HCS CSSB 323(FIN): "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."
00HOUSE CS FOR CS FOR SENATE BILL NO. 323(FIN) 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 C 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 in the presence of 19 [TO] another person with reckless disregard for the offensive, insulting, or frightening 20 effect the act may have [ON THAT PERSON]. 21 (b) Indecent exposure in the second degree before a person under 16 years 22 of age is a class A misdemeanor. Indecent exposure in the second degree before a 23 person 16 years of age or older is a class B 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 11.61.125 is amended by adding a new subsection to read: 27 (e) The possession of 100 or more films, audio, video, electronic, or 28 electromagnetic recordings, photographs, negatives, slides, books, newspapers, 29 magazines, or other materials, including a combination of these items totaling 100 or 30 more, is prima facie evidence of distribution and intent to distribute under (a) of this 31 section.
01 * Sec. 7. AS 11.61.127(a) is amended to read: 02 (a) A person commits the crime of possession of child pornography if the 03 person knowingly possesses any material that visually or aurally depicts conduct 04 described in AS 11.41.455(a) knowing that the production of the material involved the 05 use of a child under 18 years of age who engaged in the conduct. 06 * Sec. 8. AS 11.61.127(c) is amended to read: 07 (c) Possession of child pornography is a class C felony [CLASS A 08 MISDEMEANOR]. 09 * Sec. 9. AS 11.61.127 is amended by adding a new subsection to read: 10 (d) Each film, audio, video, electronic, or electromagnetic recording, 11 photograph, negative, slide, book, newspaper, magazine, or other material that visually 12 or aurally depicts conduct described in AS 11.41.455(a) that is possessed by a person 13 knowing that the production of the material involved the use of a child under 18 years 14 of age that engaged in the conduct is a separate violation of this section. 15 * Sec. 10. AS 12.10.020(c) is amended to read: 16 (c) Even if the general time limitation has expired, a prosecution under 17 AS 11.41.410 - 11.41.458 [AS 11.41.410 - 11.41.455], AS 11.66.110 - 11.66.130, or 18 former AS 11.41.430, for an offense committed against a person under the age of 18, 19 may be commenced at any time. 20 * Sec. 11. AS 12.25.030(b) is amended to read: 21 (b) In addition to the authority granted by (a) of this section, a peace officer 22 (1) shall make an arrest under the circumstances described in 23 AS 18.65.530; 24 (2) without a warrant may arrest a person if the officer has probable 25 cause to believe the person has, either in or outside the presence of the officer , 26 (A) committed a crime involving domestic violence, whether the 27 crime is a felony or a misdemeanor; in this subparagraph, "crime involving 28 domestic violence" has the meaning given in AS 18.66.990; 29 (B) committed the crime of violating a protective order in 30 violation of AS 11.56.740; or 31 (C) violated a condition of release imposed under AS 12.30.025
01 or 12.30.027; 02 (3) without a warrant may arrest a person when the peace officer has 03 reasonable cause for believing that the person has 04 (A) committed a crime under or violated conditions imposed as 05 part of the person's release before trial on misdemeanor charges brought under 06 AS 11.41.270; 07 (B) violated AS 04.16.050 or an ordinance with similar 08 elements; however, unless there is a lawful reason for further detention, a 09 person who is under the age of 18 and who has been arrested for violating 10 AS 04.16.050 or an ordinance with similar elements shall be cited for the 11 offense and released to the person's parent, guardian, or legal custodian; or 12 (C) violated conditions imposed as part of the person's release 13 before trial on felony charges brought under AS 11.41.410 - 11.41.458 14 [AS 11.41.410 - 11.41.455]. 15 * Sec. 12. AS 12.40.110(a) is amended to read: 16 (a) In a prosecution for an offense under AS 11.41.410 - 11.41.458 17 [AS 11.41.410 - 11.41.440 OR 11.41.455], hearsay evidence of a statement related to 18 the offense, not otherwise admissible, made by a child who is the victim of the offense 19 may be admitted into evidence before the grand jury if 20 (1) the circumstances of the statement indicate its reliability; 21 (2) the child is under 10 years of age when the hearsay evidence is 22 sought to be admitted; 23 (3) additional evidence is introduced to corroborate the statement; and 24 (4) the child testifies at the grand jury proceeding or the child will be 25 available to testify at trial. 26 * Sec. 13. AS 12.55.025(h) is amended to read: 27 (h) If the defendant has been convicted of two or more crimes under 28 AS 11.41.200 - 11.41.250 or 11.41.410 - 11.41.458 [11.41.410 - 11.41.455] in which 29 the victim or victims of the crimes were minors and the judgment on any of the 30 convictions has not been entered, the court shall impose some consecutive period of 31 imprisonment for each conviction.
01 * Sec. 14. AS 12.55.155(c)(18) is amended to read: 02 (18) the offense was a felony 03 (A) specified in AS 11.41 and was committed against a spouse, 04 a former spouse, or a member of the social unit comprised of those living 05 together in the same dwelling as the defendant; or 06 (B) specified in AS 11.41.410 - 11.41.458 [AS 11.41.410 - 07 11.41.455] and the defendant has engaged in the same or other conduct 08 prohibited by a provision of AS 11.41.410 - 11.41.460 involving the same or 09 another victim; 10 * Sec. 15. AS 12.63.020(a) is amended to read: 11 (a) The duty of a sex offender to comply with the requirements of 12 AS 12.63.010 for each sex offense 13 (1) continues for the lifetime of a sex offender convicted of two or 14 more sex offenses ; for purposes of this section, a person convicted of indecent 15 exposure before a person under 16 years of age under AS 11.41.460 more than 16 two times has been convicted of two or more sex offenses ; 17 (2) ends 15 years following the sex offender's unconditional discharge 18 from a conviction for a single sex offense. 19 * Sec. 16. AS 12.63.100(3) is amended to read: 20 (3) "sex offense" means a crime, or an attempt to commit a crime, 21 under AS 11.41.410 - 11.41.438, 11.41.450 - 11.41.458, 11.41.460 if the indecent 22 exposure is before a person under 16 years of age if the offender has a previous 23 conviction for that offense [11.41.450, 11.41.455], AS 11.61.125, 11.61.127, 24 AS 11.66.110, former AS 11.15.120 or 11.15.134, or former AS 11.40.110 or 25 11.40.200, or a similar law in another jurisdiction; 26 * Sec. 17. AS 14.20.020(f) is amended to read: 27 (f) The [EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, 28 THE] department may not issue a teacher certificate to a person who has been 29 convicted of a crime , or an attempt, solicitation, or conspiracy to commit a crime, 30 involving a minor under AS 11.41.410 - 11.41.460 [AS 11.41.434 - 11.41.440, 31 11.41.455, OR 11.41.460,] or [UNDER] a law or ordinance in another jurisdiction
01 with elements [SUBSTANTIALLY] similar to an offense described in this subsection 02 [AS 11.41.434 - 11.41.440, 11.41.455, OR 11.41.460. WHEN FIVE YEARS HAVE 03 ELAPSED AFTER A PERSON HAS RECEIVED AN UNCONDITIONAL 04 DISCHARGE FOR A CONVICTION OF A CRIME LISTED IN THIS 05 SUBSECTION, THE PERSON MAY PETITION THE DEPARTMENT TO ISSUE 06 THE CERTIFICATE IN SPITE OF THE CONVICTION IF THE PERSON 07 OTHERWISE SATISFIES THE REQUIREMENTS FOR THE CERTIFICATE. 08 WHEN DECIDING WHETHER TO GRANT OR DENY THE PETITION, THE 09 DEPARTMENT SHALL CONSIDER THE NATURE OF THE PARTICULAR 10 CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS BEEN 11 REHABILITATED, AND THE OTHER FACTORS THAT THE DEPARTMENT 12 DETERMINES ARE SIGNIFICANT]. 13 * Sec. 18. AS 14.20.030(b) is amended to read: 14 (b) The commissioner or the Professional Teaching Practices Commission shall 15 revoke for life the certificate of a person who has been convicted of a crime , or an 16 attempt, solicitation, or conspiracy to commit a crime, involving a minor under 17 AS 11.41.410 - 11.41.460 [AS 11.41.434 - 11.41.440, 11.41.455, OR 11.41.460,] or 18 [UNDER] a law or ordinance in another jurisdiction with elements 19 [SUBSTANTIALLY] similar to an offense described in this subsection [AS 11.41.434 20 - 11.41.440, 11.41.455, OR 11.41.460. WHEN FIVE YEARS HAVE ELAPSED 21 AFTER THE PERSON HAS RECEIVED AN UNCONDITIONAL DISCHARGE FOR 22 THE CONVICTION, THE PERSON MAY PETITION THE COMMISSION FOR 23 RECERTIFICATION. WHEN DECIDING WHETHER TO GRANT OR DENY THE 24 PETITION, THE COMMISSION SHALL CONSIDER THE NATURE OF THE 25 PARTICULAR CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS 26 BEEN REHABILITATED, AND THE OTHER FACTORS THAT THE 27 COMMISSION DETERMINES ARE SIGNIFICANT]. 28 * Sec. 19. AS 28.15.046(c) is amended to read: 29 (c) The department may not issue a license under this section to an applicant 30 who has been convicted of any of the following offenses within 20 years of the time 31 of application:
01 (1) sexual abuse of a minor in any degree under AS 11.41.434 - 02 11.41.440; 03 (2) sexual assault in any degree under AS 11.41.410 - 11.41.425 04 [AS 11.41.410 OR 11.41.420]; 05 (3) incest under AS 11.41.450; 06 (4) unlawful exploitation of a minor under AS 11.41.455; 07 (5) contributing to the delinquency of a minor under AS 11.51.130; 08 (6) a felony involving possession of a controlled or imitation controlled 09 substance under AS 11.71 or AS 11.73; 10 (7) a felony or misdemeanor involving distribution of a controlled or 11 imitation controlled substance under AS 11.71 or AS 11.73; 12 (8) promoting prostitution in the first or second degree under 13 AS 11.66.110 or 11.66.120 ; 14 (9) indecent exposure in the first or second degree under 15 AS 11.41.458 or 11.41.460 . 16 * Sec. 20. AS 47.17.020(e) is amended to read: 17 (e) The department shall immediately notify the nearest law enforcement 18 agency if the department 19 (1) concludes that the harm was caused by a person who is not 20 responsible for the child's welfare; 21 (2) is unable to determine 22 (A) who caused the harm to the child; or 23 (B) whether the person who is believed to have caused the harm 24 has responsibility for the child's welfare; or 25 (3) concludes that the report involves 26 (A) possible criminal conduct under AS 11.41.410 - 11.41.458 27 [AS 11.41.410 - 11.41.455]; or 28 (B) abuse or neglect that results in the need for medical 29 treatment of the child 30 * Sec. 21. Rule 6(r)(2), Alaska Rules of Criminal Procedure, is amended to read: 31 (2) In a prosecution for an offense under AS 11.41.410 - 11.41.458
01 [AS 11.41.410 - 11.41.440 OR 11.41.455], hearsay evidence of a statement related to 02 the offense, not otherwise admissible, made by a child who is the victim of the offense 03 may be admitted into evidence before the grand jury if 04 (i) the circumstances of the statement indicate its reliability; 05 (ii) the child is under 10 years of age when the hearsay 06 evidence is sought to be admitted; 07 (iii) additional evidence is introduced to corroborate the 08 statement; and 09 (iv) the child testifies at the grand jury proceeding or the child 10 will be available to testify at trial. 11 * Sec. 22. APPLICABILITY OF SECTIONS 15 AND 16. (a) Except as otherwise 12 provided in this subsection, a sex offender with only one conviction for a sex offense that is 13 a violation of AS 11.41.460 or AS 11.61.127 who has been unconditionally discharged from 14 that sex offense before July 1, 1984, is not required to register under or otherwise comply with 15 AS 12.63. A sex offender who has been unconditionally discharged from a sex offense that 16 is a violation of AS 11.41.460 or AS 11.61.127 on or after July 1, 1984, but before the 17 effective date of this Act, shall register under and otherwise comply with AS 12.63 by July 1, 18 1998. A sex offender with two or more convictions for a sex offense or more than two 19 convictions of AS 11.41.460 before a person under 16 years of age before the effective date 20 of this Act, regardless of whether the sex offender was unconditionally released from the sex 21 offenses before, on, or after July 1, 1984, who was not required to register under sec. 12, ch. 22 41, SLA 1994, shall register under and otherwise comply with AS 12.63 by July 1, 1998. 23 (b) A conviction for a sex offense before the effective date of this Act is a sex offense 24 for purpose of the duration of registration requirement of AS 12.63.020(a). 25 (c) In this section, "sex offender" and "sex offense" have the meanings given by 26 AS 12.63.100, as amended by sec. 16 of this Act. 27 * Sec. 23. APPLICABILITY OF SECTIONS 3 - 9. Sections 3 - 9 of this Act apply to 28 offenses committed on or after the effective date of this Act. 29 * Sec. 24. This Act takes effect immediately under AS 01.10.070(c).