SB 295: "An Act relating to children and crimes involving children."
00SENATE BILL NO. 295 01 "An Act relating to children and crimes involving children." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41 is amended by adding a new section to read: 04 Sec. 11.41.310. Luring or enticing child. (a) A person commits the crime 05 of luring or enticing a child if the person lures or entices a child under 12 years of age 06 into a building, dwelling, or vehicle for an unlawful purpose. 07 (b) For purposes of this section, the luring or enticing of a child under 12 08 years of age into a building, dwelling, or vehicle without the consent of a parent or 09 legal guardian of the child is prima facie evidence of an unlawful purpose. 10 (c) It is an affirmative defense to a prosecution under this section that the 11 person 12 (1) reasonably believed that the person's action in luring or enticing the 13 child was necessary to prevent the child from being seriously injured; 14 (2) lured or enticed the child for a lawful purpose; or
01 (3) acted reasonably under the circumstances, and the person did not 02 have an intent to harm the health, safety, or welfare of the child. 03 (d) In this section, "vehicle" has the meaning given in AS 28.40.100. 04 (e) Luring or enticing a child is a class B felony. 05 * Sec. 2. AS 47.17 is amended by adding a new section to read: 06 Sec. 47.17.033. Dual investigations. (a) Notwithstanding AS 47.17.030, 07 when requested by the Alaska state troopers or a municipal police department, the 08 department shall enter into an agreement with the Alaska state troopers or with a 09 municipal police department to allow that law enforcement agency to assume the lead 10 role in conducting a potential criminal investigation within the jurisdiction of the law 11 enforcement agency as well as partial or full responsibility for conducting the portions 12 of child protective investigations under this chapter and AS 47.10 that relate to cases 13 involving criminal investigations within the jurisdiction of the law enforcement agency. 14 The written agreement must specify how the requirements of AS 47.17 will be met. 15 For the purposes of the agreement and investigations conducted under the agreement, 16 the law enforcement agency may share all criminal justice information concerning the 17 investigation with the department. 18 (b) An agreement entered under (a) of this section must include 19 (1) an assurance by the law enforcement agency that the agency will 20 comply with all the requirements of this chapter and AS 47.10; 21 (2) a description of a protocol to be followed between the department 22 and the law enforcement agency that addresses the following: 23 (A) response to reports of abuse and neglect; 24 (B) investigations; 25 (C) assessments of risk; 26 (D) evidence gathering; 27 (E) classification of reports; 28 (F) appeals of classifications; 29 (G) communication and involvement with the Department of 30 Law; 31 (H) confidentiality of reports and access to information;
01 (I) use of the department; and 02 (J) storage and maintenance of records and other information; 03 (3) a description of the transition of responsibility to ensure the 04 integrity and continuity of child protection investigations; and 05 (4) a description of necessary changes to department rules. 06 (c) The agreement must provide that 07 (1) all reports of neglect or abuse shall continue to be reported to the 08 department as required under this chapter; 09 (2) upon receiving a report of neglect or abuse, the department shall 10 initially investigate that report as provided in this chapter; 11 (3) the department shall notify the Department of Law of any report 12 that, or upon discovery during the course of providing services to a child that, a child 13 died as a result of abuse or neglect or that a child was the victim of a crime against 14 a person under AS 11.41. 15 (d) The department shall provide training concerning the agency's duties under 16 this chapter and AS 47.10 regarding child protection investigations to each law 17 enforcement agency that has entered into an agreement with the department under (a) 18 of this section. 19 (e) The department shall either approve or disapprove a proposed agreement 20 under this section within 60 days after the department receives the proposed 21 agreement. During the 60-day period, the department may negotiate changes to the 22 agreement.