SB 323: "An Act relating to sexual offenses, to those who commit sexual offenses, and to registration of sex offenders; amending Rule 6(r)(2), Alaska Rules of Criminal Procedure; and providing for an effective date."
00SENATE BILL NO. 323 01 "An Act relating to sexual offenses, to those who commit sexual offenses, and to 02 registration of sex offenders; amending Rule 6(r)(2), Alaska Rules of Criminal 03 Procedure; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.10.060(c) is amended to read: 06 (c) A person who was the victim of sexual abuse may not maintain an action 07 for recovery of damages against the perpetrator of the act or acts of sexual abuse based 08 on the perpetrator's intentional conduct for an injury or condition suffered as a result 09 of the sexual abuse unless the action is commenced within three years. In this 10 subsection, "sexual abuse" means an act committed by the defendant against the 11 plaintiff maintaining the cause of action if the defendant's conduct would have violated 12 a provision of AS 11.41.410 - 11.41.440 or 11.41.450 - 11.41.458 [11.41.450 - 13 11.41.455] at the time it was committed. 14 * Sec. 2. AS 09.55.650(c) is amended to read:
01 (c) In this section , "sexual abuse" means an act committed by the defendant 02 against the plaintiff maintaining the cause of action if the defendant's conduct would 03 have violated a provision of AS 11.41.410 - 11.41.440 or 11.41.450 - 11.41.458 04 [11.41.450 - 11.41.455], former AS 11.15.120, 11.15.134, or 11.15.160, or former 05 AS 11.40.110 at the time it was committed. 06 * Sec. 3. AS 11.41 is amended by adding a new section to read: 07 Sec. 11.41.458. Indecent exposure in the first degree. (a) An offender 08 commits the crime of indecent exposure in the first degree if 09 (1) the offender violates AS 11.41.460(a); 10 (2) while committing the act constituting the offense, the offender 11 knowingly masturbates; and 12 (3) the offense occurs within the observation of a person under 16 years 13 of age. 14 (b) Indecent exposure in the first degree is a class B felony. 15 * Sec. 4. AS 11.41.460 is amended to read: 16 Sec. 11.41.460. Indecent exposure in the second degree . (a) An offender 17 commits the crime of indecent exposure in the second degree if the offender 18 knowingly [INTENTIONALLY] exposes the offender's genitals to another person with 19 reckless disregard for the offensive, insulting, or frightening effect the act may have 20 on that person. 21 (b) Indecent exposure in the second degree before a person under 16 years 22 of age is a class C felony. Indecent exposure in the second degree before a person 23 16 years of age or older is a class A misdemeanor. 24 * Sec. 5. AS 11.61.125(c) is amended to read: 25 (c) Distribution of child pornography is a class B [CLASS C] felony. 26 * Sec. 6. AS 11.61.127(c) is amended to read: 27 (c) Possession of child pornography is a class B felony [CLASS A 28 MISDEMEANOR]. 29 * Sec. 7. AS 12.10.020(c) is amended to read: 30 (c) Even if the general time limitation has expired, a prosecution under 31 AS 11.41.410 - 11.41.458 [AS 11.41.410 - 11.41.455], AS 11.66.110 - 11.66.130, or
01 former AS 11.41.430, for an offense committed against a person under the age of 18, 02 may be commenced at any time. 03 * Sec. 8. AS 12.25.030(b) is amended to read: 04 (b) In addition to the authority granted by (a) of this section, a peace officer 05 (1) shall make an arrest under the circumstances described in 06 AS 18.65.530; 07 (2) without a warrant may arrest a person if the officer has probable 08 cause to believe the person has, either in or outside the presence of the officer , 09 (A) committed a crime involving domestic violence, whether the 10 crime is a felony or a misdemeanor; in this subparagraph, "crime involving 11 domestic violence" has the meaning given in AS 18.66.990; 12 (B) committed the crime of violating a protective order in 13 violation of AS 11.56.740; or 14 (C) violated a condition of release imposed under AS 12.30.025 15 or 12.30.027; 16 (3) without a warrant may arrest a person when the peace officer has 17 reasonable cause for believing that the person has 18 (A) committed a crime under or violated conditions imposed as 19 part of the person's release before trial on misdemeanor charges brought under 20 AS 11.41.270; 21 (B) violated AS 04.16.050 or an ordinance with similar 22 elements; however, unless there is a lawful reason for further detention, a 23 person who is under the age of 18 and who has been arrested for violating 24 AS 04.16.050 or an ordinance with similar elements shall be cited for the 25 offense and released to the person's parent, guardian, or legal custodian; or 26 (C) violated conditions imposed as part of the person's release 27 before trial on felony charges brought under AS 11.41.410 - 11.41.458 28 [AS 11.41.410 - 11.41.455]. 29 * Sec. 9. AS 12.40.110(a) is amended to read: 30 (a) In a prosecution for an offense under AS 11.41.410 - 11.41.458 31 [AS 11.41.410 - 11.41.440 OR 11.41.455], hearsay evidence of a statement related to
01 the offense, not otherwise admissible, made by a child who is the victim of the offense 02 may be admitted into evidence before the grand jury if 03 (1) the circumstances of the statement indicate its reliability; 04 (2) the child is under 10 years of age when the hearsay evidence is 05 sought to be admitted; 06 (3) additional evidence is introduced to corroborate the statement; and 07 (4) the child testifies at the grand jury proceeding or the child will be 08 available to testify at trial. 09 * Sec. 10. AS 12.55.025(h) is amended to read: 10 (h) If the defendant has been convicted of two or more crimes under 11 AS 11.41.200 - 11.41.250 or 11.41.410 - 11.41.458 [11.41.410 - 11.41.455] in which 12 the victim or victims of the crimes were minors and the judgment on any of the 13 convictions has not been entered, the court shall impose some consecutive period of 14 imprisonment for each conviction. 15 * Sec. 11. AS 12.55.155(c)(18) is amended to read: 16 (18) the offense was a felony 17 (A) specified in AS 11.41 and was committed against a spouse, 18 a former spouse, or a member of the social unit comprised of those living 19 together in the same dwelling as the defendant; or 20 (B) specified in AS 11.41.410 - 11.41.458 [AS 11.41.410 - 21 11.41.455] and the defendant has engaged in the same or other conduct 22 prohibited by a provision of AS 11.41.410 - 11.41.460 involving the same or 23 another victim; 24 * Sec. 12. AS 12.63.100(3) is amended to read: 25 (3) "sex offense" means a crime, or an attempt to commit a crime, 26 under AS 11.41.410 - 11.41.438, 11.41.450 - 11.41.460, [11.41.450, 11.41.455,] 27 AS 11.61.125, 11.61.127, AS 11.66.110, former AS 11.15.120 or 11.15.134, or former 28 AS 11.40.110 or 11.40.200, or a similar law in another jurisdiction; 29 * Sec. 13. AS 14.20.020(f) is amended to read: 30 (f) Except as otherwise provided in this subsection, the department may not 31 issue a teacher certificate to a person who has been convicted of a crime involving a
01 minor under AS 11.41.410 - 11.41.460 [AS 11.41.434 - 11.41.440, 11.41.455, OR 02 11.41.460], or under a law in another jurisdiction with elements substantially similar 03 to an offense described in AS 11.41.410 - 11.41.460 [AS 11.41.434 - 11.41.440, 04 11.41.455, OR 11.41.460]. When five years have elapsed after a person has received 05 an unconditional discharge for a conviction of a crime listed in this subsection, the 06 person may petition the department to issue the certificate in spite of the conviction 07 if the person otherwise satisfies the requirements for the certificate. When deciding 08 whether to grant or deny the petition, the department shall consider the nature of the 09 particular crime, whether and to what extent the person has been rehabilitated, and the 10 other factors that the department determines are significant. 11 * Sec. 14. AS 14.20.030(b) is amended to read: 12 (b) The commissioner or the Professional Teaching Practices Commission shall 13 revoke for life the certificate of a person who has been convicted of a crime involving 14 a minor under AS 11.41.410 - 11.41.460 [AS 11.41.434 - 11.41.440, 11.41.455, OR 15 11.41.460], or under a law in another jurisdiction with elements substantially similar 16 to an offense described in AS 11.41.410 - 11.41.460 [AS 11.41.434 - 11.41.440, 17 11.41.455, OR 11.41.460]. When five years have elapsed after the person has received 18 an unconditional discharge for the conviction, the person may petition the commission 19 for recertification. When deciding whether to grant or deny the petition, the 20 commission shall consider the nature of the particular crime, whether and to what 21 extent the person has been rehabilitated, and the other factors that the commission 22 determines are significant. 23 * Sec. 15. AS 28.15.046(c) is amended to read: 24 (c) The department may not issue a license under this section to an applicant 25 who has been convicted of any of the following offenses within 20 years of the time 26 of application: 27 (1) sexual abuse of a minor in any degree under AS 11.41.434 - 28 11.41.440; 29 (2) sexual assault in any degree under AS 11.41.410 - 11.41.425 30 [AS 11.41.410 OR 11.41.420]; 31 (3) incest under AS 11.41.450;
01 (4) unlawful exploitation of a minor under AS 11.41.455; 02 (5) contributing to the delinquency of a minor under AS 11.51.130; 03 (6) a felony involving possession of a controlled or imitation controlled 04 substance under AS 11.71 or AS 11.73; 05 (7) a felony or misdemeanor involving distribution of a controlled or 06 imitation controlled substance under AS 11.71 or AS 11.73; 07 (8) promoting prostitution in the first or second degree under 08 AS 11.66.110 or 11.66.120 ; 09 (9) indecent exposure in the first or second degree under 10 AS 11.41.458 or AS 11.41.460 . 11 * Sec. 16. AS 47.17.020(e) is amended to read: 12 (e) The department shall immediately notify the nearest law enforcement 13 agency if the department 14 (1) concludes that the harm was caused by a person who is not 15 responsible for the child's welfare; 16 (2) is unable to determine 17 (A) who caused the harm to the child; or 18 (B) whether the person who is believed to have caused the harm 19 has responsibility for the child's welfare; or 20 (3) concludes that the report involves 21 (A) possible criminal conduct under AS 11.41.410 - 11.41.458 22 [AS 11.41.410 - 11.41.455]; or 23 (B) abuse or neglect that results in the need for medical 24 treatment of the child 25 * Sec. 17. Rule 6(r)(2), Alaska Rules of Criminal Procedure, is amended to read: 26 (2) In a prosecution for an offense under AS 11.41.410 - 11.41.458 27 [AS 11.41.410 - 11.41.440 OR 11.41.455], hearsay evidence of a statement related to 28 the offense, not otherwise admissible, made by a child who is the victim of the offense 29 may be admitted into evidence before the grand jury if 30 (i) the circumstances of the statement indicate its reliability; 31 (ii) the child is under 10 years of age when the hearsay
01 evidence is sought to be admitted; 02 (iii) additional evidence is introduced to corroborate the 03 statement; and 04 (iv) the child testifies at the grand jury proceeding or the child 05 will be available to testify at trial. 06 * Sec. 18. APPLICABILITY OF SECTION 12. (a) A sex offender with only one 07 conviction for a sex offense that is a violation of AS 11.41.460 or AS 11.61.127 who has been 08 unconditionally discharged from that sex offense before July 1, 1984, is not required to 09 register under or otherwise comply with AS 12.63. A sex offender who has been 10 unconditionally discharged from a sex offense that is a violation of AS 11.41.460 or 11 AS 11.61.127 on or after July 1, 1984, but before the effective date of this Act, shall register 12 under and otherwise comply with AS 12.63 by July 1, 1998. A sex offender with two or more 13 convictions for a sex offense before the effective date of this Act, regardless of whether the 14 sex offender was unconditionally released from the sex offense before, on, or after July 1, 15 1984, who was not required to register under sec. 12, ch. 41, SLA 1994, shall register under 16 and otherwise comply with AS 12.63 by July 1, 1998. 17 (b) A conviction for a sex offense before the effective date of this Act is a sex offense 18 for purpose of the duration of registration requirement of AS 12.63.020(a). 19 (c) In this section, "sex offender" and "sex offense" have the meanings given by 20 AS 12.63.100, as amended by sec. 12 of this Act. 21 * Sec. 19. APPLICABILITY OF SECTIONS 3 - 6. Sections 3 - 6 of this Act apply to 22 offenses committed on or after the effective date of this Act. 23 * Sec. 20. This Act takes effect immediately under AS 01.10.070(c).