00 SENATE CS FOR CS FOR HOUSE BILL NO. 239(FIN) 01 "An Act relating to crime and criminal procedure; relating to civil claims by victims of 02 sexual abuse of a minor; relating to homicide; relating to assault; relating to sexual 03 assault; relating to stalking; relating to sexual abuse of a minor; relating to enticement 04 and unlawful exploitation of a minor; relating to cruelty to animals; relating to 05 endangering the welfare of a child; relating to indecent exposure; relating to theft; 06 relating to generated obscene child sexual abuse material; relating to sending an explicit 07 image of a minor; relating to solicitation or production of an indecent picture of a 08 minor; relating to distribution of indecent material to minors; relating to prostitution; 09 relating to the Controlled Substances Advisory Committee; relating to the testimony of 10 children in criminal proceedings; relating to sentencing; relating to sexual assault 11 examination kits; restricting the release of certain records of convictions; relating to 12 teaching certificates; relating to the definition of 'victim counseling center' for disclosure 13 of certain communications concerning sexual assault or domestic violence; relating to 01 motor vehicle offenses; relating to the board of parole; relating to parole; relating to 02 medical release for service of sentence by electronic monitoring; relating to licensing of 03 school bus drivers; creating and relating to the address confidentiality program; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 09.55.650(a) is amended to read:  07 (a) A person who, as a minor under 18 [16] years of age, was the victim of 08 sexual abuse may maintain an action for recovery of damages against the perpetrator 09 of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an 10 injury or condition suffered as a result of the sexual abuse. 11  * Sec. 2. AS 11.41.100(a) is amended to read: 12 (a) A person commits the crime of murder in the first degree if 13 (1) with intent to cause the death of another person, the person 14 (A) causes the death of any person; or 15 (B) compels or induces any person to commit suicide through 16 duress or deception; 17 (2) the person knowingly engages in conduct directed toward a child 18 under the age of 18 [16] and the person with criminal negligence inflicts serious 19 physical injury on the child by at least two separate acts, and one of the acts results in 20 the death of the child; 21 (3) acting alone or with one or more persons, the person commits or 22 attempts to commit a sexual offense against or kidnapping of a child under 18 [16] 23 years of age and, in the course of or in furtherance of the offense or in immediate 24 flight from that offense, any person causes the death of the child; in this paragraph, 25 "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470; 26 (4) acting alone or with one or more persons, the person commits or 27 attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in 28 the course of or in furtherance of the offense or in immediate flight from that offense, 29 any person causes the death of a person other than one of the participants; or 01 (5) acting alone or with one or more persons, the person commits 02 terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in 03 furtherance of the offense or in immediate flight from that offense, any person causes 04 the death of a person other than one of the participants. 05  * Sec. 3. AS 11.41.110(a) is amended to read: 06 (a) A person commits the crime of murder in the second degree if 07 (1) with intent to cause serious physical injury to another person or 08 knowing that the conduct is substantially certain to cause death or serious physical 09 injury to another person, the person causes the death of any person; 10 (2) the person knowingly engages in conduct that results in the death 11 of another person under circumstances manifesting an extreme indifference to the 12 value of human life; 13 (3) under circumstances not amounting to murder in the first degree 14 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 15 person commits or attempts to commit arson in the first degree, kidnapping, sexual 16 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 17 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 18 degree, escape in the first or second degree, robbery in any degree, or misconduct 19 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 20 or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 21 in immediate flight from that crime, any person causes the death of a person other than 22 one of the participants; 23 (4) acting with a criminal street gang, the person commits or attempts 24 to commit a crime that is a felony and, in the course of or in furtherance of that crime 25 or in immediate flight from that crime, any person causes the death of a person other 26 than one of the participants; 27 (5) the person with criminal negligence causes the death of a child 28 under the age of 18 [16], and the person has been previously convicted of a crime 29 involving a child under the age of 18 [16] that was 30 (A) a felony violation of AS 11.41; 31 (B) in violation of a law or ordinance in another jurisdiction 01 with elements similar to a felony under AS 11.41; or 02 (C) an attempt, a solicitation, or a conspiracy to commit a 03 crime listed in (A) or (B) of this paragraph; or 04 (6) the person knowingly manufactures or delivers a controlled 05 substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 06 direct result of ingestion of the controlled substance; the death is a result that does not 07 require a culpable mental state. 08  * Sec. 4. AS 11.41.220(a) is amended to read: 09 (a) A person commits the crime of assault in the third degree if that person 10 (1) recklessly 11 (A) places another person in fear of imminent serious physical 12 injury by means of a dangerous instrument; 13 (B) causes physical injury to another person by means of a 14 dangerous instrument; or 15 (C) while being 18 years of age or older, 16 (i) causes physical injury to a child under 12 years of 17 age and the injury would cause a reasonable caregiver to seek medical 18 attention from a health care professional in the form of diagnosis or 19 treatment; 20 (ii) causes physical injury to a child under 12 years of 21 age on more than one occasion; 22 (2) with intent to place another person in fear of death or serious 23 physical injury to the person or the person's family member, makes repeated threats to 24 cause death or serious physical injury to another person; 25 (3) while being 18 years of age or older, knowingly causes physical 26 injury to a child who is under 18 [16] years of age but at least 12 years of age and at  27 least two years younger than the offender and the injury reasonably requires 28 medical treatment; 29 (4) with criminal negligence, causes serious physical injury under 30 AS 11.81.900(b)(60)(B) to another person by means of a dangerous instrument; or 31 (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) 01 and, within the preceding 10 years, the person was convicted on two or more separate 02 occasions of crimes under 03 (A) AS 11.41.100 - 11.41.170; 04 (B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 05 11.41.280, or 11.41.282; 06 (C) AS 11.41.260 or 11.41.270; 07 (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 08 (E) a law or ordinance of this or another jurisdiction with 09 elements similar to those of an offense described in (A) - (D) of this paragraph. 10  * Sec. 5. AS 11.41.220(b) is amended to read: 11 (b) In a prosecution under (a)(3) of this section, it is an affirmative defense 12 that, at the time of the alleged offense, the defendant reasonably believed the victim to 13 be 18 [16] years of age or older, unless the victim was under 13 years of age at the 14 time of the alleged offense. 15  * Sec. 6. AS 11.41.260(a) is amended to read: 16 (a) A person commits the crime of stalking in the first degree if the person 17 violates AS 11.41.270 and 18 (1) the actions constituting the offense are in violation of an order 19 issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 20 under former AS 25.35.010(b) or 25.35.020; 21 (2) the actions constituting the offense are in violation of a condition of 22 probation, release before trial, release after conviction, or parole; 23 (3) the victim is under 18 [16] years of age; 24 (4) at any time during the course of conduct constituting the offense, 25 the defendant possessed a deadly weapon; 26 (5) the defendant has been previously convicted of a crime under this 27 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 28 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 29 AS 11.56.740; or 30 (6) the defendant has been previously convicted of a crime, or an 31 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 01 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 02 law or an ordinance of this or another jurisdiction with elements similar to a crime, or 03 an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 04 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 05 involving the same victim as the present offense. 06  * Sec. 7. AS 11.41.410(a) is amended to read: 07 (a) An offender commits the crime of sexual assault in the first degree if 08 (1) the offender engages in sexual penetration with another person 09 (A) without consent of that person by 10 (i) the use of force or the express or implied threat of 11 force against any person or property; or 12 (ii) causing the person to become incapacitated; 13 (B) by impersonating someone known to the person for the 14 purpose of obtaining consent; 15 (2) the offender attempts to engage in sexual penetration with another 16 person without consent of that person and causes serious physical injury to that 17 person; 18 (3) the offender engages in sexual penetration with another person 19 (A) who the offender knows is mentally incapable; and 20 (B) who is in the offender's care 21 (i) by authority of law; or 22 (ii) in a facility or program that is required by law to be 23 licensed by the state; or 24 (4) the offender is a health care worker who engages in sexual 25 penetration with a person during the course of professional treatment of the person 26 [WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 27 BEING COMMITTED AND 28 (A) THE OFFENDER IS A HEALTH CARE WORKER; 29 AND 30 (B) THE OFFENSE TAKES PLACE DURING THE COURSE 31 OF PROFESSIONAL TREATMENT OF THE VICTIM]. 01  * Sec. 8. AS 11.41.420(a) is amended to read: 02 (a) An offender commits the crime of sexual assault in the second degree if 03 (1) the offender engages in sexual contact with another person 04 (A) without consent of that person by 05 (i) the use of force or the express or implied threat of 06 force against any person or property; or 07 (ii) causing the person to become incapacitated; 08 (B) by impersonating someone known to the person for the 09 purpose of obtaining consent; 10 (2) the offender engages in sexual contact with a person 11 (A) who the offender knows is mentally incapable; and 12 (B) who is in the offender's care 13 (i) by authority of law; or 14 (ii) in a facility or program that is required by law to be 15 licensed by the state; 16 (3) the offender engages in sexual penetration with a person who is 17 (A) mentally incapable; 18 (B) incapacitated; or 19 (C) unaware that a sexual act is being committed; 20 (4) the offender is a health care worker who engages in sexual 21 contact with a person during the course of professional treatment of the victim 22 [WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 23 BEING COMMITTED AND 24 (A) THE OFFENDER IS A HEALTH CARE WORKER; 25 AND 26 (B) THE OFFENSE TAKES PLACE DURING THE COURSE 27 OF PROFESSIONAL TREATMENT OF THE VICTIM]; or 28 (5) under circumstances not proscribed under AS 11.41.410, the 29 offender engages in sexual penetration with another person without consent of that 30 person. 31  * Sec. 9. AS 11.41.434(a) is amended to read: 01 (a) An offender commits the crime of sexual abuse of a minor in the first 02 degree if 03 (1) being 16 years of age or older, the offender engages in sexual 04 penetration with a person who is under 13 years of age or aids, induces, causes, or 05 encourages a person who is under 13 years of age to engage in sexual penetration with 06 another person; 07 (2) being 18 years of age or older, the offender engages in sexual 08 penetration with a person who is under 18 years of age, and the offender is the victim's 09 natural parent, stepparent, adopted parent, or legal guardian; or 10 (3) being 18 years of age or older, the offender engages in sexual 11 penetration with a person who is under 18 [16] years of age and at least two years  12 younger than the offender, and 13 (A) the victim at the time of the offense is residing in the same 14 household as the offender and the offender has authority over the victim; or 15 (B) the offender occupies a position of authority in relation to 16 the victim. 17  * Sec. 10. AS 11.41.436(a) is amended to read: 18 (a) An offender commits the crime of sexual abuse of a minor in the second 19 degree if, 20 (1) being 17 years of age or older, 21 (A) the offender engages in sexual penetration with a person 22 who is 23 (i) 13, 14, or 15 years of age and at least four years 24 younger than the offender; or  25 (ii) 16 or 17 years of age and at least six years  26 younger than the offender; [,] or 27 (B) aids, induces, causes, or encourages a person who is 13, 14, 28 or 15 years of age and at least four years younger than the offender to engage 29 in sexual penetration with another person; 30 (2) being 16 years of age or older, the offender engages in sexual 31 contact with a person who is under 13 years of age or aids, induces, causes, or 01 encourages a person under 13 years of age to engage in sexual contact with another 02 person; 03 (3) being 18 years of age or older, the offender engages in sexual 04 contact with a person who is under 18 years of age, and the offender is the victim's 05 natural parent, stepparent, adopted parent, or legal guardian; 06 (4) being 16 years of age or older, the offender aids, induces, causes, 07 or encourages a person who is under 16 years of age to engage in conduct described in 08 AS 11.41.455(a)(2) - (6) or (8); 09 (5) being 18 years of age or older, the offender engages in sexual 10 contact with a person who is under 18 [16] years of age and at least two years  11 younger than the offender, and 12 (A) the victim at the time of the offense is residing in the same 13 household as the offender and the offender has authority over the victim; or 14 (B) the offender occupies a position of authority in relation to 15 the victim; 16 (6) being 18 years of age or older, the offender engages in sexual 17 penetration with a person who is 16 or 17 years of age and at least three years younger 18 than the offender, and the offender occupies a position of authority in relation to the 19 victim; or 20 (7) being under 16 years of age, the offender engages in sexual 21 penetration with a person who is under 13 years of age and at least three years younger 22 than the offender. 23  * Sec. 11. AS 11.41.438(a) is amended to read: 24 (a) An offender commits the crime of sexual abuse of a minor in the third 25 degree if being 17 years of age or older, the offender engages in sexual contact with a 26 person who is 27 (1) 13, 14, or 15 years of age and at least four years younger than the 28 offender; or  29 (2) 16 or 17 years of age and at least six years younger than the  30 offender. 31  * Sec. 12. AS 11.41.452(a) is amended to read: 01 (a) An offender [A PERSON] commits the crime of enticement of a minor if 02 the offender [PERSON], being 18 years of age or older, knowingly communicates 03 with another person to entice, solicit, or encourage the person to engage in an act 04 described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] and 05 (1) the other person is 06 (A) 16 or 17 years of age and at least six years younger than  07 the offender; or  08 (B) [A CHILD] under 16 years of age; or 09 (2) the offender [PERSON] believes that the other person is 10 (A) 16 or 17 years of age and at least six years younger than  11 the offender; or  12 (B) [A CHILD] under 16 years of age. 13  * Sec. 13. AS 11.41.452(b) is amended to read: 14 (b) In a prosecution under (a)(2) of this section, it is not a defense that the 15 person enticed, solicited, or encouraged was not actually 16 (1) 16 or 17 years of age and at least six years younger than the  17 offender; or  18 (2) [A CHILD] under 16 years of age. 19  * Sec. 14. AS 11.41.452(c) is amended to read: 20 (c) In a prosecution under this section, it is not necessary for the prosecution 21 to show that the act described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] 22 was actually committed. 23  * Sec. 15. AS 11.41.452(e) is amended to read: 24 (e) Enticement of a minor is a class A felony if the offender [DEFENDANT] 25 was, at the time of the offense, required to register as a sex offender or child kidnapper 26 under AS 12.63 or a similar law of another jurisdiction. 27  * Sec. 16. AS 11.41.455(a) is amended to read: 28 (a) A person commits the crime of unlawful exploitation of a minor if, in the 29 state and with the intent of producing a live performance, film, audio, video, 30 electronic, or electromagnetic recording, photograph, negative, slide, book, 31 newspaper, magazine, or other material that visually or aurally depicts the conduct 01 listed in (1) - (8) [(1) - (7)] of this subsection, the person knowingly induces or 02 employs a child under 18 years of age to engage in, or photographs, films, records, or 03 televises a child under 18 years of age engaged in, the following actual or simulated 04 conduct: 05 (1) sexual penetration; 06 (2) the lewd touching of another person's genitals, anus, or breast; 07 (3) the lewd touching by another person of the child's genitals, anus, or 08 breast; 09 (4) masturbation; 10 (5) bestiality; 11 (6) the lewd exhibition of the child's genitals; [OR] 12 (7) sexual masochism or sadism; or  13 (8) contact with semen. 14  * Sec. 17. AS 11.41.458(b) is amended to read: 15 (b) Indecent exposure in the first degree 16 (1) is a class C felony; or 17 (2) is a class B felony if the offense occurs within the observation of a 18 person under 18 [16] years of age. 19  * Sec. 18. AS 11.41.460(b) is amended to read: 20 (b) Indecent exposure in the second degree before a person under 18 [16] 21 years of age is a class A misdemeanor. Indecent exposure in the second degree before 22 a person 18 [16] years of age or older is a class B misdemeanor. 23  * Sec. 19. AS 11.46.140(a) is amended to read: 24 (a) A person commits the crime of theft in the third degree if the person 25 commits theft as defined in AS 11.46.100 and 26 (1) the value of the property or services is $250 or more but less than 27 $750; [OR] 28 (2) [REPEALED] 29 (3) [REPEALED] 30 (4) the value of the property is less than $250 and, within the preceding 31 five years, the person has been convicted and sentenced on three or more separate 01 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 02 offense under another law or ordinance with similar elements; or  03 (5) the property is mail.  04  * Sec. 20. AS 11.46.140 is amended by adding a new subsection to read: 05 (c) In this section, 06 (1) "authorized depository" means a mailbox, letter box, post office 07 box, or rural box used by postal customers for the deposit of outgoing mail or used by 08 the United States Postal Service or a private mail delivery company for the delivery of 09 incoming mail; 10 (2) "mail" means a letter, a card, a parcel, or material that 11 (A) is sent or delivered by means of the United States Postal 12 Service or a private mail delivery company; 13 (B) has postage affixed to it by the postal customer, the United 14 States Postal Service, or a private mail delivery company or has been accepted 15 for delivery by the United States Postal Service or a private mail delivery 16 company; and 17 (C) is placed in an authorized depository or mail receptacle or 18 given to an employee of the United States Postal Service or a private mail 19 delivery company for delivery; 20 (3) "mail receptacle" means a location used by the United States Postal 21 Service, a private mail delivery company, or a postal customer for the placement of 22 outgoing mail or the receipt of incoming mail; 23 (4) "postage" means a United States Postal Service stamp, permit 24 imprint, meter strip, or other authorized indication of prepayment for services 25 provided or authorized by the United States Postal Service or a private mail delivery 26 company for the collection and delivery of mail.  27  * Sec. 21. AS 11.51.100(a) is amended to read: 28 (a) A person commits the crime of endangering the welfare of a child in the 29 first degree if, being a parent, guardian, or other person legally charged with the care 30 of a child under 18 [16] years of age, the person 31 (1) intentionally deserts the child in a place under circumstances 01 creating a substantial risk of physical injury to the child; 02 (2) leaves the child with another person who is not a parent, guardian, 03 or lawful custodian of the child knowing that the person is 04 (A) registered or required to register as a sex offender or child 05 kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 06 similar requirements; 07 (B) charged by complaint, information, or indictment with a 08 violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 09 jurisdiction with similar elements; or 10 (C) charged by complaint, information, or indictment with an 11 attempt, solicitation, or conspiracy to commit a crime described in (B) of this 12 paragraph; 13 (3) leaves the child with another person knowing that the person has 14 previously physically mistreated or had sexual contact with any child, and the other 15 person causes physical injury to or engages in sexual contact with the child; or 16 (4) recklessly fails to provide an adequate quantity of food or liquids to 17 a child, causing protracted impairment of the child's health. 18  * Sec. 22. AS 11.61.116(a) is amended to read: 19 (a) A person commits the offense of sending an explicit image of a minor if 20 the person, with intent to annoy or humiliate another person, distributes an electronic 21 photograph or video that depicts the genitals, anus, or female breast of that other 22 person taken when that person was a minor under 18 [16] years of age. 23  * Sec. 23. AS 11.61.118(a) is amended to read: 24 (a) A person commits the crime of harassment in the first degree if, under 25 circumstances not proscribed under AS 11.41.410 - 11.41.427, [OR] 11.41.434 - 26 11.41.440, or 11.41.455, the person violates AS 11.61.120(a)(5) and the offensive 27 physical contact is contact 28 (1) with human or animal blood, mucus, saliva, semen, urine, vomitus, 29 or feces; or 30 (2) by the person touching through clothing another person's genitals, 31 buttocks, or female breast. 01  * Sec. 24. AS 11.61.120(a) is amended to read: 02 (a) A person commits the crime of harassment in the second degree if, with 03 intent to harass or annoy another person, that person 04 (1) insults, taunts, or challenges another person in a manner likely to 05 provoke an immediate violent response; 06 (2) telephones another and fails to terminate the connection with intent 07 to impair the ability of that person to place or receive telephone calls; 08 (3) makes repeated telephone calls at extremely inconvenient hours; 09 (4) makes an anonymous or obscene telephone call, an obscene 10 electronic communication, or a telephone call or electronic communication that 11 threatens physical injury or sexual contact; 12 (5) subjects another person to offensive physical contact; 13 (6) except as provided in AS 11.61.116, publishes or distributes 14 electronic or printed photographs, pictures, or films that show the genitals, anus, or 15 female breast of the other person or show that person engaged in a sexual act; 16 (7) repeatedly sends or publishes an electronic communication that 17 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 18 that places the person in reasonable fear of physical injury; or 19 (8) under circumstances not proscribed under AS 11.41.455, 20 AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 21 person, publishes, or distributes electronic or printed photographs, pictures, or films 22 that show the genitals of any person. 23  * Sec. 25. AS 11.61 is amended by adding new sections to read: 24 Sec. 11.61.121. Distribution of generated obscene child sexual abuse  25 material. (a) A person commits the crime of distribution of generated obscene child 26 sexual abuse material if the person knowingly distributes in this state or advertises, 27 promotes, solicits, or offers to distribute in this state any material that is proscribed 28 under AS 11.61.122. 29 (b) The possession of 100 or more films, audio, video, electronic, or 30 electromagnetic recordings, photographs, negatives, slides, books, newspapers, 31 magazines, or other materials, including a combination of these items totaling 100 or 01 more, is prima facie evidence of distribution and intent to distribute under (a) of this 02 section. 03 (c) This section does not apply to an employee or contractor of an interactive 04 computer service, Internet service provider, cloud service provider, or 05 telecommunications network who, while acting in the scope of employment, 06 distributes, possesses, or accesses the material described in (a) of this section solely to 07 prevent, detect, report, or otherwise respond to the distribution, advertisement, 08 promotion, solicitation, or offer to distribute the material. In this subsection, 09 "interactive computer service" has the meaning given in AS 11.61.127(b). 10 (d) In this section, "distribution" includes the following, whether or not for 11 monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 12 circulating, exhibiting, presenting, providing, exchanging, placing on a computer 13 network or computer system, and providing billing collection, or other ancillary 14 services for or otherwise supporting these activities. 15 (e) Distribution of generated obscene child sexual abuse material is a 16 (1) class B felony; or 17 (2) class A felony if the person has been previously convicted of 18 distribution of generated obscene child sexual abuse material in this jurisdiction, 19 distribution of child sexual abuse materials under AS 11.61.125, or a similar crime in 20 this or another jurisdiction. 21 Sec. 11.61.122. Possession of generated obscene child sexual abuse  22 material. (a) A person commits the crime of possession of generated obscene child 23 sexual abuse material if the person knowingly possesses or knowingly accesses on a 24 computer with intent to view any material that 25 (1) the average person, applying contemporary community standards, 26 would find, when considered as a whole, appeals to the prurient interest; 27 (2) depicts, in a patently offensive way, a child under 18 years of age 28 who, by manipulation, creation, or modification, appears to be engaged in conduct 29 described in AS 11.41.455(a)(1) - (8), regardless of whether an actual child was used; 30 and 31 (3) when considered as a whole, lacks serious literary, artistic, 01 political, or scientific value. 02 (b) This section does not apply to an employee or contractor of an interactive 03 computer service, Internet service provider, cloud service provider, or 04 telecommunications network who, while acting in the scope of employment, possesses 05 or accesses the material described in (a) of this section solely to prevent, detect, report, 06 or otherwise respond to the production, generation, manipulation, or modification of 07 the material. In this subsection, "interactive computer service" has the meaning given 08 in AS 11.61.127(b). 09 (c) In this section, "computer" has the meaning given in AS 11.46.990. 10 (d) Possession of generated obscene child sexual abuse material is a class C 11 felony. 12  * Sec. 26. AS 11.61.124(a) is amended to read: 13 (a) An offender commits the crime of solicitation or production of an indecent 14 picture of a minor if, under circumstances not proscribed under AS 11.41.455 or 15 AS 11.61.123, the offender being 18 years of age or older 16 (1) solicits a picture of the genitals, anus, or female breast of another 17 person and the 18 (A) person solicited is 19 (i) 16 or 17 years of age and at least six years  20 younger than the offender; or  21 (ii) under 16 years of age and at least four years 22 younger than the offender; or 23 (B) offender believes that the other person is 24 (i) 16 or 17 years of age and at least six years  25 younger than the offender; or  26 (ii) under 16 years of age and at least four years 27 younger than the offender; or 28 (2) produces a picture of the genitals, anus, or female breast of another 29 person and the 30 (A) person shown in the picture is 31 (i) 16 or 17 years of age and at least six years  01 younger than the offender; or  02 (ii) under 16 years of age and at least four years 03 younger than the offender; or 04 (B) offender believes that the other person is 05 (i) 16 or 17 years of age and at least six years  06 younger than the offender; or  07 (ii) under 16 years of age and at least four years 08 younger than the offender. 09  * Sec. 27. AS 11.61.124(b) is amended to read: 10 (b) In a prosecution under (a) of this section, it is not a defense that the person 11 solicited or shown in the picture was not actually 12 (1) 16 or 17 years of age and at least six years younger than the  13 offender; or  14 (2) a person under 16 years of age and at least four years younger than 15 the offender. 16  * Sec. 28. AS 11.61.125(b) is amended to read: 17 (b) This section does not apply to 18 (1) acts that are an integral part of the exhibition or performance of a 19 motion picture if the acts are performed within the scope of employment by a motion 20 picture operator or projectionist employed by the owner or manager of a theater or 21 other place for the showing of motion pictures, unless the motion picture operator or 22 projectionist 23 (A) [(1)] has a financial interest in the theater or place in which 24 employed; or 25 (B) [(2)] causes the performance or motion picture to be 26 performed or exhibited without the consent of the manager or owner of the 27 theater or other place of showing; or  28 (2) an employee or contractor of an interactive computer service,  29 Internet service provider, cloud service provider, or telecommunications network  30 who, while acting in the scope of employment, distributes, possesses, or accesses  31 the material described in (a) of this section solely to prevent, detect, report, or  01 otherwise respond to the distribution, advertisement, promotion, solicitation, or  02 offer to distribute the material; in this subsection, "interactive computer service"  03 has the meaning given in AS 11.61.127(b). 04  * Sec. 29. AS 11.61.125(e) is amended to read: 05 (e) Distribution of child sexual abuse material is a 06 (1) class B felony; or 07 (2) class A felony if the person has been previously convicted of 08 distribution of child sexual abuse material in this jurisdiction, distribution of  09 generated obscene child sexual abuse material under AS 11.61.121, or a similar 10 crime in this or another jurisdiction. 11  * Sec. 30. AS 11.61.127(a) is amended to read: 12 (a) A person commits the crime of possession of child sexual abuse material if 13 the person knowingly possesses or knowingly accesses on a computer with intent to 14 view any material that visually depicts conduct described in AS 11.41.455(a)(1) - (8) 15 [AS 11.41.455(a)] knowing that the 16 (1) production of the material involved the use of a child under 18 17 years of age who engaged in the conduct; or 18 (2) material depicts [A DEPICTION OF] a part of an actual child 19 under 18 years of age who, by manipulation, creation, or modification, appears to be 20 engaged in the conduct. 21  * Sec. 31. AS 11.61.127(b) is amended to read: 22 (b) This section does not apply to 23 (1) persons providing plethysmograph assessments in the course of a 24 sex offender treatment program that meets the minimum standards under 25 AS 33.30.011(a)(5); or 26 (2) an employee or contractor of an interactive computer service,  27 Internet service provider, cloud service provider, or telecommunications network  28 who, while acting in the scope of employment, possesses or accesses the material  29 described in (a) of this section solely to prevent, detect, report, or otherwise  30 respond to the production, generation, manipulation, or modification of the  31 material; in this paragraph, "interactive computer service" means an  01 information service, system, or access software provider that provides or enables  02 computer access by multiple users to a computer server, including specifically a  03 service or system that provides access to the Internet and those systems operated  04 or services offered by libraries or educational institutions. 05  * Sec. 32. AS 11.61.128(a) is amended to read: 06 (a) An offender [A PERSON] commits the crime of distribution of indecent 07 material to minors if 08 (1) the offender [PERSON], being 18 years of age or older, 09 intentionally distributes or possesses with intent to distribute any material described in 10 (2) and (3) of this subsection to either 11 (A) a child who [THAT] the offender [PERSON] knows is 12 under 18 [16] years of age and at least two years younger than the offender; 13 or 14 (B) another person that the offender [PERSON] believes is a 15 child under 18 [16] years of age and at least two years younger than the  16 offender; 17 (2) the offender [PERSON] knows that the material depicts the 18 following actual or simulated conduct: 19 (A) sexual penetration; 20 (B) the lewd touching of a person's genitals, anus, or female 21 breast; 22 (C) masturbation; 23 (D) bestiality; 24 (E) the lewd exhibition of a person's genitals, anus, or female 25 breast; [OR] 26 (F) sexual masochism or sadism; or  27 G) contact with semen; and 28 (3) the material is harmful to minors. 29  * Sec. 33. AS 11.61.128(b) is amended to read: 30 (b) In this section, it is not a defense that the victim was not actually under 18 31 [16] years of age. 01  * Sec. 34. AS 11.61.128(c) is amended to read: 02 (c) In this section, "harmful to minors" means 03 (1) the average individual, applying contemporary community 04 standards, would find that the material, taken as a whole, appeals to the prurient 05 interest in sex for persons under 18 [16] years of age; 06 (2) a reasonable person would find that the material, taken as a whole, 07 lacks serious literary, artistic, educational, political, or scientific value for persons 08 under 18 [16] years of age; and 09 (3) the material depicts actual or simulated conduct in a way that is 10 patently offensive to the prevailing standards in the adult community as a whole with 11 respect to what is suitable for persons under 18 [16] years of age. 12  * Sec. 35. AS 11.61.128(e) is amended to read: 13 (e) Distribution of indecent material to minors is a class B felony if the 14 offender [DEFENDANT] was, at the time of the offense, required to register as a sex 15 offender or child kidnapper under AS 12.63 or a similar law of another jurisdiction. 16  * Sec. 36. AS 11.61.129(a) is amended to read: 17 (a) Property used to aid a violation of AS 11.61.121 - 11.61.128 18 [AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 19 conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 20 11.61.128] may be forfeited to the state upon the conviction of the offender. 21  * Sec. 37. AS 11.61.140(a) is amended to read: 22 (a) A person commits cruelty to animals if the person 23 (1) knowingly inflicts severe or prolonged physical pain or suffering 24 on an animal; 25 (2) has a legal duty to care for the animal and, with criminal 26 negligence, fails to care for an animal and, as a result, causes the death of the animal 27 or causes severe physical pain or prolonged suffering to the animal; 28 (3) kills or injures an animal by the use of a decompression chamber; 29 (4) intentionally kills or injures a pet or livestock by the use of poison; 30 (5) knowingly kills or injures an animal, other than as provided in (1) 31 or (3) of this subsection, with the intent to intimidate, threaten, or terrorize another 01 person; 02 (6) knowingly 03 (A) engages in sexual conduct with an animal; or 04 (B) under circumstances not proscribed under AS 11.41.455, 05 (i) photographs or films, for purposes of sexual 06 gratification, a person engaged in sexual conduct with an animal; or 07 (ii) causes, induces, aids, or encourages another person 08 to engage in sexual conduct with an animal; [OR] 09 (7) intentionally permits sexual conduct with an animal to be 10 conducted on any premises under the person's control; or  11 (8) under circumstances not proscribed under AS 11.61.122 or  12 11.61.127, knowingly possesses or knowingly accesses on a computer with intent  13 to view any material that  14 (A) the average person, applying contemporary community  15 standards, would find, when considered as a whole, appeals to the  16 prurient interest;  17 (B) depicts, in a patently offensive way, conduct proscribed  18 under (6)(A) of this subsection; and  19 (C) when considered as a whole, lacks serious literary,  20 artistic, political, or scientific value. 21  * Sec. 38. AS 11.61.140(g) is amended to read: 22 (g) Except as provided in (h) of this section, cruelty to animals under (a)(2), 23 (5), (6), [OR] (7), or (8) of this section is a class A misdemeanor. The court may also 24 (1) require forfeiture of any animal affected to the state or to a 25 custodian that supplies shelter, care, or medical treatment for the animal; 26 (2) require the defendant to reimburse the state or a custodian for all 27 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 28 medical treatment for any animal affected; 29 (3) prohibit or limit the defendant's ownership, possession, or custody 30 of animals for up to 10 years. 31  * Sec. 39. AS 11.61.140(h) is amended to read: 01 (h) Cruelty to animals under (a)(1), (3), or (4) of this section is a class C 02 felony. Cruelty to animals is also a class C felony if the person is convicted under 03 (a)(2), (5), (6), [OR] (7), or (8) of this section and the person has been previously 04 convicted on one or more separate occasions within 10 years of the date of the present 05 offense of a crime under this section, AS 11.61.145(a)(1) or (2), or a law or ordinance 06 of another jurisdiction having elements similar to those offenses. For a conviction 07 under this subsection, the court may also 08 (1) require forfeiture of any animal affected to the state or to a 09 custodian that supplies shelter, care, or medical treatment for the animal; 10 (2) require the defendant to reimburse the state or a custodian for all 11 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 12 medical treatment for any animal affected; 13 (3) prohibit or limit the defendant's ownership, possession, or custody 14 of animals for up to 10 years.  15  * Sec. 40. AS 11.66.100(c) is amended to read: 16 (c) A person may not be prosecuted under (a)(1) of this section if the 17 (1) person 18 (A) was, at the time of the offense, 17 years of age or  19 younger; or  20 (B) witnessed or was a victim of, and reported to law 21 enforcement in good faith, one or more of the following crimes: 22 (i) [(A)] murder in the first degree under AS 11.41.100; 23 (ii) [(B)] murder in the second degree under 24 AS 11.41.110; 25 (iii) [(C)] manslaughter under AS 11.41.120; 26 (iv) [(D)] criminally negligent homicide under 27 AS 11.41.130; 28 (v) [(E)] assault in the first degree under AS 11.41.200; 29 (vi) [(F)] assault in the second degree under 30 AS 11.41.210; 31 (vii) [(G)] assault in the third degree under 01 AS 11.41.220; 02 (viii) [(H)] assault in the fourth degree under 03 AS 11.41.230; 04 (ix) [(I)] sexual assault in the first degree under 05 AS 11.41.410; 06 (x) [(J)] sexual assault in the second degree under 07 AS 11.41.420; 08 (xi) [(K)] sexual assault in the third degree under 09 AS 11.41.425; 10 (xii) [(L)] sexual assault in the fourth degree under 11 AS 11.41.427; 12 (xiii) [(M)] sexual abuse of a minor in the first degree 13 under AS 11.41.434; 14 (xiv) [(N)] sexual abuse of a minor in the second degree 15 under AS 11.41.436; 16 (xv) [(O)] sexual abuse of a minor in the third degree 17 under AS 11.41.438; 18 (xvi) [(P)] sexual abuse of a minor in the fourth degree 19 under AS 11.41.440; 20 (xvii) [(Q)] robbery in the first degree under 21 AS 11.41.500; 22 (xviii) [(R)] robbery in the second degree under 23 AS 11.41.510; 24 (xix) [(S)] extortion under AS 11.41.520; 25 (xx) [(T)] coercion under AS 11.41.530; 26 (xxi) [(U)] distribution of child sexual abuse material 27 under AS 11.61.125; 28 (xxii) [(V)] possession of child sexual abuse material 29 under AS 11.61.127; 30 (xxiii) [(W)] sex trafficking in the first degree under 31 AS 11.66.110; 01 (xxiv) [(X)] sex trafficking in the second degree under 02 AS 11.66.120; 03 (xxv) [(Y)] sex trafficking in the third degree under 04 AS 11.66.130; 05 (xxvi) [OR (Z)] sex trafficking in the fourth degree 06 under AS 11.66.135; 07 (xxvii) distribution of generated obscene child sexual  08 abuse material under AS 11.61.121; or  09 (xxviii) possession of generated obscene child sexual  10 abuse material under AS 11.61.122; 11 (2) evidence supporting the prosecution under (a)(1) of this section 12 was obtained or discovered as a result of the person reporting the crime to law 13 enforcement; and 14 (3) person cooperated with law enforcement personnel. 15  * Sec. 41. AS 11.71.100(a) is amended to read: 16 (a) The Controlled Substances Advisory Committee is established in the 17 division of the Department of Commerce, Community, and Economic  18 Development with responsibility for corporations, business, and professional  19 licensing [LAW]. The committee consists of 20 (1) the attorney general or the attorney general's designee; 21 (2) the commissioner of family and community services or the 22 commissioner's designee; 23 (3) the commissioner of public safety or the commissioner's designee; 24 (4) the president of the Board of Pharmacy or the designee of the 25 president who shall also be a member of the Board of Pharmacy; 26 (5) a peace officer appointed by the governor after consultation with 27 the Alaska Association of Chiefs of Police; 28 (6) a physician appointed by the governor; 29 (7) a psychiatrist appointed by the governor; and 30 (8) two individuals appointed by the governor. 31  * Sec. 42. AS 12.10.010(a) is amended to read: 01 (a) Prosecution for the following offenses may be commenced at any time: 02 (1) murder; 03 (2) attempt, solicitation, or conspiracy to commit murder or hindering 04 the prosecution of murder; 05 (3) felony sexual abuse of a minor; 06 (4) sexual assault that is an unclassified, class A, or class B felony or a 07 violation of AS 11.41.425(a)(2) - (4); 08 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 09 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 10 who, at the time of the offense, was under 18 years of age; 11 (6) kidnapping; 12 (7) distribution of generated obscene child sexual abuse material in  13 violation of AS 11.61.121 or distribution of child sexual abuse material in violation of 14 AS 11.61.125; 15 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 16 unclassified, class A, or class B felony or that is committed against a person who, at 17 the time of the offense, was under 20 years of age; 18 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 19  * Sec. 43. AS 12.45.046(a) is amended to read: 20 (a) In a criminal proceeding under AS 11.41 involving the prosecution of an 21 offense committed against a child under the age of 18 [16], or witnessed by a child 22 under the age of 18 [16], the court 23 (1) may appoint a guardian ad litem for the child; 24 (2) on its own motion or on the motion of the party presenting the 25 witness or the guardian ad litem of the child, may order that the testimony of the child 26 be taken by closed circuit television or through one-way mirrors if the court 27 determines that the testimony by the child victim or witness under normal court 28 procedures would result in the child's inability to effectively communicate. 29  * Sec. 44. AS 12.55.078(f) is amended to read: 30 (f) The court may not suspend the imposition or entry of judgment and may 31 not defer prosecution under this section of a person who 01 (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 02 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 03 AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 04 AS 11.66.110 - 11.66.135; 05 (2) uses a firearm in the commission of the offense for which the 06 person is charged; 07 (3) has previously been granted a suspension of judgment under this 08 section or a similar statute in another jurisdiction, unless the court enters written 09 findings that by clear and convincing evidence the person's prospects for rehabilitation 10 are high and suspending judgment under this section adequately protects the victim of 11 the offense, if any, and the community; 12 (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 13 and the person has one or more prior convictions for a misdemeanor violation of 14 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 15 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 16 felony in this state; for the purposes of this paragraph, a person shall be considered to 17 have a prior conviction even if 18 (A) the charges were dismissed under this section; 19 (B) the conviction has been set aside under AS 12.55.085; or 20 (C) the charge or conviction was dismissed or set aside under 21 an equivalent provision of the laws of another jurisdiction; or 22 (5) is charged with a crime involving domestic violence, as defined in 23 AS 18.66.990. 24  * Sec. 45. AS 12.55.085(f) is amended to read: 25 (f) The court may not suspend the imposition of sentence of a person who 26 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 27 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 28 AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 29 AS 11.66.110 - 11.66.135; 30 (2) uses a firearm in the commission of the offense for which the 31 person is convicted; or 01 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 02 and the person has one or more prior convictions for a misdemeanor violation of 03 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 04 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 05 felony in this state; for the purposes of this paragraph, a person shall be considered to 06 have a prior conviction even if that conviction has been set aside under (e) of this 07 section or under the equivalent provision of the laws of another jurisdiction. 08  * Sec. 46. AS 12.55.100(e) is amended to read: 09 (e) In addition to other conditions imposed on the defendant, while on 10 probation and as a condition of probation 11 (1) for a sex offense, as described in AS 12.63.100, the defendant 12 (A) shall be required to submit to regular periodic polygraph 13 examinations; 14 (B) may be required to provide each electronic mail address, 15 instant messaging address, and other Internet communication identifier that the 16 defendant uses to the defendant's probation officer; the probation officer shall 17 forward those addresses and identifiers to the Alaska state troopers and to the 18 local law enforcement agency; 19 (2) if the defendant was convicted of a violation of AS 11.41.434 - 20 11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 21 11.61.128], or a similar offense in another jurisdiction, the defendant may be required 22 to refrain from 23 (A) using or creating an Internet site; 24 (B) communicating with children under 16 years of age; 25 (C) possessing or using a computer; or 26 (D) residing within 500 feet of school grounds; in this 27 subparagraph, "school grounds" has the meaning given in AS 11.71.900. 28  * Sec. 47. AS 12.55.125(b) is amended to read: 29 (b) A defendant convicted of attempted murder in the first degree, solicitation 30 to commit murder in the first degree, conspiracy to commit murder in the first degree, 31 kidnapping, or misconduct involving a controlled substance in the first degree shall be 01 sentenced to a definite term of imprisonment of at least five years but not more than 02 99 years. A defendant convicted of murder in the second degree or murder of an 03 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 04 imprisonment of at least 15 years but not more than 99 years. A defendant convicted 05 of murder in the second degree shall be sentenced to a definite term of imprisonment 06 of at least 20 years but not more than 99 years when the defendant is convicted of the 07 murder of a child under 18 [16] years of age and the court finds by clear and 08 convincing evidence that the defendant (1) was a natural parent, a stepparent, an 09 adoptive parent, a legal guardian, or a person occupying a position of authority in 10 relation to the child; or (2) caused the death of the child by committing a crime against 11 a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 12 "position of authority" have the meanings given in AS 11.41.470. 13 * Sec. 48. AS 12.55.125(d) is amended to read: 14 (d) Except as provided in (i) of this section, a defendant convicted of a class B 15 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 16 and shall be sentenced to a definite term within the following presumptive ranges, 17 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 18 (1) if the offense is a first felony conviction and does not involve 19 circumstances described in (2) of this subsection, one to three years; a defendant 20 sentenced under this paragraph may, if the court finds it appropriate, be granted a 21 suspended imposition of sentence under AS 12.55.085 if, as a condition of probation 22 under AS 12.55.086, the defendant is required to serve an active term of imprisonment 23 within the range specified in this paragraph, unless the court finds that a mitigation 24 factor under AS 12.55.155 applies; 25 (2) if the offense is a first felony conviction, 26 (A) the defendant violated AS 11.41.130, and the victim was a 27 child under 18 [16] years of age, two to four years; 28 (B) two to four years if the conviction is for attempt, 29 solicitation, or conspiracy to manufacture related to methamphetamine under 30 AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 31 (i) the attempted manufacturing occurred, or the 01 solicited or conspired offense was to have occurred, in a building with 02 reckless disregard that the building was used as a permanent or 03 temporary home or place of lodging for one or more children under 18 04 years of age or the building was a place frequented by children; or 05 (ii) in the course of an attempt to manufacture, the 06 defendant obtained the assistance of one or more children under 18 07 years of age or one or more children were present; 08 (3) if the offense is a second felony conviction, three to seven years; 09 (4) if the offense is a third felony conviction, six to 10 years. 10  * Sec. 49. AS 12.55.125(i) is amended to read: 11 (i) A defendant convicted of 12 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 13 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 14 under AS 11.41.455(c)(2), or sex trafficking in the first degree under 15 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 16 than 99 years and shall be sentenced to a definite term within the following 17 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 18 (A) if the offense is a first felony conviction, the offense does 19 not involve circumstances described in (B) of this paragraph, and the victim 20 was 21 (i) less than 13 years of age, 25 to 35 years; 22 (ii) 13 years of age or older, 20 to 30 years; 23 (B) if the offense is a first felony conviction and the defendant 24 possessed a firearm, used a dangerous instrument, or caused serious physical 25 injury during the commission of the offense, 25 to 35 years; 26 (C) if the offense is a second felony conviction and does not 27 involve circumstances described in (D) of this paragraph, 30 to 40 years; 28 (D) if the offense is a second felony conviction and the 29 defendant has a prior conviction for a sexual felony, 35 to 45 years; 30 (E) if the offense is a third felony conviction and the defendant 31 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 01 to 60 years; 02 (F) if the offense is a third felony conviction, the defendant is 03 not subject to sentencing under (l) of this section, and the defendant has two 04 prior convictions for sexual felonies, 99 years; 05 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 06 unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 07 under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 08 in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 09 minor in the first degree, or sex trafficking in the first degree under 10 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 11 than 99 years and shall be sentenced to a definite term within the following 12 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 13 (A) if the offense is a first felony conviction, the offense does 14 not involve circumstances described in (B) of this paragraph, and the victim 15 was 16 (i) under 13 years of age, 20 to 30 years; 17 (ii) 13 years of age or older, 15 to 30 years; 18 (B) if the offense is a first felony conviction and the defendant 19 possessed a firearm, used a dangerous instrument, or caused serious physical 20 injury during the commission of the offense, 25 to 35 years; 21 (C) if the offense is a second felony conviction and does not 22 involve circumstances described in (D) of this paragraph, 25 to 35 years; 23 (D) if the offense is a second felony conviction and the 24 defendant has a prior conviction for a sexual felony, 30 to 40 years; 25 (E) if the offense is a third felony conviction, the offense does 26 not involve circumstances described in (F) of this paragraph, and the defendant 27 is not subject to sentencing under (l) of this section, 35 to 50 years; 28 (F) if the offense is a third felony conviction, the defendant is 29 not subject to sentencing under (l) of this section, and the defendant has two 30 prior convictions for sexual felonies, 99 years; 31 (3) sexual assault in the second degree, sexual abuse of a minor in the 01 second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 02 first degree under AS 11.41.458(b)(2), distribution of generated obscene child  03 sexual abuse material under AS 11.61.121(d)(2), distribution of child sexual abuse 04 material under AS 11.61.125(e)(2), patron of a victim of sex trafficking under 05 AS 11.66.137(c)(1) [AS 11.66.137], or attempt, conspiracy, or solicitation to commit 06 sexual assault in the first degree under AS 11.41.410(a)(1)(B) may be sentenced to a 07 definite term of imprisonment of not more than 99 years and shall be sentenced to a 08 definite term within the following presumptive ranges, subject to adjustment as 09 provided in AS 12.55.155 - 12.55.175: 10 (A) if the offense is a first felony conviction, five to 15 years; 11 (B) if the offense is a second felony conviction and does not 12 involve circumstances described in (C) of this paragraph, 10 to 25 years; 13 (C) if the offense is a second felony conviction and the 14 defendant has a prior conviction for a sexual felony, 15 to 30 years; 15 (D) if the offense is a third felony conviction and does not 16 involve circumstances described in (E) of this paragraph, 20 to 35 years; 17 (E) if the offense is a third felony conviction and the defendant 18 has two prior convictions for sexual felonies, 99 years; 19 (4) sexual assault in the third degree, sexual abuse of a minor in the 20 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 21 AS 11.41.458(b)(1), distribution of generated obscene child sexual abuse material  22 under AS 11.61.121(d)(1), possession of generated obscene child sexual abuse  23 material, indecent viewing or production of a picture under AS 11.61.123(g)(1) or 24 (2), possession of child sexual abuse material, distribution of child sexual abuse 25 material under AS 11.61.125(e)(1), patron of a victim of sex trafficking under 26 AS 11.66.137(c)(2) [AS 11.66.137], or attempt, conspiracy, or solicitation to commit 27 sexual assault in the second degree, sexual abuse of a minor in the second degree, 28 distribution of generated obscene child sexual abuse material, unlawful 29 exploitation of a minor, distribution of child sexual abuse material under  30 AS 11.61.125(e)(2), or patron of a victim of sex trafficking under AS 11.66.137(c)(1) 31 [AS 11.66.137], may be sentenced to a definite term of imprisonment of not more than 01 99 years and shall be sentenced to a definite term within the following presumptive 02 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 03 (A) if the offense is a first felony conviction and does not 04 involve the circumstances described in (B) or (C) of this paragraph, two to 12 05 years; 06 (B) if the offense is a first felony conviction under 07 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 08 involve circumstances described in (C) of this paragraph, four to 12 years; 09 (C) if the offense is a first felony conviction under 10 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 11 defendant hosted, created, or helped host or create a mechanism for multi-party 12 sharing or distribution of generated obscene child sexual abuse material or 13 child sexual abuse material, or received a financial benefit or had a financial 14 interest in a generated obscene child sexual abuse material or child sexual 15 abuse material sharing or distribution mechanism, six to 14 years; 16 (D) if the offense is a second felony conviction and does not 17 involve circumstances described in (E) of this paragraph, eight to 15 years; 18 (E) if the offense is a second felony conviction and the 19 defendant has a prior conviction for a sexual felony, 12 to 20 years; 20 (F) if the offense is a third felony conviction and does not 21 involve circumstances described in (G) of this paragraph, 15 to 25 years; 22 (G) if the offense is a third felony conviction and the defendant 23 has two prior convictions for sexual felonies, 99 years. 24  * Sec. 50. AS 12.55.127(c) is amended to read: 25 (c) If the defendant is being sentenced for 26 (1) escape, the term of imprisonment shall be consecutive to the term 27 for the underlying crime; 28 (2) two or more crimes under AS 11.41, a consecutive term of 29 imprisonment shall be imposed for at least 30 (A) the mandatory minimum term under AS 12.55.125(a) for 31 each additional crime that is murder in the first degree; 01 (B) the mandatory minimum term for each additional crime 02 that is an unclassified felony governed by AS 12.55.125(b); 03 (C) the presumptive term specified in AS 12.55.125(c) or the 04 active term of imprisonment, whichever is less, for each additional crime that 05 is 06 (i) manslaughter; or 07 (ii) kidnapping that is a class A felony; 08 (D) two years or the active term of imprisonment, whichever is 09 less, for each additional crime that is criminally negligent homicide, except as  10 provided in (4) of this subsection; 11 (E) one-fourth of the presumptive term under AS 12.55.125(c) 12 or (i) for each additional crime that is sexual assault in the first degree under 13 AS 11.41.410 or sexual abuse of a minor in the first degree under 14 AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 15 offenses; and 16 (F) some additional term of imprisonment for each additional 17 crime, or each additional attempt or solicitation to commit the offense, under 18 AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 19 11.41.500 - 11.41.520; 20 (3) two or more crimes of violation of condition of release under 21 AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 22 additional term of imprisonment for the underlying crime and each additional crime 23 under AS 11.56.757;  24 (4) criminally negligent homicide or criminally negligent homicide  25 of an unborn child, a consecutive term of imprisonment shall be imposed for  26 some additional term of imprisonment for each additional crime under  27 AS 28.35.050 or 28.35.060. 28  * Sec. 51. AS 12.55.127(d) is amended to read: 29 (d) If the defendant is being sentenced for two or more crimes of distribution  30 of generated obscene child sexual abuse material under AS 11.61.121, possession  31 of generated obscene child sexual abuse material under AS 11.61.122, distribution 01 of child sexual abuse material under AS 11.61.125, possession of child sexual abuse 02 material under AS 11.61.127, or distribution of indecent material to minors under 03 AS 11.61.128, a consecutive term of imprisonment shall be imposed for some 04 additional term of imprisonment for each additional crime or each additional attempt 05 or solicitation to commit the offense. 06  * Sec. 52. AS 12.55.145(a) is amended to read: 07 (a) For purposes of considering prior convictions in imposing sentence under 08 (1) AS 12.55.125(c), (d), or (e), 09 (A) a prior conviction may not be considered if a period of 10 10 or more years has elapsed between the date of the defendant's unconditional 11 discharge on the immediately preceding offense and commission of the present 12 offense unless the prior conviction was for an unclassified or class A felony; 13 (B) a conviction in this or another jurisdiction of an offense 14 having elements similar to those of a felony defined as such under Alaska law 15 at the time the offense was committed is considered a prior felony conviction; 16 (C) two or more convictions arising out of a single, continuous 17 criminal episode during which there was no substantial change in the nature of 18 the criminal objective are considered a single conviction unless the defendant 19 was sentenced to consecutive sentences for the crimes; offenses committed 20 while attempting to escape or avoid detection or apprehension after the 21 commission of another offense are not part of the same criminal episode or 22 objective; 23 (2) AS 12.55.125(l), 24 (A) a conviction in this or another jurisdiction of an offense 25 having elements similar to those of a most serious felony is considered a prior 26 most serious felony conviction; 27 (B) commission of and conviction for offenses relied on as 28 prior most serious felony offenses must occur in the following order: 29 conviction for the first offense must occur before commission of the second 30 offense, and conviction for the second offense must occur before commission 31 of the offense for which the defendant is being sentenced; 01 (3) AS 12.55.135(g), 02 (A) a prior conviction may not be considered if a period of five 03 or more years has elapsed between the date of the defendant's unconditional 04 discharge on the immediately preceding offense and commission of the present 05 offense unless the prior conviction was for an unclassified or class A felony; 06 (B) a conviction in this or another jurisdiction of an offense 07 having elements similar to those of a crime against a person or a crime 08 involving domestic violence is considered a prior conviction; 09 (C) two or more convictions arising out of a single, continuous 10 criminal episode during which there was no substantial change in the nature of 11 the criminal objective are considered a single conviction unless the defendant 12 was sentenced to consecutive sentences for the crimes; offenses committed 13 while attempting to escape or avoid detection or apprehension after the 14 commission of another offense are not part of the same criminal episode or 15 objective; 16 (4) AS 12.55.125(i), 17 (A) a conviction in this or another jurisdiction of an offense 18 having elements similar to those of a sexual felony is a prior conviction for a 19 sexual felony; 20 (B) a felony conviction in another jurisdiction making it a 21 crime to commit any lewd and lascivious act on a child under the age of 18 22 [16] years, with the intent of arousing, appealing to, or gratifying the sexual 23 desires of the defendant or the victim is a prior conviction for a sexual felony; 24 (C) two or more convictions arising out of a single, continuous 25 criminal episode during which there was no substantial change in the nature of 26 the criminal objective are considered a single conviction unless the defendant 27 was sentenced to consecutive sentences for the crimes; offenses committed 28 while attempting to escape or avoid detection or apprehension after the 29 commission of another offense are not part of the same criminal episode or 30 objective; 31 (D) a conviction in this or another jurisdiction of an offense 01 having elements similar to those of a felony defined as such under Alaska law 02 at the time the offense was committed is considered a prior felony conviction. 03  * Sec. 53. AS 12.55.155(c) is amended to read: 04 (c) The following factors shall be considered by the sentencing court if proven 05 in accordance with this section, and may allow imposition of a sentence above the 06 presumptive range set out in AS 12.55.125: 07 (1) a person, other than an accomplice, sustained physical injury as a 08 direct result of the defendant's conduct; 09 (2) the defendant's conduct during the commission of the offense 10 manifested deliberate cruelty to another person; 11 (3) the defendant was the leader of a group of three or more persons 12 who participated in the offense; 13 (4) the defendant employed a dangerous instrument in furtherance of 14 the offense; 15 (5) the defendant knew or reasonably should have known that the 16 victim of the offense was particularly vulnerable or incapable of resistance due to 17 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 18 extreme youth or was for any other reason substantially incapable of exercising 19 normal physical or mental powers of resistance; 20 (6) the defendant's conduct created a risk of imminent physical injury 21 to three or more persons, other than accomplices; 22 (7) a prior felony conviction considered for the purpose of invoking a 23 presumptive range under this chapter was of a more serious class of offense than the 24 present offense; 25 (8) the defendant's prior criminal history includes conduct involving 26 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 27 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 28 combination of assaultive behavior and cruelty to animals proscribed under 29 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 30 means assault that is a felony under AS 11.41, or a similar provision in another 31 jurisdiction; 01 (9) the defendant knew that the offense involved more than one victim; 02 (10) the conduct constituting the offense was among the most serious 03 conduct included in the definition of the offense; 04 (11) the defendant committed the offense under an agreement that the 05 defendant either pay or be paid for the commission of the offense, and the pecuniary 06 incentive was beyond that inherent in the offense itself; 07 (12) the defendant was on release under AS 12.30 for another felony 08 charge or conviction or for a misdemeanor charge or conviction having assault as a 09 necessary element; 10 (13) the defendant knowingly directed the conduct constituting the 11 offense at an active officer of the court or at an active or former judicial officer, 12 prosecuting attorney, law enforcement officer, correctional employee, firefighter, 13 emergency medical technician, paramedic, ambulance attendant, or other emergency 14 responder during or because of the exercise of official duties; 15 (14) the defendant was a member of an organized group of five or 16 more persons, and the offense was committed to further the criminal objectives of the 17 group; 18 (15) the defendant has three or more prior felony convictions; 19 (16) the defendant's criminal conduct was designed to obtain 20 substantial pecuniary gain and the risk of prosecution and punishment for the conduct 21 is slight; 22 (17) the offense was one of a continuing series of criminal offenses 23 committed in furtherance of illegal business activities from which the defendant 24 derives a major portion of the defendant's income; 25 (18) the offense was a felony 26 (A) specified in AS 11.41 and was committed against a spouse, 27 a former spouse, or a member of the social unit made up of those living 28 together in the same dwelling as the defendant; 29 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 30 has engaged in the same or other conduct prohibited by a provision of 31 AS 11.41.410 - 11.41.460 involving the same or another victim; 01 (C) specified in AS 11.41 that is a crime involving domestic 02 violence and was committed in the physical presence or hearing of a child 03 under 18 [16] years of age who was, at the time of the offense, living within 04 the residence of the victim, the residence of the perpetrator, or the residence 05 where the crime involving domestic violence occurred; 06 (D) specified in AS 11.41 and was committed against a person 07 with whom the defendant has a dating relationship or with whom the defendant 08 has engaged in a sexual relationship; or 09 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 10 the defendant was 10 or more years older than the victim; 11 (19) the defendant's prior criminal history includes an adjudication as a 12 delinquent for conduct that would have been a felony if committed by an adult; 13 (20) the defendant was on furlough under AS 33.30 or on parole or 14 probation for another felony charge or conviction that would be considered a prior 15 felony conviction under AS 12.55.145(a)(1)(B); 16 (21) the defendant has a criminal history of repeated instances of 17 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 18 similar in nature to the offense for which the defendant is being sentenced under this 19 section; 20 (22) the defendant knowingly directed the conduct constituting the 21 offense at a victim because of that person's race, sex, color, creed, physical or mental 22 disability, ancestry, or national origin; 23 (23) the defendant is convicted of an offense specified in AS 11.71 and 24 (A) the offense involved the delivery of a controlled substance 25 under circumstances manifesting an intent to distribute the substance as part of 26 a commercial enterprise; or 27 (B) at the time of the conduct resulting in the conviction, the 28 defendant was caring for or assisting in the care of a child under 10 years of 29 age; 30 (24) the defendant is convicted of an offense specified in AS 11.71 and 31 the offense involved the transportation of controlled substances into the state; 01 (25) the defendant is convicted of an offense specified in AS 11.71 and 02 the offense involved large quantities of a controlled substance; 03 (26) the defendant is convicted of an offense specified in AS 11.71 and 04 the offense involved the distribution of a controlled substance that had been 05 adulterated with a toxic substance; 06 (27) the defendant, being 18 years of age or older, 07 (A) is legally accountable under AS 11.16.110(2) for the 08 conduct of a person who, at the time the offense was committed, was under 18 09 years of age and at least three years younger than the defendant; or 10 (B) is aided or abetted in planning or committing the offense by 11 a person who, at the time the offense was committed, was under 18 years of 12 age and at least three years younger than the defendant; 13 (28) the victim of the offense is a person who provided testimony or 14 evidence related to a prior offense committed by the defendant; 15 (29) the defendant committed the offense for the benefit of, at the 16 direction of, or in association with a criminal street gang; 17 (30) the defendant is convicted of an offense specified in AS 11.41.410 18 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 19 the victim in furtherance of the offense with the intent to make the victim 20 incapacitated; in this paragraph, "incapacitated" has the meaning given in 21 AS 11.41.470; 22 (31) the defendant's prior criminal history includes convictions for five 23 or more crimes in this or another jurisdiction that are class A misdemeanors under the 24 law of this state, or having elements similar to a class A misdemeanor; two or more 25 convictions arising out of a single continuous episode are considered a single 26 conviction; however, an offense is not a part of a continuous episode if committed 27 while attempting to escape or resist arrest or if it is an assault on a uniformed or 28 otherwise clearly identified peace officer or correctional employee; notice and denial 29 of convictions are governed by AS 12.55.145(b) - (d); 30 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 31 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 01 in the administrative offices of a school district if students are educated at that office; 02 in this paragraph, 03 (A) "school bus" has the meaning given in AS 11.71.900; 04 (B) "school district" has the meaning given in AS 47.07.063; 05 (C) "school grounds" has the meaning given in AS 11.71.900; 06 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 07 the defendant had been previously diagnosed as having or having tested positive for 08 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 09 victim to a risk or a fear that the offense could result in the transmission of HIV or 10 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 11 AS 18.15.310; 12 (34) the defendant committed the offense on, or to affect persons or 13 property on, the premises of a recognized shelter or facility providing services to 14 victims of domestic violence or sexual assault; 15 (35) the defendant knowingly directed the conduct constituting the 16 offense at a victim because that person was 65 years of age or older; 17 (36) the defendant committed the offense at a health care facility and 18 knowingly directed the conduct constituting the offense at a medical professional 19 during or because of the medical professional's exercise of professional duties; in this 20 paragraph, 21 (A) "health care facility" has the meaning given in 22 AS 18.07.111; 23 (B) "medical professional" has the meaning given in 24 AS 12.55.135(k); 25 (37) the defendant knowingly caused the victim to become 26 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 27 instrument" has the meaning given in AS 11.81.900(b)(16)(B). 28  * Sec. 54. AS 12.55.185(16) is amended to read: 29 (16) "sexual felony" means sexual assault in the first degree, sexual 30 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 31 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 01 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 02 patron of a victim of sex trafficking, distribution of generated obscene child sexual  03 abuse material, possession of generated obscene child sexual abuse material,  04 indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), 05 distribution of child sexual abuse material, sexual assault in the third degree, incest, 06 indecent exposure in the first degree, possession of child sexual abuse material, 07 enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 08 crimes; 09  * Sec. 55. AS 12.61.010(a) is amended to read: 10 (a) Victims of crimes have the following rights: 11 (1) the right to be present during any proceeding in 12 (A) the prosecution and sentencing of a defendant if the 13 defendant has the right to be present, including being present during testimony 14 even if the victim is likely to be called as a witness; 15 (B) the adjudication of a minor as provided under 16 AS 47.12.110; 17 (2) the right to be notified by the appropriate law enforcement agency 18 or the prosecuting attorney of any request for a continuance that may substantially 19 delay the prosecution and of the date of trial, sentencing, including a proceeding 20 before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 21 the defendant's release from custody is considered; 22 (3) the right to be notified that a sentencing hearing or a court 23 proceeding to which the victim has been subpoenaed will not occur as scheduled; 24 (4) the right to receive protection from harm and threats of harm 25 arising out of cooperation with law enforcement and prosecution efforts and to be 26 provided with information as to the protection available; 27 (5) the right to be notified of the procedure to be followed to apply for 28 and receive any compensation under AS 18.67; 29 (6) at the request of the prosecution or a law enforcement agency, the 30 right to cooperate with the criminal justice process without loss of pay and other 31 employee benefits except as authorized by AS 12.61.017 and without interference in 01 any form by the employer of the victim of crime; 02 (7) the right to obtain access to immediate medical assistance and not 03 to be detained for an unreasonable length of time by a law enforcement agency before 04 having medical assistance administered; however, an employee of the law 05 enforcement agency may, if necessary, accompany the person to a medical facility to 06 question the person about the criminal incident if the questioning does not hinder the 07 administration of medical assistance; 08 (8) the right to make a written or oral statement for use in preparation 09 of the presentence report of a felony defendant; 10 (9) the right to appear personally at the defendant's sentencing hearing 11 to present a written statement and to give sworn testimony or an unsworn oral 12 presentation; 13 (10) the right to be informed by the prosecuting attorney, at any time 14 after the defendant's conviction, about the complete record of the defendant's 15 convictions; 16 (11) the right to notice under AS 12.47.095 concerning the status of the 17 defendant found not guilty by reason of insanity; 18 (12) the right to notice under AS 33.16.087 of a hearing concerning 19 special medical parole of the defendant; 20 (13) the right to notice under AS 33.16.120 of a hearing to consider or 21 review discretionary parole of the defendant; 22 (14) the right to notice under AS 33.30.013 of the release or escape of 23 the defendant; [AND] 24 (15) the right to be notified orally and in writing of and receive 25 information about the office of victims' rights from the law enforcement officer 26 initially investigating the crime and from the prosecuting attorney assigned to the 27 offense; at a minimum, the information provided must include the address, telephone 28 number, and Internet address of the office of victims' rights; this paragraph 29 (A) applies only to victims of felonies and to victims of class A 30 misdemeanors if the class A misdemeanor is a crime involving domestic 31 violence or a crime against a person under AS 11.41; if the victim is an 01 unemancipated minor, the law enforcement officer and the prosecuting 02 attorney shall also provide the notice required by this paragraph to the parent 03 or guardian of the minor; 04 (B) is satisfied if, at the time of initial contact with the crime 05 victim, the investigating officer and prosecuting attorney each give each crime 06 victim a brochure or other written material prepared by the office of victims' 07 rights and provided to law enforcement agencies for that purpose; and  08 (16) the right to be notified of the location and testing date of a  09 sexual assault examination kit collected from the victim. 10  * Sec. 56. AS 12.62.160(b) is amended to read: 11 (b) Subject to the requirements of this section, and except as otherwise limited 12 or prohibited by other provision of law or court rule, criminal justice information 13 (1) may be provided to a person when, and only to the extent, 14 necessary to avoid imminent danger to life or extensive damage to property; 15 (2) may be provided to a person to the extent required by applicable 16 court rules or under an order of a court of this state, another state, or the United States; 17 (3) may be provided to a person if the information is commonly or 18 traditionally provided by criminal justice agencies in order to identify, locate, or 19 apprehend fugitives or wanted persons or to recover stolen property, or for public 20 reporting of recent arrests, charges, and other criminal justice activity; 21 (4) may be provided to a criminal justice agency for a criminal justice 22 activity; 23 (5) may be provided to a government agency when necessary for 24 enforcement of or for a purpose specifically authorized by state or federal law; 25 (6) may be provided to a person specifically authorized by a state or 26 federal law to receive that information; 27 (7) in aggregate form may be released to a qualified person, as 28 determined by the agency, for criminal justice research, subject to written conditions 29 that ensure [ASSURE] the security of the information and the privacy of individuals 30 to whom the information relates; 31 (8) may be provided to a person for any purpose, except that 01 information may not be released if the information is nonconviction information, [OR] 02 correctional treatment information, or criminal justice information as described in  03 (f) of this section; 04 (9) including information relating to a serious offense, may be 05 provided to an interested person if the information is requested for the purpose of 06 determining whether to grant a person supervisory or disciplinary power over a minor 07 or dependent adult; and 08 (10) may be provided to the person who is the subject of the 09 information. 10  * Sec. 57. AS 12.62.160 is amended by adding a new subsection to read: 11 (f) An agency may not release criminal justice information of a criminal case 12 in which the defendant 13 (1) was convicted under AS 11.71.060, or a municipal ordinance with 14 similar elements, for possession of less than one ounce of a schedule VIA controlled 15 substance; 16 (2) was 21 years of age or older at the time of commission of the 17 offense; 18 (3) was not convicted of any other criminal charges in that case; and 19 (4) requests that the agency not release the records. 20  * Sec. 58. AS 12.62.900(22) is amended to read: 21 (22) "serious offense" means a conviction for a violation or for an 22 attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 23 or of the laws of another jurisdiction with substantially similar elements: 24 (A) a felony offense; 25 (B) a crime involving domestic violence; 26 (C) AS 11.41.410 - 11.41.470; 27 (D) AS 11.51.130, 11.51.200 - 11.51.220, or AS 11.56.100 -  28 11.56.210 [OR 11.51.200 - 11.56.210]; 29 (E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 30 (F) AS 11.66.100 - 11.66.130; 31 (G) former AS 11.15.120, former 11.15.134, or assault with the 01 intent to commit rape under former AS 11.15.160; or 02 (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 03 11.40.420, if committed before January 1, 1980. 04  * Sec. 59. AS 12.63.020(a) is amended to read: 05 (a) The duty of a sex offender or child kidnapper to comply with the 06 requirements of AS 12.63.010 is as follows: 07 (1) for a sex offender or child kidnapper, as that term is defined in 08 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 09 (A) continues for the lifetime of a sex offender or child 10 kidnapper convicted of 11 (i) one aggravated sex offense; or 12 (ii) two or more sex offenses, two or more child 13 kidnappings, or one sex offense and one child kidnapping; for purposes 14 of this section, a person convicted of indecent exposure before a person 15 under 18 [16] years of age under AS 11.41.460 more than two times 16 has been convicted of two or more sex offenses; 17 (B) ends 15 years following the sex offender's or child 18 kidnapper's unconditional discharge from a conviction for a single sex offense 19 that is not an aggravated sex offense or for a single child kidnapping if the sex 20 offender or child kidnapper has supplied proof that is acceptable to the 21 department of the unconditional discharge; the registration period under this 22 subparagraph 23 (i) is tolled for the period that a sex offender or child 24 kidnapper fails to comply with the requirements of this chapter or is 25 incarcerated for the offense or kidnapping for which the offender or 26 kidnapper is required to register or for any other offense; 27 (ii) may include the time a sex offender or child 28 kidnapper was absent from this state if the sex offender or child 29 kidnapper has complied with any sex offender or child kidnapper 30 registration requirements of the jurisdiction in which the offender or 31 kidnapper was located and if the sex offender or child kidnapper 01 provides the department with proof of the compliance while the sex 02 offender or child kidnapper was absent from this state; and 03 (iii) continues for a sex offender or child kidnapper who 04 has not supplied proof acceptable to the department of the offender's or 05 kidnapper's unconditional discharge for the sex offense or child 06 kidnapping requiring registration; 07 (2) for a sex offender or child kidnapper, as that term is defined in 08 AS 12.63.100(6)(B), the duty continues for the period determined by the department 09 under (b) of this section. 10  * Sec. 60. AS 12.63.100(7) is amended to read: 11 (7) "sex offense" means 12 (A) a crime under AS 11.41.100(a)(3), or a similar law of 13 another jurisdiction, in which the person committed or attempted to commit a 14 sexual offense, or a similar offense under the laws of the other jurisdiction; in 15 this subparagraph, "sexual offense" has the meaning given in 16 AS 11.41.100(a)(3); 17 (B) a crime under AS 11.41.110(a)(3), or a similar law of 18 another jurisdiction, in which the person committed or attempted to commit 19 one of the following crimes, or a similar law of another jurisdiction: 20 (i) sexual assault in the first degree; 21 (ii) sexual assault in the second degree; 22 (iii) sexual abuse of a minor in the first degree; or 23 (iv) sexual abuse of a minor in the second degree; 24 (C) a crime, or an attempt, solicitation, or conspiracy to commit 25 a crime, under the following statutes or a similar law of another jurisdiction: 26 (i) AS 11.41.410 - 11.41.438; 27 (ii) AS 11.41.440(a)(2); 28 (iii) AS 11.41.450 - 11.41.458; 29 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 30 exposure is before a person under 18 [16] years of age and the offender 31 has previously been convicted under AS 11.41.460 or AS 26.05.900(c); 01 (v) AS 11.61.121 or 11.61.122;  02 (vi) AS 11.61.125 - 11.61.128; 03 (vii) [(vi)] AS 11.66.130(a)(2)(B) or AS 26.05.900(b) if 04 the person who was induced or caused to engage in prostitution was 05 under 20 years of age at the time of the offense; 06 (viii) [(vii)] former AS 11.15.120, former 11.15.134, or 07 assault with the intent to commit rape under former AS 11.15.160, 08 former AS 11.40.110, or former 11.40.200; 09 (ix) [(viii)] AS 11.61.118(a)(2) if the offender has a 10 previous conviction for that offense; 11 (x) [(ix)] AS 11.66.100(a)(2) if the offender is subject 12 to punishment under former AS 11.66.100(e); 13 (xi) [(x)] AS 26.05.890 if the person engaged in sexual 14 penetration or sexual contact with the victim; 15 (xii) [(xi)] AS 26.05.890 if, at the time of the offense, 16 the victim is under a duty to obey the lawful orders of the offender, 17 regardless of whether the offender is in the direct chain of command 18 over the victim; 19 (xiii) [(xii)] AS 26.05.893 if the person engaged in 20 sexual penetration or sexual contact with the victim; 21 (xiv) [(xiii)] AS 26.05.900(a) if the victim is under 18 22 years of age at the time of the offense; 23 (xv) [(xiv)] AS 26.05.900 if, at the time of the offense, 24 the victim is under a duty to obey the lawful orders of the offender, 25 regardless of whether the offender is in the direct chain of command 26 over the victim; 27 (xvi) [(xv)] AS 11.61.123 if the offender is subject to 28 punishment under AS 11.61.123(g)(1) or (2); 29 (xvii) [(xvi)] AS 11.66.137; 30 (xviii) [(xvii)] AS 11.61.130(a)(2); or 31 (xix) [(xviii)] AS 11.66.110 and 11.66.120; 01 (D) an offense, or an attempt, solicitation, or conspiracy to 02 commit an offense, under AS 26.05.935(b), or a similar law of another 03 jurisdiction, if the member of the militia commits one of the following 04 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 05 Code of Military Justice): 06 (i) child sexual abuse material; or 07 (ii) pandering and prostitution if the person who is 08 induced, enticed, caused, or procured to engage in a sexual act is under 09 20 years of age at the time of the offense; or 10 (E) an offense in which the person is required to register as a 11 sex offender under the laws of another jurisdiction; 12  * Sec. 61. AS 14.20.030(b) is amended to read: 13 (b) The commissioner or the Professional Teaching Practices Commission 14 shall revoke for life the certificate of a person who has been convicted of a crime, or 15 an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 16 AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 17 11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 18 offense described in this subsection. 19  * Sec. 62. AS 18.66.250(5) is amended to read: 20 (5) "victim counseling center" means a private organization, an 21 organization operated by or contracted by a branch of the armed forces of the United 22 States, or a local or tribal government agency that 23 (A) has, as one of its primary purposes, the provision of direct 24 services to victims for trauma resulting from a sexual assault or domestic 25 violence; 26 (B) is not affiliated with a law enforcement agency or a 27 prosecutor's office; and 28 (C) is not on contract with the state to provide services under 29 AS 47; 30  * Sec. 63. AS 28.15.046(c) is amended to read: 31 (c) The department may not issue a license under this section to an applicant 01 (1) who has been convicted of any of the following offenses: 02 (A) a violation, or an attempt, solicitation, or conspiracy to 03 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 04 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 05 (B) a felony violation of endangering the welfare of a child in 06 the first degree under AS 11.51.100; 07 (C) felony indecent viewing or production of a picture under 08 AS 11.61.123; 09 (D) distribution of child sexual abuse material under 10 AS 11.61.125; 11 (E) possession of child sexual abuse material under 12 AS 11.61.127; 13 (F) distribution of indecent material to minors under 14 AS 11.61.128; 15 (G) patron of a victim of sex trafficking under AS 11.66.137; 16 (H) sex trafficking in the first, second, or third degree under 17 AS 11.66.110 - 11.66.130; 18 (I) a felony involving distribution of a controlled substance 19 under AS 11.71 or imitation controlled substance under AS 11.73; 20 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 21 (K) distribution of generated obscene child sexual abuse  22 material under AS 11.61.121;  23 (L) possession of generated obscene child sexual abuse  24 material under AS 11.61.122; or 25 (2) who has been convicted of any of the following offenses and less 26 than two years have elapsed since the applicant's date of conviction for the offense: 27 (A) assault in the fourth degree under AS 11.41.230; 28 (B) reckless endangerment under AS 11.41.250; 29 (C) contributing to the delinquency of a minor under 30 AS 11.51.130; 31 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 01 (E) a misdemeanor violation of endangering the welfare of a 02 child in the first degree under AS 11.51.100. 03  * Sec. 64. AS 28.35.060(b) is amended to read: 04 (b) Except as provided in (c) or (d) of this section, a person who fails to 05 comply with any of the requirements of this section is, upon conviction, punishable by 06 imprisonment for not more than one year, or by a fine of not more than $500, or by 07 both. This provision does not apply to a person incapacitated by the accident to the 08 extent that the person is physically incapable of complying with the requirement. 09  * Sec. 65. AS 28.35.060(c) is amended to read: 10 (c) A person who fails to comply with a requirement of this section regarding 11 failure to render reasonable assistance in an accident resulting in injury 12 [ASSISTING AN INJURED PERSON] is, upon conviction, guilty of a class B  13 felony, punishable as provided in AS 12.55 [BY IMPRISONMENT FOR NOT 14 MORE THAN 10 YEARS, OR BY A FINE OF NOT MORE THAN $10,000, OR BY 15 BOTH]. This provision does not apply to a person incapacitated by the accident to the 16 extent that the person is physically incapable of complying with the requirement. 17  * Sec. 66. AS 28.35.060 is amended by adding a new subsection to read: 18 (d) A person who fails to comply with a requirement of this section regarding 19 failure to render reasonable assistance in an accident resulting in death is, upon 20 conviction, guilty of a class A felony, punishable as provided in AS 12.55. This 21 provision does not apply to a person incapacitated by the accident to the extent that the 22 person is physically incapable of complying with the requirement. 23  * Sec. 67. AS 28.35 is amended by adding a new section to read: 24 Sec. 28.35.248. Airbag fraud. (a) A person commits the crime of airbag fraud 25 if the person 26 (1) knowingly sells, offers for sale, imports, installs, or reinstalls 27 (A) a replacement airbag that does not comply with federal 28 safety regulations specific to the vehicle's make, model, and year; 29 (B) an airbag that is counterfeit or nonfunctioning; or 30 (C) a part or device that is intended to conceal a counterfeit or 31 nonfunctioning airbag; 01 (2) knowingly manufactures 02 (A) a counterfeit or nonfunctioning airbag; or 03 (B) a part or device that is intended to conceal a counterfeit or 04 nonfunctioning airbag; or 05 (3) intentionally sells, leases, or trades or offers for sale, lease, or trade 06 a vehicle that the person knows has 07 (A) a replacement airbag that does not comply with federal 08 safety regulations specific to the vehicle's make, model, and year; or 09 (B) a counterfeit or nonfunctioning airbag. 10 (b) This section does not apply to 11 (1) a person installing, reinstalling, or replacing an airbag on a vehicle 12 used solely for police work; 13 (2) an owner or employee of a motor vehicle dealership or the owner 14 of a vehicle who, before the sale of the vehicle, does not have knowledge that the 15 vehicle's airbag is counterfeit or nonfunctioning; 16 (3) a person who transfers a vehicle title to an insurance company to 17 satisfy an insurance claim when the insurance company declares the vehicle to be an 18 actual total loss or constructive total loss; 19 (4) an insurance company that sells or otherwise disposes of a vehicle 20 as authorized by law or regulation; or 21 (5) a person who, before the sale, lease, or trade of a vehicle, discloses 22 to the buyer or lessee that the vehicle contains an airbag that is inoperable, damaged, 23 recalled, has previously been deployed, causes a vehicle's diagnostic system to 24 inaccurately indicate that the vehicle is equipped with a properly functioning airbag, or 25 results in an electric fault detected by a vehicle's diagnostic system after the 26 installation procedure was completed. 27 (c) This section does not 28 (1) preclude liability of any party in a civil action; or 29 (2) create a duty that, before the sale of a vehicle, an owner or 30 employee of a motor vehicle dealership or the owner of the vehicle inspect a vehicle in 31 the possession of the dealership or owner to determine whether the airbag is 01 counterfeit or nonfunctioning. 02 (d) In this section, 03 (1) "airbag" includes an airbag component; 04 (2) "counterfeit" means a replacement airbag displaying an 05 unauthorized mark that is identical, or substantially similar, to the genuine mark of a 06 motor vehicle manufacturer or supplier of parts to a motor vehicle manufacturer; 07 (3) "nonfunctioning" means a replacement airbag that 08 (A) is inoperable; 09 (B) is damaged; 10 (C) is recalled; 11 (D) has previously been deployed; 12 (E) will cause a vehicle's diagnostic system to inaccurately 13 indicate that the vehicle is equipped with a properly functioning airbag; or 14 (F) results in an electric fault detected by a vehicle's diagnostic 15 system after the installation procedure is complete; 16 (4) "recalled" means an airbag that was removed from a vehicle 17 because a manufacturer or federal agency determined the airbag created an 18 unreasonable safety risk or did not meet minimum safety standards and that federal 19 law has not exempted from reinstallation. 20 (e) Airbag fraud is 21 (1) a class A misdemeanor; or 22 (2) a class C felony if death or serious physical injury to another 23 person results from 24 (A) the manufacture, sale, importation, installation, or 25 reinstallation of a replacement airbag that does not comply with federal safety 26 regulations specific to the vehicle's make, model, and year or a counterfeit or 27 nonfunctioning airbag; or 28 (B) the sale, lease, or trade of a vehicle that has a replacement 29 airbag that does not comply with federal safety regulations specific to the 30 vehicle's make, model, and year or a counterfeit or nonfunctioning airbag. 31  * Sec. 68. AS 33.16.020(a) is amended to read: 01 (a) There is in the Department of Corrections a board of parole consisting of 02 seven [FIVE] members appointed by the governor, subject to confirmation by a 03 majority of members of the legislature in joint session. 04  * Sec. 69. AS 33.16.020(b) is amended to read: 05 (b) Members of the board serve for staggered terms of five years and may not  06 serve more than two terms [UNTIL THEIR SUCCESSORS ARE APPOINTED]. 07  * Sec. 70. AS 33.16.030(b) is repealed and reenacted to read: 08 (b) The board consists of seven members, including 09 (1) one licensed physician, psychologist, or psychiatrist; 10 (2) one member with experience in the field of criminal justice; 11 (3) one member who has experience in providing drug or alcohol 12 addiction recovery support or who has personal experience with drug or alcohol 13 addiction; and 14 (4) one member of a federally recognized tribe in the state. 15  * Sec. 71. AS 33.16.030 is amended by adding a new subsection to read: 16 (d) In this section, 17 (1) "crime" means an offense for which a sentence of imprisonment is 18 authorized; a crime is either a felony or a misdemeanor; 19 (2) "federally recognized tribe" has the meaning given in 20 AS 23.20.520. 21  * Sec. 72. AS 33.16.100(g) is amended to read: 22 (g) When considering a prisoner for release on discretionary parole under 23 AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the 24 prisoner's likelihood of recidivism given the prisoner's age, age at the time of the  25 offense, criminal history, behavior in prison, participation in treatment, and plans for 26 reentering the community, a reasonable probability exists that 27 (1) the prisoner will live and remain at liberty without violating any 28 laws or conditions imposed by the board; 29 (2) the prisoner's rehabilitation and reintegration into society will be 30 furthered by release on parole; 31 (3) the prisoner will not pose a threat of harm to the public if released 01 on parole; and 02 (4) release of the prisoner on parole would not diminish the 03 seriousness of the crime. 04  * Sec. 73. AS 33.30 is amended by adding a new section to read: 05 Sec. 33.30.068. Medical release for service of sentence by electronic  06 monitoring. (a) Notwithstanding other provisions of law, the commissioner may 07 authorize medical release for a prisoner if 08 (1) after evaluation, the chief medical officer for the department finds 09 that the prisoner 10 (A) has a terminal, permanent, or progressively degenerative 11 medical condition and, as a result of the condition, the prisoner will not pose a 12 threat of harm to the public if released on electronic monitoring; or 13 (B) is in poor health and, as a result, the prisoner will not pose 14 a threat of harm to the public if released on electronic monitoring; and 15 (2) the medical release will result in medical cost savings to the state. 16 (b) A prisoner approved for release under this section shall remain subject to 17 continuous electronic monitoring and supervision as directed by the commissioner. If 18 the electronic monitoring equipment would be detrimental to the prisoner's health, 19 would interfere with the functioning of the prisoner's medical equipment, or would 20 result in a loss of funding for the prisoner's medical care, the commissioner shall 21 require an alternative type of monitoring. The electronic monitoring shall be 22 administered by the department or by a private contractor approved by the department 23 under AS 33.30.011(a)(10)(B) and shall be designed so that any attempt to remove, 24 tamper with, or disable the monitoring equipment or to leave the place selected for the 25 service of the term or period will result in a report or notice to the department. 26 (c) A decision by the commissioner to authorize a prisoner for medical release 27 for service of sentence by electronic monitoring does not create a liberty interest in 28 that status for the prisoner. The commissioner may immediately revoke the medical 29 release and return the prisoner to a correctional facility if the prisoner no longer meets 30 the conditions of the medical release or if public safety concerns arise. 31 (d) The commissioner shall impose any conditions necessary to ensure public 01 safety on a prisoner authorized for medical release. 02 (e) A prisoner convicted of AS 11.41.434 - 11.41.440, 11.41.455, or 03 AS 11.61.140(a)(6) is not eligible for medical release under this section. 04  * Sec. 74. AS 44.21.020 is amended to read: 05 Sec. 44.21.020. Duties of department. The Department of Administration 06 shall  07 (1) make surveys and studies to improve administrative procedures, 08 methods, and organization; 09 (2) keep general accounts; 10 (3) approve vouchers and disburse funds for all purposes; 11 (4) operate centralized purchasing and supply services, and necessary 12 storerooms and warehouses; 13 (5) [REPEALED 14 (6)] supervise telephone, mailing, messenger, duplicating, and similar 15 services adaptable to centralized management; 16 (6) [(7)] administer the public employees' retirement system and 17 teachers' retirement system; 18 (7) [(8)] administer a statewide personnel program, including central 19 personnel services such as recruitment, assessment, position classification, and pay 20 administration; 21 (8) [(9)] administer and supervise a statewide automatic data 22 processing program; 23 (9) [(10)] study, design, implement, and manage the 24 telecommunications systems and services of the state under AS 44.21.305 - 44.21.330;  25 (10) establish and administer the address confidentiality program  26 under AS 44.21.022 [(11) REPEALED]. 27  * Sec. 75. AS 44.21 is amended by adding a new section to read: 28 Sec. 44.21.022. Address confidentiality program. (a) The address 29 confidentiality program is established in the department to protect the confidentiality 30 of the address of an individual enrolled in the program. 31 (b) The department shall 01 (1) establish and administer the program; 02 (2) designate a post office box as a substitute mailing address for an 03 individual enrolled in the program; 04 (3) forward the mail of an individual enrolled in the program from the 05 post office box designated under (2) of this subsection to the individual's residential 06 street address, post office box, school address, or work address as specified on the 07 individual's application for enrollment in the program; 08 (4) maintain the confidentiality of the address of an individual enrolled 09 in the program; and 10 (5) adopt regulations establishing a procedure for a qualified individual 11 under (c) of this section to enroll in or withdraw from the program. 12 (c) The following individuals may enroll in the program: 13 (1) a victim of a crime involving domestic violence, stalking, or sexual 14 assault if 15 (A) a court has issued a protective order on behalf of the 16 victim; or 17 (B) the victim meets other standards set by the department; 18 (2) a guardian of a minor, if a court has issued a protective order on 19 behalf of the minor; 20 (3) a peace officer; 21 (4) a correctional officer; and 22 (5) a household member of an individual specified under (1) - (4) of 23 this subsection who is enrolled in the program. 24 (d) Notwithstanding (c) of this section, a person with a duty to register under 25 AS 12.63.010 may not enroll in the program. 26 (e) A state or municipal agency shall allow an individual enrolled in the 27 program to use the post office box designated by the department under (b)(2) of this 28 section as the individual's mailing address. 29 (f) The length of initial enrollment in the program is five years. If an 30 individual enrolled in the program does not renew the individual's enrollment in the 31 program every five years, the department shall remove the individual from the 01 program. The department shall remove an individual enrolled in the program if, during 02 the time of the individual's enrollment in the program, the individual is required to 03 register under AS 12.63.010. 04 (g) The department may not collect a registration fee from an individual 05 qualified under (c) of this section to enroll in the program. 06 (h) The department shall disclose an individual's address to a peace officer in 07 response to a search warrant issued by a state or federal court. 08 (i) A person who discloses information that is confidential under this section 09 about an individual enrolled in the program under (c) of this section is guilty of a class 10 A misdemeanor if the person 11 (1) is authorized to access the address confidentiality program database 12 and recklessly discloses the information to the respondent of a protective order; 13 (2) is not authorized to access the address confidentiality program 14 database and knowingly discloses the information to the respondent of a protective 15 order; or 16 (3) accesses the address confidentiality program database without 17 authorization to access the database and recklessly discloses the information. 18 (j) In this section, 19 (1) "correctional officer" means a person 20 (A) appointed by the commissioner of corrections whose 21 primary duty under AS 33.30 is to provide custody, care, security, control, and 22 discipline of persons charged or convicted of offenses against the state or held 23 under authority of state law; 24 (B) employed in a correctional facility in this state whose 25 primary duty is to provide custody, care, security, control, and discipline of 26 persons charged or convicted of offenses or held under authority of law; or 27 (C) employed full time in a municipal correctional facility 28 whose primary duty is to provide custody, care, security, control, and 29 discipline of persons charged or convicted of offenses or held under authority 30 of law, and the correctional facility is located in a municipality that has 31 adopted AS 18.65.130 - 18.65.290 by ordinance under AS 18.65.285; 01 (2) "crime involving domestic violence" has the meaning given in 02 AS 18.66.990; 03 (3) "department" means the Department of Administration; 04 (4) "household member" means an adult or minor who lives in the 05 same residence as an individual enrolled in the program; 06 (5) "peace officer" has the meaning given in AS 01.10.060; 07 (6) "program" means the address confidentiality program. 08  * Sec. 76. AS 44.23.080(a) is amended to read: 09 (a) If there is reasonable cause to believe that an Internet service account has 10 been used in connection with a violation of AS 11.41.452, 11.41.455, or 11 AS 11.61.121, 11.61.122, or 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], and 12 that the identity, address, and other information about the account owner will assist in 13 obtaining evidence that is relevant to the offense, a law enforcement officer may apply 14 to the attorney general or the attorney general's designee for an administrative 15 subpoena to obtain the business records of the Internet service provider located inside 16 or outside of the state. 17  * Sec. 77. AS 44.28 is amended by adding a new section to read: 18 Sec. 44.28.040. Tribal liaison. The Department of Corrections shall employ at 19 least one person in the department to act as a tribal liaison and facilitate internal 20 communication and collaboration relating to cultural programs and processes and to 21 interact between communities in the state and federally recognized tribes. 22  * Sec. 78. AS 44.41.065(a) is amended to read: 23 (a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual 24 assault examination kit is used to gather evidence under AS 18.68.010, [THE 25 AGENCY SHALL] 26 (1) a health care provider that gathers the evidence shall, not later  27 than 14 days after gathering the evidence, notify the appropriate law  28 enforcement agency that the sexual assault examination kit is available to be sent  29 to an accredited laboratory in coordination with the Department of Public Safety  30 or a laboratory operated by the Department of Public Safety;  31 (2) a law enforcement agency that gathers the evidence or that  01 receives notification of evidence gathered by a health care provider under (1) of  02 this subsection shall  03 (A) not later than 20 [WITHIN 30] days after gathering the  04 evidence or receiving the notification from the health care provider [THE 05 AGENCY COLLECTS THE SEXUAL ASSAULT EXAMINATION KIT], 06 send the sexual assault examination kit to an accredited laboratory in 07 coordination with the Department of Public Safety or a laboratory operated by 08 the Department of Public Safety; and  09 (B) not later than 14 days [(2) ENSURE THAT THE 10 LABORATORY TO WHICH THE SEXUAL ASSAULT EXAMINATION 11 KIT IS SENT UNDER (1) OF THIS SUBSECTION CONDUCTS A 12 SEROLOGICAL OR DNA TEST ON THE SEXUAL ASSAULT 13 EXAMINATION KIT WITHIN SIX MONTHS AFTER THE 14 LABORATORY RECEIVES THE SEXUAL ASSAULT EXAMINATION 15 KIT; AND 16 (3) WITHIN TWO WEEKS] after the laboratory that receives the 17 sexual assault examination kit under [(1) OF] this subsection completes serological or 18 DNA testing, make a reasonable effort to notify the victim from whom the sexual 19 assault examination kit was collected that the sexual assault examination kit has been 20 tested; and 21 (3) a laboratory to which the sexual assault examination kit is sent  22 under (2) of this subsection shall, not later than 120 days after receiving the  23 sexual assault examination kit, conduct a serological or DNA test on the sexual  24 assault examination kit. 25  * Sec. 79. AS 44.41.065(b) is amended to read: 26 (b) A criminal action may not be dismissed nor the evidence deemed 27 nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 28 (2)] of this section. 29  * Sec. 80. AS 44.41.065(c) is amended to read: 30 (c) If a case is resolved before a sexual assault examination kit is tested, a 31 health care provider, law enforcement agency, or laboratory in possession of the  01 sexual assault examination kit is not required to meet the time limits established in 02 (a) of this section. 03  * Sec. 81. AS 44.41.065(d)(1) is amended to read: 04 (1) "law enforcement agency" has [AND "AGENCY" HAVE] the 05 meaning given [TO "LAW ENFORCEMENT AGENCY"] in AS 12.36.090; 06  * Sec. 82. AS 44.41.065 is amended by adding a new subsection to read: 07 (e) A health care provider, law enforcement agency, or laboratory in 08 possession of a sexual assault examination kit shall enter information specified by the 09 Department of Public Safety into the sexual assault examination kit tracking system 10 under AS 44.41.067. The information must be entered at the time and in the form and 11 manner specified by the Department of Public Safety. 12  * Sec. 83. AS 44.41 is amended by adding a new section to read: 13 Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 14 Department of Public Safety shall develop and operate a sexual assault examination 15 kit tracking system to track the status and location of a sexual assault examination kit 16 from the point of evidence collection to serological or DNA testing. 17 (b) The sexual assault examination kit tracking system must allow the victim 18 from whom the sexual assault examination kit was collected to access the tracking 19 information associated with the kit and, if the victim chooses, receive automated 20 notifications of the status of the kit. 21 (c) The sexual assault examination kit tracking system is confidential and is 22 not a public record under AS 40.25.110 - 40.25.140, except that the Department of 23 Public Safety may include information from the tracking system in the report required 24 under AS 44.41.070. 25  * Sec. 84. AS 47.12.110(d) is amended to read: 26 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 27 the adjudication of a minor as a delinquent shall be open to the public, except as 28 prohibited or limited by order of the court, if 29 (1) the department files with the court a motion asking the court to 30 open the hearing to the public, and the petition seeking adjudication of the minor as a 31 delinquent is based on 01 (A) the minor's alleged commission of an offense, and the 02 minor has knowingly failed to comply with all the terms and conditions 03 required of the minor by the department or imposed on the minor in a court 04 order entered under AS 47.12.040(a)(2) or 47.12.120; 05 (B) the minor's alleged commission of 06 (i) a crime against a person that is punishable as a 07 felony; 08 (ii) a crime in which the minor employed a deadly 09 weapon, as that term is defined in AS 11.81.900(b), in committing the 10 crime; 11 (iii) arson under AS 11.46.400 - 11.46.410; 12 (iv) burglary under AS 11.46.300; 13 (v) distribution of child sexual abuse material under 14 AS 11.61.125; 15 (vi) sex trafficking in the first degree under 16 AS 11.66.110; 17 (vii) distribution of generated obscene child sexual  18 abuse material under AS 11.61.121; or 19 (viii) [OR (vii)] misconduct involving a controlled 20 substance under AS 11.71 involving the delivery of a controlled 21 substance or the possession of a controlled substance with intent to 22 deliver, other than an offense under AS 11.71.040 or 11.71.050; or 23 (C) the minor's alleged commission of a felony and the minor 24 was 16 years of age or older at the time of commission of the offense when the 25 minor has previously been convicted or adjudicated a delinquent minor based 26 on the minor's commission of an offense that is a felony; or 27 (2) the minor agrees to a public hearing on the petition seeking 28 adjudication of the minor as a delinquent. 29  * Sec. 85. AS 47.12.315(a) is amended to read: 30 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 31 section, the department shall disclose information to the public, on request, concerning 01 a minor subject to this chapter who was at least 13 years of age at the time of 02 commission of 03 (1) a felony offense against a person under AS 11.41; 04 (2) arson in the first or second degree; 05 (3) burglary in the first degree; 06 (4) distribution of child sexual abuse material; 07 (5) sex trafficking in the first degree; 08 (6) misconduct involving a controlled substance in the first, second, or 09 third degrees involving distribution or possession with intent to deliver; [OR] 10 (7) misconduct involving weapons in the first through fourth degrees;  11 or  12 (8) distribution of generated obscene child sexual abuse material  13 under AS 11.61.121. 14  * Sec. 86. AS 11.41.436(a)(6), 11.41.440(a)(2); AS 12.63.100(7)(C)(ii); and 15 AS 44.41.070(a) are repealed. 16  * Sec. 87. AS 12.62.160(f)(4) is repealed January 1, 2028. 17  * Sec. 88. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. (a) The following sections apply to offenses committed on or after 20 the effective date of this Act: 21 (1) AS 09.55.650(a), as amended by sec. 1 of this Act; 22 (2) AS 11.41.100(a), as amended by sec. 2 of this Act; 23 (3) AS 11.41.110(a), as amended by sec. 3 of this Act; 24 (4) AS 11.41.220(a), as amended by sec. 4 of this Act; 25 (5) AS 11.41.220(b), as amended by sec. 5 of this Act; 26 (6) AS 11.41.260(a), as amended by sec. 6 of this Act; 27 (7) AS 11.41.410(a), as amended by sec. 7 of this Act; 28 (8) AS 11.41.420(a), as amended by sec. 8 of this Act; 29 (9) AS 11.41.434(a), as amended by sec. 9 of this Act; 30 (10) AS 11.41.436(a), as amended by sec. 10 of this Act; 31 (11) AS 11.41.438(a), as amended by sec. 11 of this Act; 01 (12) AS 11.41.452(a), as amended by sec. 12 of this Act; 02 (13) AS 11.41.452(b), as amended by sec. 13 of this Act; 03 (14) AS 11.41.452(c), as amended by sec. 14 of this Act; 04 (15) AS 11.41.452(e), as amended by sec. 15 of this Act; 05 (16) AS 11.41.455(a), as amended by sec. 16 of this Act; 06 (17) AS 11.41.458(b), as amended by sec. 17 of this Act; 07 (18) AS 11.41.460(b), as amended by sec. 18 of this Act; 08 (19) AS 11.46.140(a), as amended by sec. 19 of this Act; 09 (20) AS 11.46.140(c), enacted by sec. 20 of this Act; 10 (21) AS 11.51.100(a), as amended by sec. 21 of this Act; 11 (22) AS 11.61.116(a), as amended by sec. 22 of this Act; 12 (23) AS 11.61.118(a), as amended by sec. 23 of this Act; 13 (24) AS 11.61.120(a), as amended by sec. 24 of this Act; 14 (25) AS 11.61.124(a), as amended by sec. 26 of this Act; 15 (26) AS 11.61.124(b), as amended by sec. 27 of this Act; 16 (27) AS 11.61.125(b), as amended by sec. 28 of this Act; 17 (28) AS 11.61.125(e), as amended by sec. 29 of this Act; 18 (29) AS 11.61.127(a), as amended by sec. 30 of this Act; 19 (30) AS 11.61.127(b), as amended by sec. 31 of this Act; 20 (31) AS 11.61.128(a), as amended by sec. 32 of this Act; 21 (32) AS 11.61.128(b), as amended by sec. 33 of this Act; 22 (33) AS 11.61.128(c), as amended by sec. 34 of this Act; 23 (34) AS 11.61.128(e), as amended by sec. 35 of this Act; 24 (35) AS 11.61.129(a), as amended by sec. 36 of this Act; 25 (36) AS 11.61.140(a), as amended by sec. 37 of this Act; 26 (37) AS 11.61.140(g), as amended by sec. 38 of this Act; 27 (38) AS 11.61.140(h), as amended by sec. 39 of this Act; 28 (39) AS 11.66.100(c), as amended by sec. 40 of this Act; 29 (40) AS 12.45.046(a), as amended by sec. 41 of this Act; 30 (41) AS 12.55.127(c), as amended by sec. 50 of this Act; 31 (42) AS 28.35.060(b), as amended by sec. 64 of this Act; 01 (43) AS 28.35.060(c), as amended by sec. 65 of this Act; 02 (44) AS 28.35.060(d), enacted by sec. 66 of this Act. 03 (b) The following sections apply to sentences imposed on or after the effective date of 04 those sections for conduct occurring on or after the effective date of those sections: 05 (1) AS 12.55.078(f), as amended by sec. 44 of this Act; 06 (2) AS 12.55.085(f), as amended by sec. 45 of this Act; 07 (3) AS 12.55.125(b), as amended by sec. 47 of this Act; 08 (4) AS 12.55.125(d), as amended by sec. 48 of this Act; 09 (5) AS 12.55.125(i), as amended by sec. 49 of this Act; 10 (6) AS 12.55.145(a), as amended by sec. 52 of this Act; 11 (7) AS 12.55.155(c), as amended by sec. 53 of this Act; 12 (8) AS 12.55.185(16), as amended by sec. 54 of this Act; 13 (9) AS 12.62.900(22), as amended by sec. 58 of this Act; 14 (10) AS 12.63.020(a), as amended by sec. 59 of this Act; 15 (11) AS 12.63.100(7), as amended by sec. 60 of this Act; 16 (12) AS 14.20.030(b), as amended by sec. 61 of this Act. 17 (c) AS 18.66.250(5), as amended by sec. 62 of this Act, applies to communications 18 made before, on, or after the effective date of sec. 62 of this Act for offenses committed 19 before, on, or after the effective date of sec. 62 of this Act. 20 (d) AS 33.16.100(g), as amended by sec. 72 of this Act, and AS 33.30.068, enacted 21 by sec. 73 of this Act, apply to prisoners incarcerated before, on, or after the effective date of 22 secs. 72 and 73 of this Act. 23  * Sec. 89. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION; APPOINTMENTS. (a) Notwithstanding AS 33.16.020(b), as 26 amended by sec. 69 of this Act, a member of the board on the effective date of this Act who 27 has previously served two or more terms or is currently serving a second term may finish the 28 term to which the member was appointed, but may not be reappointed. 29 (b) Notwithstanding AS 33.16.030(b), as repealed and reenacted by sec. 70 of this 30 Act, a member of the board on the effective date of this Act may continue to serve the term to 31 which the member was appointed. 01 (c) In this section, "board" means the board of parole. 02  * Sec. 90. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION: REGULATIONS. The Department of Administration may adopt 05 regulations necessary to implement AS 44.21.022, enacted by sec. 75 of this Act. The 06 regulations take effect under AS 44.62 (Administrative Procedure Act) but not before the 07 effective date of the law being implemented by the regulation. 08  * Sec. 91. Section 90 of this Act takes effect immediately under AS 01.10.070(c). 09  * Sec. 92. Sections 56, 57, and 68 - 71 of this Act take effect January 1, 2027. 10  * Sec. 93. Section 87 of this Act takes effect January 1, 2028. 11  * Sec. 94. Except as provided in secs. 91 - 93 of this Act, this Act takes effect July 1, 2026.