CSHB 278(JUD): "An Act relating to sex offenders and child kidnappers; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 278(JUD) 01 "An Act relating to sex offenders and child kidnappers; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.56.840(a) is repealed and reenacted to read: 05 (a) A person commits the crime of failure to register as a sex offender or child 06 kidnapper in the second degree if the person fails, as required by AS 12.63.010, to 07 (1) register; 08 (2) file written notice of 09 (A) change of residence; 10 (B) change of mailing address; or 11 (C) establishment of an online identifier or any change to an 12 online identifier; in this subparagraph, "online identifier" has the meaning 13 given in AS 12.63.010; 14 (3) file the annual or quarterly written verification; or
01 (4) supply accurate and complete information required to be submitted 02 under (1) - (3) of this subsection. 03 * Sec. 2. AS 12.63.010(b) is amended to read: 04 (b) A sex offender or child kidnapper required to register under (a) of this 05 section shall register with the Department of Corrections if the sex offender or child 06 kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 07 police department located nearest to where the sex offender or child kidnapper resides 08 at the time of registration. To fulfill the registration requirement, the sex offender or 09 child kidnapper shall 10 (1) complete a registration form that includes, at a minimum, 11 (A) the sex offender's or child kidnapper's name, address, place 12 of employment, and date of birth; 13 (B) each conviction for a sex offense or child kidnapping for 14 which the duty to register has not terminated under AS 12.63.020, the date of 15 the sex offense or child kidnapping convictions, the place and court of the sex 16 offense or child kidnapping convictions, and whether the sex offender or child 17 kidnapper has been unconditionally discharged from the conviction for a sex 18 offense or child kidnapping and the date of the unconditional discharge; if the 19 sex offender or child kidnapper asserts that the offender or kidnapper has been 20 unconditionally discharged, the offender or kidnapper shall supply proof of 21 that discharge acceptable to the department; 22 (C) all aliases used; 23 (D) the sex offender's or child kidnapper's driver's license 24 number; 25 (E) the description, license numbers, and vehicle identification 26 numbers of motor vehicles the sex offender or child kidnapper has access to, 27 regardless of whether that access is regular or not; 28 (F) any identifying features of the sex offender or child 29 kidnapper; 30 (G) anticipated changes of address; [AND] 31 (H) a statement concerning whether the offender or kidnapper
01 has had treatment for a mental abnormality or personality disorder since the 02 date of conviction for an offense requiring registration under this chapter; and 03 (I) each online identifier used by the sex offender or child 04 kidnapper; 05 (2) allow the Alaska state troopers, Department of Corrections, or 06 municipal police to take a complete set of the sex offender's or child kidnapper's 07 fingerprints and to take the sex offender's or child kidnapper's photograph. 08 * Sec. 3. AS 12.63.010(c) is amended to read: 09 (c) If a sex offender or child kidnapper changes residence after having 10 registered under (a) of this section, the sex offender or child kidnapper shall provide 11 written notice of the change by the next working day following the change to the 12 Alaska state trooper post or municipal police department located nearest to the new 13 residence or, if the residence change is out of state, to the central registry. If a sex 14 offender or child kidnapper establishes or changes an online identifier, the sex 15 offender or child kidnapper shall, by the next working day, notify the department 16 in writing of the changed or new identifier. 17 * Sec. 4. AS 12.63.010(f) is amended to read: 18 (f) In this section, 19 (1) "correctional facility" has the meaning given in AS 33.30.901; 20 (2) "online identifier" means any electronic mail address 21 information or instant message, chat, social networking, or other similar Internet 22 communication name, but does not a include social security number, date of 23 birth, or pin number. 24 * Sec. 5. AS 18.65.087 is amended by adding new subsections to read: 25 (i) Notwithstanding (b) of this section, 26 (1) the department may provide a method for, or may participate in a 27 federal program that allows, the public to submit an online identifier and receive a 28 confirmation of whether the identifier belongs to a registered sex offender or child 29 kidnapper; 30 (2) the department may provide online identifiers in the central registry 31 to Internet service providers and Internet security firms to assist those entities in
01 preventing children from receiving communications from registered sex offenders and 02 child kidnappers and to warn the public that persons with those identifiers are 03 registered sex offenders or child kidnappers. 04 (j) In this section, "online identifier" has the meaning given in AS 12.63.010. 05 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPLICABILITY. (a) This Act applies to persons convicted of sex offenses or child 08 kidnapping before, on, or after the effective date of this Act whose duty to register as a sex 09 offender or child kidnapper has not expired under AS 12.63.010(d)(1) on the effective date of 10 this Act. 11 (b) Notwithstanding AS 11.56.840(a), repealed and reenacted by sec. 1 of this Act, 12 and AS 12.63.010(c), amended by sec. 3 of this Act, a sex offender or child kidnapper whose 13 duty to register as a sex offender or child kidnapper arose 14 (1) on or before December 31, 2008, does not have to initially report online 15 identifiers to the Department of Public Safety until the date that the sex offender or child 16 kidnapper's next annual, or quarterly if applicable, written verification is due; after the initial 17 report of identifiers is due, the sex offender or child kidnapper shall report the establishment 18 of an online identifier or any change to an identifier, as required by AS 11.56.840 and 19 AS 12.63.010; 20 (2) on or after January 1, 2009, shall report online identifiers, and changes to 21 identifiers, to the Department of Public Safety as required by AS 12.63.010. 22 * Sec. 7. This Act takes effect January 1, 2009.