HCS CSSB 218(FIN): "An Act relating to sex offenders and child kidnappers; relating to periodic polygraph examinations for sex offenders released on probation or parole; relating to sexual abuse of a minor; relating to the definitions of 'aggravated sex offense' and 'child kidnapping'; relating to penalties for failure to report child abuse or neglect; relating to sentencing for sex offenders and habitual criminals; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 218(FIN) 01 "An Act relating to sex offenders and child kidnappers; relating to periodic polygraph 02 examinations for sex offenders released on probation or parole; relating to sexual abuse 03 of a minor; relating to the definitions of 'aggravated sex offense' and 'child kidnapping'; 04 relating to penalties for failure to report child abuse or neglect; relating to sentencing 05 for sex offenders and habitual criminals; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 11.41.436(a) is amended to read: 08 (a) An offender commits the crime of sexual abuse of a minor in the second 09 degree if, 10 (1) being 17 [16] years of age or older, the offender engages in sexual 11 penetration with a person who is 13, 14, or 15 years of age and at least four [THREE] 12 years younger than the offender, or aids, induces, causes, or encourages a person who 13 is 13, 14, or 15 years of age and at least four [THREE] years younger than the
01 offender to engage in sexual penetration with another person; 02 (2) being 16 years of age or older, the offender engages in sexual 03 contact with a person who is under 13 years of age or aids, induces, causes, or 04 encourages a person under 13 years of age to engage in sexual contact with another 05 person; 06 (3) being 18 years of age or older, the offender engages in sexual 07 contact with a person who is under 18 years of age, and the offender is the victim's 08 natural parent, stepparent, adopted parent, or legal guardian; 09 (4) being 16 years of age or older, the offender aids, induces, causes, 10 or encourages a person who is under 16 years of age to engage in conduct described in 11 AS 11.41.455(a)(2) - (6); [OR] 12 (5) being 18 years of age or older, the offender engages in sexual 13 contact with a person who is under 16 years of age, and 14 (A) the victim at the time of the offense is residing in the same 15 household as the offender and the offender has authority over the victim; or 16 (B) the offender occupies a position of authority in relation to 17 the victim; 18 (6) being 20 years of age or older, the offender engages in sexual 19 penetration with a person who is 16 or 17 years of age and at least four years 20 younger than the offender, and the offender occupies a position of authority in 21 relation to the victim; or 22 (7) being under 16 years of age, the offender engages in sexual 23 penetration with a person who is under 13 years of age and at least three years 24 younger than the offender. 25 * Sec. 2. AS 11.41.438(a) is amended to read: 26 (a) An offender commits the crime of sexual abuse of a minor in the third 27 degree if 28 [(1)] being 17 [16] years of age or older, the offender engages in 29 sexual contact with a person who is 13, 14, or 15 years of age and at least four 30 [THREE] years younger than the offender [; 31 (2) BEING 18 YEARS OF AGE OR OLDER, THE OFFENDER
01 ENGAGES IN SEXUAL PENETRATION WITH A PERSON WHO IS 16 OR 17 02 YEARS OF AGE AND AT LEAST THREE YEARS YOUNGER THAN THE 03 OFFENDER, AND THE OFFENDER OCCUPIES A POSITION OF AUTHORITY 04 IN RELATION TO THE VICTIM; OR 05 (3) BEING UNDER 16 YEARS OF AGE, THE OFFENDER 06 ENGAGES IN SEXUAL PENETRATION WITH A PERSON WHO IS UNDER 13 07 YEARS OF AGE AND AT LEAST THREE YEARS YOUNGER THAN THE 08 OFFENDER]. 09 * Sec. 3. AS 12.55.100 is amended by adding a new subsection to read: 10 (e) While on probation and as a condition of probation for a sex offense, the 11 defendant shall be required to submit to regular periodic polygraph examinations. In 12 this subsection, "sex offense" has the meaning given in AS 12.63.100. 13 * Sec. 4. AS 12.55.125(i) is amended to read: 14 (i) A defendant convicted of 15 (1) sexual assault in the first degree or sexual abuse of a minor in the 16 first degree may be sentenced to a definite term of imprisonment of not more than 99 17 years and shall be sentenced to a definite term within the following presumptive 18 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (A) if the offense is a first felony conviction, [AND] does not 20 involve circumstances described in (B) of this paragraph, and the victim was 21 (i) less than 13 years of age, 25 to 35 years; 22 (ii) 13 years of age or older, 20 to 30 [EIGHT TO 12] 23 years; 24 (B) if the offense is a first felony conviction and the defendant 25 possessed a firearm, used a dangerous instrument, or caused serious physical 26 injury during the commission of the offense, 25 to 35 [12 TO 16] years; 27 (C) if the offense is a second felony conviction and does not 28 involve circumstances described in (D) of this paragraph, 30 to 40 [15 TO 20] 29 years; 30 (D) if the offense is a second felony conviction and the 31 defendant has a prior conviction for a sexual felony, 35 to 45 [20 TO 30]
01 years; 02 (E) if the offense is a third felony conviction and the defendant 03 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 04 to 60 [25 TO 35] years; 05 (F) if the offense is a third felony conviction, the defendant is 06 not subject to sentencing under (l) of this section, and the defendant has two 07 prior convictions for sexual felonies, 99 [30 TO 40] years; 08 (2) attempt, conspiracy, or solicitation to commit sexual assault in the 09 first degree or sexual abuse of a minor in the first degree may be sentenced to a 10 definite term of imprisonment of not more than 99 [30] years and shall be sentenced to 11 a definite term within the following presumptive ranges, subject to adjustment as 12 provided in AS 12.55.155 - 12.55.175: 13 (A) if the offense is a first felony conviction, [AND] does not 14 involve circumstances described in (B) of this paragraph, and the victim was 15 (i) under 13 years of age, 20 to 30 years; 16 (ii) 13 years of age or older, 15 to 30 [FIVE TO 17 EIGHT] 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 [10 TO 14] 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 [12 TO 16] 23 years; 24 (D) if the offense is a second felony conviction and the 25 defendant has a prior conviction for a sexual felony, 30 to 40 [15 TO 20] 26 years; 27 (E) if the offense is a third felony conviction, does not involve 28 circumstances described in (F) of this paragraph, and the defendant is not 29 subject to sentencing under (l) of this section, 35 to 50 [15 TO 25] years; 30 (F) if the offense is a third felony conviction, the defendant is 31 not subject to sentencing under (l) of this section, and the defendant has two
01 prior convictions for sexual felonies, 99 [20 TO 30] years; 02 (3) sexual assault in the second degree, sexual abuse of a minor in the 03 second degree, unlawful exploitation of a minor, or distribution of child pornography 04 may be sentenced to a definite term of imprisonment of not more than 99 [20] years 05 and shall be sentenced to a definite term within the following presumptive ranges, 06 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 07 (A) if the offense is a first felony conviction, five to 15 [TWO 08 TO FOUR] years; 09 (B) if the offense is a second felony conviction and does not 10 involve circumstances described in (C) of this paragraph, 10 to 25 [FIVE TO 11 EIGHT] years; 12 (C) if the offense is a second felony conviction and the 13 defendant has a prior conviction for a sexual felony, 15 to 30 [10 TO 14] 14 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 [10 TO 14] 17 years; 18 (E) if the offense is a third felony conviction and the defendant 19 has two prior convictions for sexual felonies, 99 [15 TO 20] years; 20 (4) sexual assault in the third degree, incest, indecent exposure in the 21 first degree, possession of child pornography, or attempt, conspiracy, or solicitation to 22 commit sexual assault in the second degree, sexual abuse of a minor in the second 23 degree, unlawful exploitation of a minor, or distribution of child pornography, may be 24 sentenced to a definite term of imprisonment of not more than 99 [10] years and shall 25 be sentenced to a definite term within the following presumptive ranges, subject to 26 adjustment as provided in AS 12.55.155 - 12.55.175: 27 (A) if the offense is a first felony conviction, two to 12 [ONE 28 TO TWO] years; 29 (B) if the offense is a second felony conviction and does not 30 involve circumstances described in (C) of this paragraph, eight to 15 [TWO 31 TO FIVE] years;
01 (C) if the offense is a second felony conviction and the 02 defendant has a prior conviction for a sexual felony, 12 to 20 [THREE TO 03 SIX] years; 04 (D) if the offense is a third felony conviction and does not 05 involve circumstances described in (E) of this paragraph, 15 to 25 [THREE TO 06 SIX] years; 07 (E) if the offense is a third felony conviction and the defendant 08 has two prior convictions for sexual felonies, 99 [SIX TO 10] years. 09 * Sec. 5. AS 12.55.125(j) is amended to read: 10 (j) A defendant sentenced to a (1) mandatory term of imprisonment of 99 11 years under (a) of this section may apply once for a modification or reduction of 12 sentence under the Alaska Rules of Criminal Procedure after serving one-half of the 13 mandatory term without consideration of good time earned under AS 33.20.010, or (2) 14 definite term of imprisonment under (l) of this section may apply once for a 15 modification or reduction of sentence under the Alaska Rules of Criminal Procedure 16 after serving [THE GREATER OF (A)] one-half of the definite term [OR (B) 30 17 YEARS]. A defendant may not file and a court may not entertain more than one 18 motion for modification or reduction of a sentence subject to this subsection, 19 regardless of whether or not the court granted or denied a previous motion. 20 * Sec. 6. AS 12.55.125(l) is amended to read: 21 (l) Notwithstanding any other provision of law, a defendant convicted of an 22 unclassified or class A felony offense, and not subject to a mandatory 99-year 23 sentence under (a) of this section, shall be sentenced to a definite term of 24 imprisonment of [AT LEAST 40 YEARS BUT NOT MORE THAN] 99 years when 25 the defendant has been previously convicted of two or more most serious felonies 26 [AND THE PROSECUTING ATTORNEY HAS FILED A NOTICE OF INTENT TO 27 SEEK A DEFINITE SENTENCE UNDER THIS SUBSECTION AT THE TIME 28 THE DEFENDANT WAS ARRAIGNED IN SUPERIOR COURT]. If a defendant is 29 sentenced to a definite term under this subsection, 30 (1) imprisonment for the prescribed definite term may not be 31 suspended under AS 12.55.080;
01 (2) imposition of sentence may not be suspended under AS 12.55.085; 02 (3) imprisonment for the prescribed definite term may not be reduced, 03 except as provided in (j) of this section. 04 * Sec. 7. AS 12.55.125 is amended by adding a new subsection to read: 05 (o) Other than for convictions subject to a mandatory 99-year sentence, the 06 court shall impose, in addition to an active term of imprisonment imposed under (i) of 07 this section, a minimum period of (1) suspended imprisonment of five years and a 08 minimum period of probation supervision of 15 years for conviction of an unclassified 09 felony, (2) suspended imprisonment of three years and a minimum period of probation 10 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended 11 imprisonment of two years and a minimum period of probation supervision of five 12 years for conviction of a class C felony. The period of probation is in addition to any 13 sentence received under (i) of this section and may not be suspended or reduced. Upon 14 a defendant's release from confinement in a correctional facility, the defendant is 15 subject to this probation requirement and shall submit and comply with the terms and 16 requirements of the probation. 17 * Sec. 8. AS 12.63.100(1) is amended to read: 18 (1) "aggravated sex offense" means 19 (A) a crime under AS 11.41.100(a)(3), or a similar law of 20 another jurisdiction, in which the person committed or attempted to commit a 21 sexual offense, or a similar offense under the laws of the other jurisdiction; in 22 this subparagraph, "sexual offense" has the meaning given in 23 AS 11.41.100(a)(3); 24 (B) a crime under AS 11.41.110(a)(3), or a similar law of 25 another jurisdiction, in which the person committed or attempted to commit 26 one of the following crimes, or a similar law of another jurisdiction: 27 (i) sexual assault in the first degree; 28 (ii) sexual assault in the second degree; 29 (iii) sexual abuse of a minor in the first degree; or 30 (iv) sexual abuse of a minor in the second degree; or 31 (C) a crime, or an attempt, solicitation, or conspiracy to commit
01 a crime, under AS 11.41.410, 11.41.434, or a similar law of another 02 jurisdiction or a similar provision under a former law of this state; 03 * Sec. 9. AS 12.63.100(2) is amended to read: 04 (2) "child kidnapping" means 05 (A) a crime under AS 11.41.100(a)(3), or a similar law of 06 another jurisdiction, in which the person committed or attempted to commit 07 kidnapping; 08 (B) a crime under AS 11.41.110(a)(3), or a similar law of 09 another jurisdiction, in which the person committed or attempted to commit 10 kidnapping if the victim was under 18 years of age at the time of the offense; 11 or 12 (C) a crime, or an attempt, solicitation, or conspiracy to commit 13 a crime, under AS 11.41.300, or a similar law of another jurisdiction or a 14 similar provision under a former law of this state, if the victim was under 15 18 years of age at the time of the offense; 16 * Sec. 10. AS 33.16.150(a) is amended to read: 17 (a) As a condition of parole, a prisoner released on special medical, 18 discretionary, or mandatory parole 19 (1) shall obey all state, federal, or local laws or ordinances, and any 20 court orders applicable to the parolee; 21 (2) shall make diligent efforts to maintain steady employment or meet 22 family obligations; 23 (3) shall, if involved in education, counseling, training, or treatment, 24 continue in the program unless granted permission from the parole officer assigned to 25 the parolee to discontinue the program; 26 (4) shall report 27 (A) upon release to the parole officer assigned to the parolee; 28 (B) at other times, and in the manner, prescribed by the board 29 or the parole officer assigned to the parolee; 30 (5) shall reside at a stated place and not change that residence without 31 notifying, and receiving permission from, the parole officer assigned to the parolee;
01 (6) shall remain within stated geographic limits unless written 02 permission to depart from the stated limits is granted the parolee; 03 (7) may not use, possess, handle, purchase, give, distribute, or 04 administer a controlled substance as defined in AS 11.71.900 or under federal law or a 05 drug for which a prescription is required under state or federal law without a 06 prescription from a licensed medical professional to the parolee; 07 (8) may not possess or control a firearm; in this paragraph, "firearm" 08 has the meaning given in AS 11.81.900; 09 (9) may not enter into an agreement or other arrangement with a law 10 enforcement agency or officer that will place the parolee in the position of violating a 11 law or parole condition without the prior approval of the board; 12 (10) may not contact or correspond with anyone confined in a 13 correctional facility of any type serving any term of imprisonment or a felon without 14 the permission of the parole officer assigned to a parolee; 15 (11) shall agree to waive extradition from any state or territory of the 16 United States and to not contest efforts to return the parolee to the state; 17 (12) shall provide a blood sample, an oral sample, or both, when 18 requested by a health care professional acting on behalf of the state to provide the 19 sample or samples, or an oral sample when requested by a juvenile or adult 20 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 21 released after a conviction of an offense requiring the state to collect the sample or 22 samples for the deoxyribonucleic acid identification system under AS 44.41.035; 23 (13) from a conviction for a sex offense shall submit to regular 24 periodic polygraph examinations; in this paragraph, "sex offense" has the 25 meaning given in AS 12.63.100. 26 * Sec. 11. AS 47.17.068 is amended to read: 27 Sec. 47.17.068. Penalty for failure to report. A person who fails to comply 28 with the provisions of AS 47.17.020 or 47.17.023 and who knew or should have 29 known that the circumstances gave rise to the need for a report, is guilty of a class A 30 [CLASS B] misdemeanor. 31 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 DIRECTION TO DEPARTMENT OF PUBLIC SAFETY CONCERNING 03 CENTRAL REGISTRY OF SEX OFFENDERS AND CHILD KIDNAPPERS. The 04 Department of Public Safety shall provide on the Internet website that the department 05 maintains for the central registry of sex offenders and child kidnappers information as to how 06 members of the public using the website may access or compile the information relating to 07 sex offenders or child kidnappers for a particular geographic area on a map. The information 08 may direct members to mapping programs available on the Internet and to Internet websites 09 where information contained in the registry has already been converted to a map or 10 geographic format. 11 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. Sections 1, 2, 4 - 7, and 11 of this Act apply to offenses committed 14 on or after the effective date of this section. References to prior offenses or convictions in 15 secs. 4 and 6 of this Act include offenses committed before, on, or after the effective date of 16 this section. Sections 3 and 10 of this Act apply to persons on probation or parole for offenses 17 committed before, on, or after the effective date of secs. 3 and 10 of this Act. 18 * Sec. 14. Sections 3 and 10 of this Act take effect July 1, 2007. 19 * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect immediately under 20 AS 01.10.070(c).