from public inspection, except with the consent of 15 the court in which the case is or would be prosecuted; and 16 (2) is not a public record under AS 40.25.110 - 40.25.125. 17 (b) In all written court records open to public inspection, the name of the 18 victim of an offense under AS 11.41.300(a)(1)(C) or a victim of a sex offense 19 [11.41.410 - 11.41.460] may not appear. Instead, the victim's initials shall be used. 20 However, a sealed record containing the victim's name shall be kept by the court in 21 order to ensure that a defendant is not charged twice for the same offense. 22  * Sec. 45. AS 12.61.140 is amended by adding a new subsection to read: 23 (c) In this section, "sex offense" has the meaning given in AS 12.63.100 and 24 includes a crime, or an attempt, solicitation, or conspiracy to commit a crime, under 25 AS 11.41.440(a)(1). 26  * Sec. 46. AS 12.62.900(23) is amended to read: 27 (23) "serious offense" means a conviction for a violation or for an 28 attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 29 or of the laws of another jurisdiction with substantially similar elements: 30 (A) a felony offense; 31 (B) a crime involving domestic violence; 01 (C) AS 11.41.410 - 11.41.470; 02 (D) AS 11.51.130 or 11.51.200 - 11.56.210; 03 (E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 04 (F) AS 11.66.101 [AS 11.66.100 - 11.66.130]; 05 (G) former AS 11.15.120, former 11.15.134, or assault with the 06 intent to commit rape under former AS 11.15.160; or 07 (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 08 11.40.420, if committed before January 1, 1980.  09  * Sec. 47. AS 12.63.100(7) is amended to read: 10 (7) "sex offense" means 11 (A) a crime under AS 11.41.100(a)(3), or a similar law of 12 another jurisdiction, in which the person committed or attempted to commit a 13 sexual offense, or a similar offense under the laws of the other jurisdiction; in 14 this subparagraph, "sexual offense" has the meaning given in 15 AS 11.41.100(a)(3); 16 (B) a crime under AS 11.41.110(a)(3), or a similar law of 17 another jurisdiction, in which the person committed or attempted to commit 18 one of the following crimes, or a similar law of another jurisdiction: 19 (i) sexual assault in the first degree; 20 (ii) sexual assault in the second degree; 21 (iii) sexual abuse of a minor in the first degree; or 22 (iv) sexual abuse of a minor in the second degree; 23 (C) a crime, or an attempt, solicitation, or conspiracy to commit 24 a crime, under the following statutes or a similar law of another jurisdiction: 25 (i) AS 11.41.410 - 11.41.438; 26 (ii) AS 11.41.440(a)(2); 27 (iii) AS 11.41.450 - 11.41.458; 28 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 29 exposure is before a person under 16 years of age and the offender has 30 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 31 (v) AS 11.61.125 - 11.61.128; 01 (vi) former AS 11.66.110, former 11.66.130(a)(2)(B), 02 or AS 26.05.900(b) if the person who was induced or caused to engage 03 in prostitution was under 20 years of age at the time of the offense; 04 (vii) former AS 11.15.120, former 11.15.134, or assault 05 with the intent to commit rape under former AS 11.15.160, former 06 AS 11.40.110, or former 11.40.200; 07 (viii) AS 11.61.118(a)(2) if the offender has a previous 08 conviction for that offense; 09 (ix) [AS 11.66.100(a)(2) IF THE OFFENDER IS 10 SUBJECT TO PUNISHMENT UNDER AS 11.66.100(e); 11 (x)] AS 26.05.890 if the person engaged in sexual 12 penetration or sexual contact with the victim; 13 (x) [(xi)] AS 26.05.890 if, at the time of the offense, the 14 victim is under a duty to obey the lawful orders of the offender, 15 regardless of whether the offender is in the direct chain of command 16 over the victim; 17 (xi) [(xii)] AS 26.05.893 if the person engaged in sexual 18 penetration or sexual contact with the victim; 19 (xii) AS 26.05.900(a) [(xiii) AS 26.05.900(a)(1) - (4)] if 20 the victim is under 18 years of age at the time of the offense; 21 (xiii) [(xiv)] AS 26.05.900 if, at the time of the offense, 22 the victim is under a duty to obey the lawful orders of the offender, 23 regardless of whether the offender is in the direct chain of command 24 over the victim; 25 (xiv) [OR (xv)] AS 11.61.123 if the offender is subject 26 to punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) or 27 (2)]; or  28 (xv) AS 11.41.340, 11.41.345, or 11.41.355; or 29 (D) an offense, or an attempt, solicitation, or conspiracy to 30 commit an offense, under AS 26.05.935(b), or a similar law of another 31 jurisdiction, if the member of the militia commits one of the following 01 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 02 Code of Military Justice): 03 (i) child sexual abuse material [PORNOGRAPHY]; or 04 (ii) pandering and prostitution if the person who is 05 induced, enticed, caused, or procured to engage in a sexual act is under 06 21 [20] years of age at the time of the offense; or 07 (E) an offense in which the person is required to register as a 08 sex offender under the laws of another jurisdiction; 09  * Sec. 48. AS 12.72 is amended by adding new sections to read: 10 Sec. 12.72.100. Vacation of judgment of conviction for prostitution. A 11 person may petition the court to vacate the judgment if, at the time of the offense, the 12 person was or would have been a victim of sex trafficking as defined in 13 AS 11.81.900(b) and was convicted or adjudicated delinquent for prostitution under 14 former AS 11.66.100 or under AS 11.66.102 or a similar municipal ordinance. 15 Sec. 12.72.105. Filing of petition for vacation of judgment. (a) A person 16 seeking a vacation of judgment under this chapter shall file a petition with the clerk at 17 the court location where the underlying criminal case was filed and serve a copy on 18 the prosecuting authority responsible for obtaining the conviction. 19 (b) If the prosecuting authority does not file a response within 45 days after 20 service of the petition, the court may grant the vacation of judgment without further 21 proceedings. 22 Sec. 12.72.110. Limitations on petition for vacation of judgment. (a) A 23 person may file a petition under this chapter only after a judgment has been entered on 24 the person's case or, if the conviction was appealed, after the court's decision on the 25 case is final under the Alaska Rules of Appellate Procedure. 26 (b) An action for a petition for vacation of judgment under AS 12.72.100 does 27 not give rise to the right to a trial by jury. 28 Sec. 12.72.115. Presumption and burden of proof in vacation of judgment  29 proceedings. (a) The person petitioning the court for a vacation of judgment of 30 conviction or adjudication of delinquency for prostitution under former AS 11.66.100 31 or under AS 11.66.102 or a similar municipal ordinance must prove all factual 01 assertions by a preponderance of the evidence. 02 (b) There is a rebuttable presumption that a person who was under 21 years of 03 age at the time of an offense under AS 11.66.102 was or would have been a victim of 04 sex trafficking. 05 Sec. 12.72.120. Vacation of judgment. (a) If the court grants the petition for a 06 vacation of judgment, 07 (1) the judgment of conviction or adjudication of delinquency for 08 prostitution under former AS 11.66.100 or under AS 11.66.102 or a similar municipal 09 ordinance shall be vacated; 10 (2) the Alaska Court System may not publish on a publicly available 11 Internet website the court records of the conviction for prostitution under former 12 AS 11.66.100 or under AS 11.66.102 or a similar municipal ordinance if the person 13 was not convicted of a felony charge in that case; and 14 (3) the Department of Public Safety may not release information 15 related to the conviction for prostitution under former AS 11.66.100 or under 16 AS 11.66.102 or a similar municipal ordinance in response to a request under 17 AS 12.62.160(b)(6), (8), or (9). 18 (b) The Alaska Court System shall remove a person's court records from a 19 publicly available Internet website under (a)(2) of this section within 30 days after the 20 court grants a petition for vacation of judgment.  21  * Sec. 49. AS 14.20.030(b) is amended to read: 22 (b) The commissioner or the Professional Teaching Practices Commission 23 shall revoke for life the certificate of a person who has been convicted of a crime, or 24 an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 25 AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 26 11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 27 offense described in this subsection.  28  * Sec. 50. AS 15.80.010(10) is amended to read: 29 (10) "felony involving moral turpitude" includes those crimes that are 30 immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 31 sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 01 coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 02 forgery device, offering a false instrument for recording, scheme to defraud, falsifying 03 business records, commercial bribe receiving, commercial bribery, bribery, receiving a 04 bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 05 escape, promoting contraband, interference with official proceedings, receiving a bribe 06 by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 07 evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 08 explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 09 misconduct involving a controlled substance or an imitation controlled substance, 10 permitting an escape, promoting gambling, possession of gambling records, 11 distribution of child sexual abuse material [PORNOGRAPHY], and possession of 12 child sexual abuse material [PORNOGRAPHY];  13  * Sec. 51. AS 18.65.530(a) is amended to read: 14 (a) Except as provided in (b) or (c) of this section, a peace officer, with or 15 without a warrant, shall arrest a person if the officer has probable cause to believe the 16 person has, either in or outside the presence of the officer, within the previous 12 17 hours, 18 (1) committed domestic violence, except an offense under 19 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 20 (2) committed the crime of violating a protective order in violation of 21 AS 11.56.740(a)(1), [OR] (2), or (4); 22 (3) violated a condition of release imposed under AS 12.30.016(e) or 23 (f) or 12.30.027. 24  * Sec. 52. AS 18.65.540(a) is amended to read: 25 (a) The Department of Public Safety shall maintain a central registry of 26 protective orders issued by or filed with a court of this state under AS 13.26.450 - 27 13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 - 18.65.870], or AS 18.66.100 - 28 18.66.180. The registry must include, for each protective order, the names of the 29 petitioner and respondent, their dates of birth, and the conditions and duration of the 30 order. The registry shall retain a record of the protective order after it has expired. 31  * Sec. 53. AS 18.65.540(b) is amended to read: 01 (b) A peace officer receiving a protective order from a court under 02 AS 13.26.450, 13.26.455, AS 18.65.850 - 18.65.855, 18.65.875, 18.65.877, or 03 AS 18.66.100 - 18.66.180, a modified order issued under AS 13.26.460, 04 AS 18.65.860, 18.65.880, or AS 18.66.120, or an order dismissing a protective order 05 shall take reasonable steps to ensure that the order, modified order, or dismissal is 06 entered into the central registry within 24 hours after being received. 07  * Sec. 54. AS 18.65 is amended by adding new sections to read: 08 Article 12A. Workplace Violence Protective Orders.  09 Sec. 18.65.875. Protective orders; eligible petitioners; relief. (a) An 10 employer may file a petition in the district or superior court for a protective order 11 against an individual who the employer reasonably believes 12 (1) committed an act of violence against the employer or an employee 13 that occurred at the employer's workplace; or 14 (2) made a threat of violence against the employer or an employee that 15 can reasonably be construed as a threat that may be carried out at the employer's 16 workplace. 17 (b) When a petition for a protective order is filed, the court shall schedule a 18 hearing and provide at least 10 days' notice to the respondent of the hearing and of the 19 respondent's right to appear and be heard, either in person or through an attorney. If 20 the court finds by a preponderance of evidence that the respondent has committed 21 violence or made a threat of violence, regardless of whether the respondent appears at 22 the hearing, the court may order any relief available under (c) of this section. The 23 provisions of a protective order issued under this section are effective for six months 24 unless earlier dissolved by the court. 25 (c) A protective order issued under this section may 26 (1) prohibit the respondent from making a threat to commit or 27 committing violence; 28 (2) prohibit the respondent from telephoning, contacting, or otherwise 29 communicating directly or indirectly with the petitioner; 30 (3) direct the respondent to stay away from the workplace of the 31 petitioner, or any specified place frequented by the petitioner, during the normal 01 course of the petitioner's business; however, the court may order the respondent to stay 02 away from the respondent's own workplace only if the respondent has been provided 03 actual notice of the opportunity to appear and be heard on the petition; 04 (4) order other relief the court determines to be necessary to protect the 05 workplace of the petitioner. 06 (d) If the court issues a protective order under this section, the court shall 07 (1) make reasonable efforts to ensure that the order is understood by 08 the petitioner and the respondent; and 09 (2) have the order delivered to the appropriate local law enforcement 10 agency for expedited service and entry into the central registry of protective orders 11 under AS 18.65.540. 12 (e) A court may not deny a petition for a protective order solely because of a 13 lapse of time between an act of violence or a threat of violence and the filing of the 14 petition. 15 Sec. 18.65.877. Ex parte protective orders for workplace violence. An 16 employer who may file a petition for a protective order against an individual under 17 AS 18.65.875 may file a petition for an ex parte protective order against the 18 individual. If the court finds that the petition establishes probable cause that recent 19 violence has occurred or a recent threat of violence has been made, that it is necessary 20 to protect the employer from further violence, and that the petitioner has certified to 21 the court in writing the efforts, if any, that have been made to provide notice to the 22 respondent, the court shall ex parte and without notice to the respondent issue a 23 protective order. An ex parte protective order under this section may grant the 24 protection allowed by AS 18.65.875(c). An ex parte protective order expires 20 days 25 after it is issued unless dissolved earlier by the court at the request of either the 26 petitioner or the respondent after notice and, if requested, a hearing. If the court issues 27 an ex parte protective order, the court shall have the order delivered to the appropriate 28 law enforcement agency for expedited service and entry into the central registry of 29 protective orders under AS 18.65.540. 30 Sec. 18.65.880. Modification of workplace violence protective order. (a) 31 Either the petitioner or the respondent may request modification of a protective order 01 issued under AS 18.65.875 or 18.65.877. If a request is made for modification of 02 (1) a protective order after notice and hearing under AS 18.65.875, the 03 court shall schedule a hearing within 20 days after the date the request is made, except 04 that if the court finds that the request is meritless on its face, the court may deny the 05 request without further hearing; or 06 (2) an ex parte protective order under AS 18.65.877, the court shall 07 schedule a hearing on three days' notice or on shorter notice as the court may 08 prescribe. 09 (b) If a request for a modification is made under this section and the 10 respondent raises an issue not raised by the petitioner, the court may allow the 11 petitioner additional time to respond. 12 (c) If the court modifies a protective order under this section, the court shall 13 issue a modified order and shall 14 (1) make reasonable efforts to ensure that the order is understood by 15 the petitioner and the respondent; and 16 (2) have the order delivered to the appropriate local law enforcement 17 agency for expedited service and for entry into the central registry of protective orders 18 under AS 18.65.540. 19 Sec. 18.65.885. Specific protective orders. (a) If a respondent in a protective 20 order issued under AS 18.65.875 - 18.65.880 is prohibited from communicating with 21 the petitioner, excluded from the petitioner's workplace, or ordered to stay away from 22 the petitioner as provided in AS 18.65.875(c)(2) - (4), an invitation by the petitioner to 23 communicate, enter the petitioner's workplace, or have other prohibited contact with 24 the petitioner does not waive or nullify any provision in a protective order. 25 (b) A court may not order parties into mediation or refer them to mediation for 26 resolution of the issues arising from a petition for a protective order under 27 AS 18.65.875 - 18.65.899. 28 (c) In addition to other required information contained in a protective order, 29 the order must include in bold face type the following statements: 30 (1) "Violation of this order may be a misdemeanor, punishable by up 31 to one year of incarceration and up to a $25,000 fine"; 01 (2) "If you are ordered to have no contact with the petitioner or to stay 02 away from the petitioner's workplace or other place designated by the court, an 03 invitation by the petitioner to have the prohibited contact or to be present at or enter 04 the workplace or other place does not in any way invalidate or nullify the order." 05 (d) A protective order issued under AS 18.65.875 - 18.65.899 is in addition to 06 and not in place of any other civil or criminal remedy. A petitioner is not barred from 07 seeking an order under AS 18.65.875 - 18.65.899 because of the existence of another 08 civil action between the petitioner and the respondent. 09 Sec. 18.65.890. Forms for petitions and orders; fees. (a) The Alaska Court 10 System shall prepare forms for petitions, protective orders, and instructions for their 11 use by an employer seeking a protective order under AS 18.65.875 - 18.65.899. The 12 forms must conform to the Alaska Rules of Civil Procedure, except that information 13 on the forms may be filled in by legible handwriting. 14 (b) In addition to other information required, a petition for a protective order 15 must include a statement of pending civil or criminal actions involving the petitioner 16 or the respondent. While a protective order is in effect or a petition for a protective 17 order is pending, both the petitioner and the respondent have a continuing duty to 18 inform the court of pending civil or criminal actions involving the petitioner or the 19 respondent. 20 (c) The office of the clerk of each superior and district court shall make 21 available to the public the forms a person seeking a protective order under 22 AS 18.65.875 - 18.65.899 may need and instructions for the use of the forms. The 23 clerk shall provide assistance in completing the forms and filing the forms. 24 (d) Filing fees may not be charged in any action seeking only the relief 25 provided in AS 18.65.875 - 18.65.899. 26 Sec. 18.65.895. Service of process. (a) Unless, on the record in court, the 27 respondent has already been provided a copy of the court's order, process issued under 28 AS 18.65.875 - 18.65.899 shall be promptly served and executed. If process is to be 29 served on a respondent believed to be present or residing in a municipality, as defined 30 in AS 29.71.800, or in an unincorporated community, process shall be served by a 31 peace officer of that municipality or unincorporated community who has jurisdiction 01 within the area of service. If a peace officer of the municipality or unincorporated 02 community who has jurisdiction is not available, a superior court, district court, or 03 magistrate may designate any other peace officer to serve and execute process. A state 04 peace officer shall serve process in any area that is not within the jurisdiction of a 05 peace officer of a municipality or unincorporated community. A peace officer shall 06 use every reasonable means to serve process issued under AS 18.65.875 - 18.65.899. 07 A judge may not order a peace officer to serve a petition that has been denied by the 08 court. 09 (b) Service of process under (a) of this section does not preclude a petitioner 10 from using any other available means to serve process issued under AS 18.65.875 - 11 18.65.899. 12 (c) Fees for service of process may not be charged in a proceeding seeking 13 only the relief provided in AS 18.65.875 - 18.65.899. 14 Sec. 18.65.897. Civil liability. (a) A person may not bring a civil action for 15 damages against the state, its officers, agents, or employees, or a law enforcement 16 agency, its officers, agents, or employees for any failure to comply with the provisions 17 of AS 18.65.875 - 18.65.899. 18 (b) A person may not bring a civil action for damages against an employer for 19 seeking or failing to seek a protective order unless an employer seeks a protective 20 order for an illegitimate purpose. 21 Sec. 18.65.899. Definitions. In AS 18.65.875 - 18.65.899, 22 (1) "course of conduct" has the meaning given in AS 11.41.270; 23 (2) "employee" means an individual employed by an employer but 24 does not include an individual employed in the domestic service of any person; 25 (3) "employer" means a person who employs one or more other 26 persons; 27 (4) "threat of violence" means a statement or course of conduct that 28 recklessly places a person in fear of physical injury or death; 29 (5) "violence" means a crime under AS 11.41 that injures a person or 30 places a person in fear of physical injury or death; 31 (6) "workplace" means a place of employment other than a place used 01 primarily as a residence. 02  * Sec. 55. AS 18.66.210 is amended to read: 03 Sec. 18.66.210. Exceptions. The privilege provided under AS 18.66.200 does 04 not apply to  05 (1) reports of suspected child abuse or neglect under AS 47.17; 06 (2) evidence that the victim is about to commit a crime; 07 (3) a proceeding that occurs after the victim's death; 08 (4) a communication relevant to an issue of breach by the victim or 09 victim counselor of a duty arising out of the victim-victim counselor relationship; 10 (5) a communication that is determined to be admissible hearsay as an 11 excited utterance under the Alaska Rules of Evidence; 12 (6) a child-in-need-of-aid proceeding under AS 47.10; 13 (7) a communication made during the victim-victim counselor 14 relationship if the services of the counselor were sought, obtained, or used to enable 15 anyone to commit or plan a crime or to escape detection or apprehension after the 16 commission of a crime; or 17 (8) a criminal proceeding concerning criminal charges against a victim 18 of domestic violence, sex trafficking, or sexual assault in which [WHERE] the victim 19 is charged with a crime 20 (A) under AS 11.41 against a minor; or 21 (B) in which the physical, mental, or emotional condition of the 22 victim is raised in defense of the victim. 23  * Sec. 56. AS 18.66.250(1) is amended to read: 24 (1) "confidential communication" means information exchanged 25 between a victim and a victim counselor in private or in the presence of a third party 26 who is necessary to facilitate communication or further the counseling process and 27 that is disclosed in the course of victim counseling resulting from sex trafficking, a 28 sexual assault, or domestic violence; 29  * Sec. 57. AS 18.66.250(3) is amended to read: 30 (3) "victim" means a person who consults a victim counselor for 31 assistance in overcoming adverse effects of a sexual assault, sex trafficking, or 01 domestic violence; 02  * Sec. 58. AS 18.66.250(4) is amended to read: 03 (4) "victim counseling" means support, assistance, advice, or treatment 04 to alleviate the adverse effects of sex trafficking, a sexual assault, or domestic 05 violence on the victim; 06  * Sec. 59. AS 18.66.250(5) is amended to read: 07 (5) "victim counseling center" means a private organization, an 08 organization operated by or contracted by a branch of the armed forces of the United 09 States, or a local government agency that 10 (A) has, as one of its primary purposes, the provision of direct 11 services to victims for trauma resulting from [A] sexual assault, sex  12 trafficking, or domestic violence; 13 (B) is not affiliated with a law enforcement agency or a 14 prosecutor's office; and 15 (C) is not on contract with the state to provide services under 16 AS 47; 17  * Sec. 60. AS 18.66.250(6) is amended to read: 18 (6) "victim counselor" means an employee or supervised volunteer of a 19 victim counseling center that provides counseling to victims 20 (A) who has undergone a minimum of 40 hours of training in 21 sex trafficking, domestic violence, or sexual assault, crisis intervention, victim 22 support, treatment, and related areas; or 23 (B) whose duties include victim counseling. 24  * Sec. 61. AS 18.66.990(2) is amended to read: 25 (2) "crisis intervention and prevention program" means a community 26 program that provides information, education, counseling, and referral services to 27 individuals experiencing personal crisis related to domestic violence, sex trafficking, 28 or sexual assault and to individuals in personal or professional transition, excluding 29 correctional half-way houses, outpatient mental health programs, and drug or alcohol 30 rehabilitation programs; 31  * Sec. 62. AS 18.67.080(a) is amended to read: 01 (a) In a case in which a person is injured or killed by an incident specified in 02 AS 18.67.101(1), [OR] by the act of any other person that is within the description of 03 offenses listed in AS 18.67.101(2), or as a result of the person's involvement in a  04 commercial sexual act as described in AS 18.67.101(3), the board may order the 05 payment of compensation in accordance with the provisions of this chapter: 06 (1) to or for the benefit of the injured person; 07 (2) in the case of personal injury or death of the victim, to a person 08 responsible or who had been responsible for the maintenance of the victim who has 09 suffered pecuniary loss or incurred expenses as a result of the injury or death; 10 (3) in the case of death of the victim, to or for the benefit of one or 11 more of the dependents of the victim; or 12 (4) to the provider of a service under AS 18.67.110(b). 13  * Sec. 63. AS 18.67.101 is amended to read: 14 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 15 board may order the payment of compensation in accordance with the provisions of 16 this chapter for personal injury or death that resulted from  17 (1) an attempt on the part of the applicant to prevent the commission of 18 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 19 officer to do so, or aiding a victim of crime; [OR] 20 (2) the commission or attempt on the part of one other than the 21 applicant to commit any of the following offenses: 22 (A) murder in any degree; 23 (B) manslaughter; 24 (C) criminally negligent homicide; 25 (D) assault in any degree; 26 (E) kidnapping; 27 (F) sexual assault in any degree; 28 (G) sexual abuse of a minor; 29 (H) robbery in any degree; 30 (I) threats to do bodily harm; 31 (J) driving while under the influence of an alcoholic beverage, 01 inhalant, or controlled substance or another crime resulting from the operation 02 of a motor vehicle, boat, or airplane when the offender is under the influence 03 of an alcoholic beverage, inhalant, or controlled substance; 04 (K) arson in the first degree; 05 (L) [SEX TRAFFICKING IN VIOLATION OF AS 11.66.110 06 OR 11.66.130(a)(2)(B); 07 (M)] human trafficking in any degree; or 08 (M) [(N)] unlawful exploitation of a minor; or  09 (3) the applicant's having been induced or caused to engage in a  10 commercial sexual act under AS 11.41.340 - 11.41.350.  11  * Sec. 64. AS 18.85.100(c) is amended to read: 12 (c) An indigent person is entitled to representation under (a) and (b) of this 13 section for purposes of bringing a timely application for post-conviction relief or  14 petition for vacation of judgment under AS 12.72. An indigent person is not entitled 15 to representation under (a) and (b) of this section for purposes of bringing 16 (1) an untimely or successive application for post-conviction relief or  17 petition for vacation of judgment under AS 12.72 or an untimely or successive 18 motion for reduction or modification of sentence; 19 (2) a petition for review or certiorari from an appellate court ruling on 20 an application for post-conviction relief; or 21 (3) an action or claim for habeas corpus in federal court attacking a 22 state conviction. 23  * Sec. 65. AS 22.15.100 is amended to read: 24 Sec. 22.15.100. Functions and powers of district judge and magistrate. 25 Each district judge and magistrate has the power 26 (1) to issue writs of habeas corpus for the purpose of inquiring into the 27 cause of restraint of liberty, returnable before a judge of the superior court, and the 28 same proceedings shall be had on the writ as if it had been granted by the superior 29 court judge under the laws of the state in those cases; 30 (2) of a notary public; 31 (3) to solemnize marriages; 01 (4) to issue warrants of arrest, summons, and search warrants 02 according to manner and procedure prescribed by law and the supreme court; 03 (5) to act as an examining judge or magistrate in preliminary 04 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 05 release of defendants under bail; 06 (6) to act as a referee in matters and actions referred to the judge or 07 magistrate by the superior court, with all powers conferred on [UPON] referees by 08 laws; 09 (7) of the superior court in all respects including contempts, attendance 10 of witnesses, and bench warrants; 11 (8) to order the temporary detention of a minor, or take other action 12 authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, 13 when the minor is in a condition or surrounding dangerous or injurious to the welfare 14 of the minor or others that requires immediate action; the action may be continued in 15 effect until reviewed by the superior court in accordance with rules of procedure 16 governing these cases; 17 (9) to issue a protective order in cases involving 18 (A) domestic violence as provided in AS 18.66.100 - 19 18.66.180; [OR] 20 (B) stalking or sexual assault as provided in AS 18.65.850 - 21 18.65.870; or  22 (C) workplace violence as provided in AS 18.65.875 -  23 18.65.899; 24 (10) to review an administrative revocation of a person's driver's 25 license or nonresident privilege to drive, and an administrative refusal to issue an 26 original license, when designated as a hearing officer by the commissioner of 27 administration and with the consent of the administrative director of the Alaska Court 28 System; 29 (11) to establish the fact of death or inquire into the death of a person 30 in the manner prescribed under AS 09.55.020 - 09.55.069; 31 (12) to issue an ex parte testing, examination, or screening order 01 according to the manner and procedure prescribed by AS 18.15.375. 02  * Sec. 66. AS 28.15.046(c) is amended to read: 03 (c) The department may not issue a license under this section to an applicant 04 (1) who has been convicted of any of the following offenses: 05 (A) a violation, or an attempt, solicitation, or conspiracy to 06 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 07 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 08 (B) a felony violation of endangering the welfare of a child in 09 the first degree under AS 11.51.100; 10 (C) felony indecent viewing or production of a picture under 11 AS 11.61.123; 12 (D) distribution of child sexual abuse material 13 [PORNOGRAPHY] under AS 11.61.125; 14 (E) possession of child sexual abuse material 15 [PORNOGRAPHY] under AS 11.61.127; 16 (F) distribution of indecent material to minors under 17 AS 11.61.128; 18 (G) felony prostitution under AS 11.66.101 or felony patron  19 of a prostitute under 11.66.104 [AS 11.66.100(e)]; 20 (H) sex trafficking in the first, second, or third degree under 21 AS 11.41.340 - 11.41.350 [AS 11.66.110 - 11.66.130]; 22 (I) a felony involving distribution of a controlled substance 23 under AS 11.71 or imitation controlled substance under AS 11.73; 24 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 25 (K) patron of a victim of sex trafficking under  26 AS 11.41.355;  27 (L) distribution of generated obscene child sexual abuse  28 material under AS 11.61.121;  29 (M) possession of generated obscene child sexual abuse  30 material under AS 11.61.122; or 31 (2) who has been convicted of any of the following offenses and less 01 than two years have elapsed since the applicant's date of conviction for the offense: 02 (A) assault in the fourth degree under AS 11.41.230; 03 (B) reckless endangerment under AS 11.41.250; 04 (C) contributing to the delinquency of a minor under 05 AS 11.51.130; 06 (D) misdemeanor prostitution under AS 11.66.102 or  07 misdemeanor patron of a prostitute under 11.66.106 [AS 11.66.100(a)(2)]; 08 (E) a misdemeanor violation of endangering the welfare of a 09 child in the first degree under AS 11.51.100. 10  * Sec. 67. AS 34.03.360(10) is amended to read: 11 (10) "illegal activity involving a place of prostitution" means a 12 violation of AS 11.66.101(a) [AS 11.66.120(a)(1) OR 11.66.130(a)(2)(A) OR (D)]; 13  * Sec. 68. AS 34.03.360(17) is amended to read: 14 (17) "prostitution" means an act in violation of AS 11.66.101 -  15 11.66.106 [AS 11.66.100]; 16  * Sec. 69. AS 39.25.110 is amended by adding a new paragraph to read: 17 (46) the executive director of the Council on Human and Sex 18 Trafficking established under AS 44.41.150. 19  * Sec. 70. AS 39.50.200(b) is amended by adding a new paragraph to read: 20 (65) Council on Human and Sex Trafficking (AS 44.41.150). 21  * Sec. 71. AS 43.23.005 is amended by adding a new subsection to read: 22 (i) The provisions of (d) of this section do not apply if an individual's 23 conviction was vacated during the qualifying year under AS 12.72. If an individual 24 becomes eligible under this subsection, the individual is eligible to receive a 25 permanent fund dividend only for the qualifying year in which the conviction was 26 vacated and each subsequent qualifying year for which the individual is otherwise 27 eligible under this section. 28  * Sec. 72. AS 44.23.080(a) is amended to read: 29 (a) If there is reasonable cause to believe that an Internet service account has 30 been used in connection with a violation of AS 11.41.340 - 11.41.350, 11.41.452 31 [AS 11.41.452], 11.41.455, or AS 11.61.121, 11.61.122, or 11.61.125 - 11.61.128 01 [AS 11.61.125 - 11.61.128], and that the identity, address, and other information about 02 the account owner will assist in obtaining evidence that is relevant to the offense, a 03 law enforcement officer may apply to the attorney general or the attorney general's 04 designee for an administrative subpoena to obtain the business records of the Internet 05 service provider located inside or outside of the state. 06  * Sec. 73. AS 44.41 is amended by adding new sections to read: 07 Article 2. Council on Human and Sex Trafficking.  08 Sec. 44.41.150. Council on Human and Sex Trafficking. The Council on 09 Human and Sex Trafficking is created in the Department of Public Safety. The 10 purpose of the council is to provide planning and coordination of programs specific to 11 victim services, education, public awareness, data collection and dissemination, and 12 reducing demand for human and sex trafficking. 13 Sec. 44.41.155. Duties. (a) The council shall 14 (1) elect one of its members as chair; 15 (2) develop and implement a standardized data collection system on 16 human and sex trafficking, including methods for synthesizing and disseminating data 17 and establishing standardized definitions as necessary; 18 (3) receive and dispense state and federal money and award grants and 19 contracts from appropriations to qualified local community entities for the purpose of 20 human and sex trafficking intervention and prevention programs; 21 (4) oversee and audit qualified local community entities that receive 22 money from the council; 23 (5) coordinate and consult with the Department of Education and Early 24 Development, the Department of Corrections, the Department of Health, the 25 Department of Law, the Department of Labor and Workforce Development, the 26 Department of Family and Community Services, the Department of Public Safety, 27 other state agencies and qualified local community entities dealing with human and 28 sex trafficking, including the Council on Domestic Violence and Sexual Assault, and 29 survivors of human and sex trafficking to develop educational materials and resources 30 related to, and increase public awareness of, human and sex trafficking; 31 (6) provide technical assistance as requested by the state agencies and 01 qualified local community entities listed in (5) of this subsection; 02 (7) conduct public hearings and create opportunities for public input on 03 issues relating to human and sex trafficking in the state; 04 (8) make an annual report to the governor on the activities of the 05 council, plans of the council for new services and programs, and concerns of the 06 council, including recommendations for legislation necessary to carry out the purposes 07 of AS 44.41.150 - 44.41.175; the council shall notify the legislature that the report is 08 available; 09 (9) recruit and hire an executive director to oversee the council; the 10 executive director may hire staff; the executive director is in the exempt service under 11 AS 39.25.110 and staff members are in the classified service under AS 39.25.100. 12 (b) The council may create advisory subcommittees. 13 Sec. 44.41.160. Membership. (a) The council consists of the following 17 14 members: 15 (1) seven members appointed by the governor as follows: 16 (A) two members who are mayors or elected officials in local 17 government; 18 (B) one member who represents a victim advocacy 19 organization; 20 (C) one member who represents an Alaska Native organization; 21 in this subparagraph, "Alaska Native organization" has the meaning given in 22 AS 18.66.020(d); 23 (D) one member who represents a local law enforcement 24 agency; 25 (E) one member who represents a faith-based community 26 organization; and 27 (F) one member who represents an organization that provides 28 direct services to the homeless; 29 (2) the chief executive officer of the Alaska Mental Health Trust 30 Authority or the chief executive officer's designee; 31 (3) the commissioner of health or the commissioner's designee; 01 (4) the attorney general or the attorney general's designee; 02 (5) the commissioner of public safety or the commissioner's designee; 03 (6) the commissioner of corrections or the commissioner's designee; 04 (7) the commissioner of education and early development or the 05 commissioner's designee; 06 (8) the commissioner of labor and workforce development or the 07 commissioner's designee; 08 (9) the commissioner of family and community services or the 09 commissioner's designee; and 10 (10) two nonvoting members appointed as follows: 11 (A) one ex officio member from the house of representatives, 12 appointed by the speaker of the house of representatives; and 13 (B) one ex officio member from the senate, appointed by the 14 president of the senate. 15 (b) Public members of the council appointed under (a)(1) and (2) of this 16 section serve three-year terms. A public member serves at the pleasure of the governor 17 and may not serve more than two consecutive terms. Nonvoting members appointed 18 under (a)(10) of this section serve staggered three-year terms and may not serve more 19 than two full terms. A vacancy on the council shall be filled for the unexpired term by 20 appointment by the governor. 21 (c) A person who receives compensation from or is an employee of the state or 22 a human or sex trafficking crisis intervention or prevention program may not be 23 appointed as a public member of the council. 24 Sec. 44.41.165. Meetings and quorum. (a) The council shall meet at least 25 quarterly by teleconference or other electronic means at times to be determined by the 26 chair. Additional meetings by teleconference or other electronic means may be called 27 by the chair. Advisory subcommittees shall meet by teleconference or other electronic 28 means. The council may hold an annual in-person meeting. 29 (b) The council may convene in-person public meetings to present information 30 and receive public comment. 31 (c) Eight members of the council or a majority of filled positions, whichever is 01 less, constitutes a quorum for conducting business. 02 Sec. 44.41.170. Compensation and expenses. The members of the council 03 receive no salary but are entitled to transportation expenses and per diem in 04 accordance with AS 39.20.180. 05 Sec. 44.41.175. Definitions. In AS 44.41.150 - 44.41.175, 06 (1) "council" means the Council on Human and Sex Trafficking; 07 (2) "human and sex trafficking" means conduct in violation of 08 AS 11.41.340 - 11.41.357, 11.41.360, or 11.41.365. 09  * Sec. 74. AS 44.66.010(a) is amended by adding a new paragraph to read: 10 (15) Council on Human and Sex Trafficking (AS 44.41.150) - June 30, 11 2028. 12  * Sec. 75. AS 47.10.990(33) is amended to read: 13 (33) "sexual abuse" means the conduct described in AS 11.41.410 - 14 11.41.460, [;] conduct constituting "sexual exploitation" as defined in AS 47.17.290, 15 and conduct prohibited by AS 11.41.340 - 11.41.357 [AS 11.66.100 - 11.66.150]; 16  * Sec. 76. AS 47.12.110(d) is amended to read: 17 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 18 the adjudication of a minor as a delinquent shall be open to the public, except as 19 prohibited or limited by order of the court, if 20 (1) the department files with the court a motion asking the court to 21 open the hearing to the public, and the petition seeking adjudication of the minor as a 22 delinquent is based on 23 (A) the minor's alleged commission of an offense, and the 24 minor has knowingly failed to comply with all the terms and conditions 25 required of the minor by the department or imposed on the minor in a court 26 order entered under AS 47.12.040(a)(2) or 47.12.120; 27 (B) the minor's alleged commission of 28 (i) a crime against a person that is punishable as a 29 felony; 30 (ii) a crime in which the minor employed a deadly 31 weapon, as that term is defined in AS 11.81.900(b), in committing the 01 crime; 02 (iii) arson under AS 11.46.400 - 11.46.410; 03 (iv) burglary under AS 11.46.300; 04 (v) distribution of child sexual abuse material 05 [PORNOGRAPHY] under AS 11.61.125; 06 (vi) sex trafficking [IN THE FIRST DEGREE] under 07 AS 11.41.340 or 11.41.345 [AS 11.66.110]; [OR] 08 (vii) distribution of generated obscene child sexual  09 abuse material under AS 11.61.121; or 10 (viii) misconduct involving a controlled substance 11 under AS 11.71 involving the delivery of a controlled substance or the 12 possession of a controlled substance with intent to deliver, other than 13 an offense under AS 11.71.040 or 11.71.050; or 14 (C) the minor's alleged commission of a felony and the minor 15 was 16 years of age or older at the time of commission of the offense when the 16 minor has previously been convicted or adjudicated a delinquent minor based 17 on the minor's commission of an offense that is a felony; or 18 (2) the minor agrees to a public hearing on the petition seeking 19 adjudication of the minor as a delinquent. 20  * Sec. 77. AS 47.12.315(a) is amended to read: 21 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 22 section, the department shall disclose information to the public, on request, concerning 23 a minor subject to this chapter who was at least 13 years of age at the time of 24 commission of 25 (1) a felony offense against a person under AS 11.41; 26 (2) arson in the first or second degree; 27 (3) burglary in the first degree; 28 (4) distribution of child sexual abuse material [PORNOGRAPHY]; 29 (5) sex trafficking under AS 11.41.340 or 11.41.345 [IN THE FIRST 30 DEGREE]; 31 (6) misconduct involving a controlled substance in the first, second, or 01 third degrees involving distribution or possession with intent to deliver; [OR] 02 (7) misconduct involving weapons in the first through fourth degrees;  03 or  04 (8) distribution of generated obscene child sexual abuse material  05 under AS 11.61.121. 06  * Sec. 78. AS 47.17.290(18) is amended to read: 07 (18) "sexual exploitation" includes 08 (A) allowing, permitting, or encouraging a child to engage in a  09 commercial sexual act prohibited by AS 11.41.340 - 11.41.357 or 10 prostitution prohibited by AS 11.66.101 [AS 11.66.100 - 11.66.150], by a 11 person responsible for the child's welfare; 12 (B) allowing, permitting, encouraging, or engaging in activity 13 prohibited by AS 11.41.455(a), by a person responsible for the child's welfare. 14  * Sec. 79. AS 11.41.360(b), 11.41.470(7); AS 11.56.765(c)(3), 11.56.767(c)(3); 15 AS 11.66.100, 11.66.110, 11.66.120, 11.66.130, 11.66.135, 11.66.140, 11.66.150(1); and 16 AS 12.61.125(d)(2) are repealed. 17  * Sec. 80. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 INDIRECT COURT RULE AMENDMENTS. (a) AS 18.65.895, added by sec. 54 of 20 this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, 21 Alaska Rules of Administration, relating to fees and service of process for a workplace 22 violence protective order. 23 (b) AS 18.65.875 - 18.65.899, added by sec. 54 of this Act, have the effect of 24 amending Rule 65, Alaska Rules of Civil Procedure, by changing the method for obtaining 25 and the timing of temporary restraining orders. 26  * Sec. 81. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. (a) The following sections apply to offenses committed on or after 29 the effective date of those sections: 30 (1) AS 11.31.120(h)(2), as amended by sec. 3 of this Act; 31 (2) AS 11.41.340 - 11.41.357, enacted by sec. 4 of this Act; 01 (3) AS 11.41.360(a), as amended by sec. 5 of this Act; 02 (4) AS 11.41.360(c), as amended by sec. 6 of this Act; 03 (5) AS 11.41.365, as amended by sec. 7 of this Act; 04 (6) AS 11.41.366 - 11.41.369, enacted by sec. 8 of this Act; 05 (7) AS 11.41.530(a), as amended by sec. 9 of this Act; 06 (8) AS 11.61.120(a), as amended by sec. 12 of this Act; 07 (9) AS 11.61.127(a), as amended by sec. 16 of this Act; 08 (10) AS 11.61.127(b), as amended by sec. 17 of this Act; 09 (11) AS 11.61.127(f), as amended by sec. 18 of this Act; 10 (12) AS 11.61.129(a), as amended by sec. 20 of this Act; 11 (13) AS 11.66.101 - 11.66.106, enacted by sec. 21 of this Act; 12 (14) AS 11.66.145, as amended by sec. 22 of this Act; 13 (15) AS 11.66.150, as amended by sec. 23 of this Act; 14 (16) AS 11.66.150(5), enacted by sec. 24 of this Act; 15 (17) AS 11.81.250(a), as amended by sec. 25 of this Act; 16 (18) AS 11.81.250(b), as amended by sec. 26 of this Act; 17 (19) AS 11.81.900(b)(69) - (73), enacted by sec. 27 of this Act; 18 (20) AS 12.10.010, as amended by sec. 28 of this Act; 19 (21) AS 12.37.010, as amended by sec. 29 of this Act. 20 (b) The following sections apply to sentences imposed on or after the effective date of 21 those sections for conduct occurring on or after the effective date of those sections: 22 (1) AS 12.55.015(m), enacted by sec. 31 of this Act; 23 (2) AS 12.55.035(b), as amended by sec. 32 of this Act; 24 (3) AS 12.55.078(f), as amended by sec. 33 of this Act; 25 (4) AS 12.55.085(f), as amended by sec. 34 of this Act; 26 (5) AS 12.55.125(b), as amended by sec. 36 of this Act; 27 (6) AS 12.55.125(i), as amended by sec. 37 of this Act; 28 (7) AS 12.55.135(q), enacted by sec. 39 of this Act; 29 (8) AS 12.55.185(10), as amended by sec. 40 of this Act; 30 (9) AS 12.55.185(16), as amended by sec. 41 of this Act; 31 (10) AS 12.62.900(23), as amended by sec. 46 of this Act; 01 (11) AS 14.20.030(b), as amended by sec. 49 of this Act. 02 (c) AS 12.72.100 - 12.72.120, enacted by sec. 48 of this Act, and AS 18.85.100(c), as 03 amended by sec. 64 of this Act, apply to petitions filed on or after the effective date of sec. 48 04 of this Act for conduct occurring before, on, or after the effective date of secs. 48 and 64 of 05 this Act. 06 (d) AS 12.72.100 - 12.72.120, enacted by sec. 48 of this Act, apply to convictions 07 under former AS 11.66.100 occurring before the effective date of sec. 48 of this Act. 08 (e) The following sections apply to communications made on or after the effective 09 date of those sections relating to offenses occurring on or after the effective date of those 10 sections: 11 (1) AS 09.25.400, as amended by sec. 2 of this Act; 12 (2) AS 12.45.049, as amended by sec. 30 of this Act; 13 (3) AS 12.61.125(d)(3), enacted by sec. 43 of this Act; 14 (4) AS 12.61.140, as amended by sec. 44 of this Act; 15 (5) AS 12.61.140(c), enacted by sec. 45 of this Act; 16 (6) AS 18.66.210, as amended by sec. 55 of this Act; 17 (7) AS 18.66.250(1), as amended by sec. 56 of this Act; 18 (8) AS 18.66.250(3), as amended by sec. 57 of this Act; 19 (9) AS 18.66.250(4), as amended by sec. 58 of this Act; 20 (10) AS 18.66.250(5), as amended by sec. 59 of this Act; 21 (11) AS 18.66.250(6), as amended by sec. 60 of this Act. 22  * Sec. 82. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: MEMBERS. AS 44.41.160(c), enacted by sec. 73 of this Act, does not 25 apply to two consecutive terms of a person appointed as an initial member of the Council on 26 Human and Sex Trafficking, established by sec. 73 of this Act, who is serving on the 27 Governor's Council on Human and Sex Trafficking, created by Administrative Order No. 328, 28 on the effective date of sec. 73 of this Act. 29  * Sec. 83. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 CONDITIONAL EFFECT. Sections 10, 11, 51 - 54, 65, and 80 of this Act take effect 01 only if sec. 80 of this Act receives the two-thirds majority vote of each house required by art. 02 IV, sec. 15, Constitution of the State of Alaska. 03  * Sec. 84. If secs. 10, 11, 51 - 54, 65, and 80 of this Act take effect under sec. 83 of this Act, 04 they take effect January 1, 2025. 05  * Sec. 85. Except as provided in sec. 84 of this Act, this Act takes effect January 1, 2025.