Enrolled HB 127: Relating to the crimes of stalking, sexual assault in the third degree, sexual assault in the fourth degree, unlawful exploitation of a minor, distribution of child pornography, online enticement of a minor, endangering the welfare of a child, sending an explicit image of a minor, harassment, and misconduct involving confidential information; making the installation, enabling, or use of keystroke loggers or other devices criminal use of a computer; relating to probation; relating to the subpoena power of the attorney general in cases involving use of an Internet service account; relating to an appearance before a judicial officer after arrest; relating to conditions of probation in criminal cases involving sex offenses; relating to penalties for operating a vehicle without possessing proof of motor vehicle liability insurance or a driver's license; relating to penalties for certain arson offenses; amending Rule 5(a)(1), Alaska Rules of Criminal Procedure, and Rule 43.10, Alaska Rules of Administration; and providing for an effective date.
00Enrolled HB 127 01 Relating to the crimes of stalking, sexual assault in the third degree, sexual assault in the 02 fourth degree, unlawful exploitation of a minor, distribution of child pornography, online 03 enticement of a minor, endangering the welfare of a child, sending an explicit image of a 04 minor, harassment, and misconduct involving confidential information; making the 05 installation, enabling, or use of keystroke loggers or other devices criminal use of a computer; 06 relating to probation; relating to the subpoena power of the attorney general in cases involving 07 use of an Internet service account; relating to an appearance before a judicial officer after 08 arrest; relating to conditions of probation in criminal cases involving sex offenses; relating to 09 penalties for operating a vehicle without possessing proof of motor vehicle liability insurance 10 or a driver's license; relating to penalties for certain arson offenses; amending Rule 5(a)(1), 11 Alaska Rules of Criminal Procedure, and Rule 43.10, Alaska Rules of Administration; and
01 providing for an effective date. 02 _______________ 03 * Section 1. AS 11.41.270(b)(3) is amended to read: 04 (3) "nonconsensual contact" means any contact with another person 05 that is initiated or continued without that person's consent, that is beyond the scope of 06 the consent provided by that person, or that is in disregard of that person's expressed 07 desire that the contact be avoided or discontinued; "nonconsensual contact" includes 08 (A) following or appearing within the sight of that person; 09 (B) approaching or confronting that person in a public place or 10 on private property; 11 (C) appearing at the workplace or residence of that person; 12 (D) entering onto or remaining on property owned, leased, or 13 occupied by that person; 14 (E) contacting that person by telephone; 15 (F) sending mail or electronic communications to that person; 16 (G) placing an object on, or delivering an object to, property 17 owned, leased, or occupied by that person; 18 (H) following or monitoring that person with a global 19 positioning device or similar technological means; 20 (I) using, installing, or attempting to use or install a device 21 for observing, recording, or photographing events occurring in the 22 residence, vehicle, or workplace used by that person, or on the personal 23 telephone or computer used by that person; 24 * Sec. 2. AS 11.41.270(b) is amended by adding a new paragraph to read: 25 (5) "device" includes software. 26 * Sec. 3. AS 11.41.425(a) is amended to read: 27 (a) An offender commits the crime of sexual assault in the third degree if the 28 offender 29 (1) engages in sexual contact with a person who the offender knows is 30 (A) mentally incapable;
01 (B) incapacitated; or 02 (C) unaware that a sexual act is being committed; 03 (2) while employed in a state correctional facility or other placement 04 designated by the commissioner of corrections for the custody and care of prisoners, 05 engages in sexual penetration with a person who the offender knows is committed to 06 the custody of the Department of Corrections to serve a term of imprisonment or 07 period of temporary commitment; [OR] 08 (3) engages in sexual penetration with a person 18 or 19 years of age 09 who the offender knows is committed to the custody of the Department of Health and 10 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 11 the person; or 12 (4) while employed in the state by a law enforcement agency as a 13 peace officer, or while acting as a peace officer in the state, engages in sexual 14 penetration with a person with reckless disregard that the person is in the 15 custody or the apparent custody of the offender, or is committed to the custody of 16 a law enforcement agency. 17 * Sec. 4. AS 11.41.425 is amended by adding a new subsection to read: 18 (c) In this section, "peace officer" has the meaning given in AS 01.10.060. 19 * Sec. 5. AS 11.41.427(a) is amended to read: 20 (a) An offender commits the crime of sexual assault in the fourth degree if 21 (1) while employed in a state correctional facility or other placement 22 designated by the commissioner of corrections for the custody and care of prisoners, 23 the offender engages in sexual contact with a person who the offender knows is 24 committed to the custody of the Department of Corrections to serve a term of 25 imprisonment or period of temporary commitment; [OR] 26 (2) the offender engages in sexual contact with a person 18 or 19 years 27 of age who the offender knows is committed to the custody of the Department of 28 Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal 29 guardian of the person; or 30 (3) while employed in the state by a law enforcement agency as a 31 peace officer, or while acting as a peace officer in the state, the offender engages
01 in sexual contact with a person with reckless disregard that the person is in the 02 custody or the apparent custody of the offender, or is committed to the custody of 03 a law enforcement agency. 04 * Sec. 6. AS 11.41.427 is amended by adding a new subsection to read: 05 (c) In this section, "peace officer" has the meaning given in AS 01.10.060. 06 * Sec. 7. AS 11.41.452(d) is amended to read: 07 (d) Except as provided in (e) of this section, online enticement is a class B [C] 08 felony. 09 * Sec. 8. AS 11.41.452(e) is amended to read: 10 (e) Online enticement is a class A [B] felony if the defendant was, at the time 11 of the offense, required to register as a sex offender or child kidnapper under AS 12.63 12 or a similar law of another jurisdiction. 13 * Sec. 9. AS 11.46.740(a) is amended to read: 14 (a) A person commits the offense of criminal use of a computer if, having no 15 right to do so or any reasonable ground to believe the person has such a right, the 16 person knowingly 17 (1) accesses, causes to be accessed, or exceeds the person's authorized 18 access to a computer, computer system, computer program, computer network, or any 19 part of a computer system or network, and, as a result of or in the course of that 20 access, 21 (A) [(1)] obtains information concerning a person; 22 (B) [(2)] introduces false information into a computer, 23 computer system, computer program, or computer network with the intent to 24 damage or enhance the data record or the financial reputation of a person; 25 (C) [(3)] introduces false information into a computer, 26 computer system, computer program, or computer network and, with criminal 27 negligence, damages or enhances the data record or the financial reputation of 28 a person; 29 (D) [(4)] obtains proprietary information of another person; 30 (E) [(5)] obtains information that is only available to the public 31 for a fee;
01 (F) [(6)] introduces instructions, a computer program, or other 02 information that tampers with, disrupts, disables, or destroys a computer, 03 computer system, computer program, computer network, or any part of a 04 computer system or network; or 05 (G) [(7)] encrypts or decrypts data; 06 (2) installs, enables, or uses a keystroke logger or other device or 07 program that has the ability to record another person's keystrokes or entries on a 08 computer; or 09 (3) uses a keystroke logger or other device or program to intercept 10 or record another person's keystrokes or entries on a computer when those 11 entries are transmitted wirelessly or by other non-wired means. 12 * Sec. 10. AS 11.51.100(a) is amended to read: 13 (a) A person commits the crime of endangering the welfare of a child in the 14 first degree if, being a parent, guardian, or other person legally charged with the care 15 of a child under 16 years of age, the person 16 (1) intentionally deserts the child in a place under circumstances 17 creating a substantial risk of physical injury to the child; 18 (2) leaves the child with another person who is not a parent, guardian, 19 or lawful custodian of the child knowing that the person is 20 (A) [IS] registered or required to register as a sex offender or 21 child kidnapper under AS 12.63 or a law or ordinance in another jurisdiction 22 with similar requirements; 23 (B) [HAS BEEN] charged by complaint, information, or 24 indictment with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance 25 in another jurisdiction with similar elements; or 26 (C) [HAS BEEN] charged by complaint, information, or 27 indictment with an attempt, solicitation, or conspiracy to commit a crime 28 described in (B) of this paragraph; or 29 (3) leaves the child with another person knowing that the person has 30 previously physically mistreated or had sexual contact with any child, and the other 31 person causes physical injury or engages in sexual contact with the child.
01 * Sec. 11. AS 11.61 is amended by adding a new section to read: 02 Sec. 11.61.116. Sending an explicit image of a minor. (a) A person commits 03 the offense of sending an explicit image of a minor if the person, with intent to annoy 04 or humiliate another person, distributes an electronic photograph or video that depicts 05 the genitals, anus, or female breast of that other person taken when that person was a 06 minor under 16 years of age. 07 (b) In this section, 08 (1) "computer" has the meaning given in AS 11.46.990; 09 (2) "distributes" means to deliver the image to another person by 10 sending the image to the other person's computer or telephone; 11 (3) "Internet" has the meaning given in AS 11.46.710(d). 12 (c) Sending an explicit image of a minor is 13 (1) a class B misdemeanor if the person distributes the image to 14 another person; 15 (2) a class A misdemeanor if the person distributes the image to an 16 Internet website that is accessible to the public. 17 * Sec. 12. AS 11.61.120(a) is amended to read: 18 (a) A person commits the crime of harassment in the second degree if, with 19 intent to harass or annoy another person, that person 20 (1) insults, taunts, or challenges another person in a manner likely to 21 provoke an immediate violent response; 22 (2) telephones another and fails to terminate the connection with intent 23 to impair the ability of that person to place or receive telephone calls; 24 (3) makes repeated telephone calls at extremely inconvenient hours; 25 (4) makes an anonymous or obscene telephone call, an obscene 26 electronic communication, or a telephone call or electronic communication that 27 threatens physical injury or sexual contact; 28 (5) subjects another person to offensive physical contact; or 29 (6) except as provided in AS 11.61.116, publishes or distributes 30 electronic or printed photographs, pictures, or films that show the genitals, anus, or 31 female breast of the other person or show that person engaged in a sexual act.
01 * Sec. 13. AS 11.76 is amended by adding new sections to read: 02 Sec. 11.76.113. Misconduct involving confidential information in the first 03 degree. (a) A person commits the crime of misconduct involving confidential 04 information in the first degree if the person violates AS 11.76.115 and obtains the 05 confidential information with the intent to 06 (1) use the confidential information to commit a crime; or 07 (2) obtain a benefit to which the person is not entitled, to injure another 08 person, or to deprive another person of a benefit. 09 (b) Conviction under this section does not limit a person's ability to obtain 10 civil relief from another person. 11 (c) Misconduct involving confidential information in the first degree is a class 12 A misdemeanor. 13 Sec. 11.76.115. Misconduct involving confidential information in the 14 second degree. (a) A person commits the crime of misconduct involving confidential 15 information in the second degree if the person, without legal authority or the consent 16 of another person, knowingly obtains confidential information about the other person. 17 (b) In this section, "confidential information" includes 18 (1) information that has been classified confidential by law; 19 (2) information encoded on an access device, identification card issued 20 under AS 18.65.310, or driver's license. 21 (c) Conviction under this section does not limit a person's ability to obtain 22 civil relief from another person. 23 (d) Misconduct involving confidential information in the second degree is a 24 class B misdemeanor. 25 * Sec. 14. AS 12.05 is amended by adding a new section to read: 26 Sec. 12.05.030. Crimes involving minors committed outside state. In 27 addition to any other jurisdictional basis expressed or implied in law, a person may be 28 prosecuted under the laws of this state for conduct occurring outside the state for a 29 violation of 30 (1) AS 11.41.452 if the other person with whom the defendant 31 communicated was in the state; or
01 (2) AS 11.61.116 if the minor whose image is published or distributed 02 was in the state. 03 * Sec. 15. AS 12.10.010(a) is amended to read: 04 (a) Prosecution for the following offenses may be commenced at any time: 05 (1) murder; 06 (2) attempt, solicitation, or conspiracy to commit murder or hindering 07 the prosecution of murder; 08 (3) felony sexual abuse of a minor; 09 (4) sexual assault that is an unclassified, class A, or class B felony or a 10 violation of AS 11.41.425(a)(2) - (4) [AS 11.41.425(a)(2) OR (3)]; 11 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, AS 12 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 13 who, at the time of the offense, was under 18 years of age; 14 (6) kidnapping. 15 * Sec. 16. AS 12.25.150(a) is amended to read: 16 (a) A person arrested shall be taken before a judge or magistrate without 17 unnecessary delay, and in any event within 48 [24] hours after arrest, including 18 Sundays and holidays. This requirement applies to municipal police officers to the 19 same extent as it does to state troopers. 20 * Sec. 17. AS 12.55.100(e) is amended to read: 21 (e) In addition to other conditions imposed on the defendant, while on 22 probation and as a condition of probation 23 (1) for a sex offense, as described in AS 12.63.100, the defendant 24 (A) shall be required to submit to regular periodic polygraph 25 examinations; 26 (B) may be required to provide each electronic mail address, 27 instant messaging address, and other Internet communication identifier that the 28 defendant uses to the defendant's probation officer; the probation officer shall 29 forward those addresses and identifiers to the Alaska state troopers and to the 30 local law enforcement agency; 31 (2) if the defendant was convicted of a violation of AS 11.41.434 -
01 11.41.455, AS 11.61.125 - 11.61.128, or a similar offense in another jurisdiction, the 02 defendant may be required to refrain from 03 (A) using or creating an Internet site; 04 (B) communicating with children under 16 years of age; [OR] 05 (C) possessing or using a computer; or 06 (D) residing within 500 feet of school grounds; in this 07 subparagraph, "school grounds" has the meaning given in AS 11.71.900. 08 * Sec. 18. AS 12.55.125(i) is amended to read: 09 (i) A defendant convicted of 10 (1) sexual assault in the first degree, sexual abuse of a minor in the 11 first degree, or promoting prostitution in the first degree under AS 11.66.110(a)(2) 12 may be sentenced to a definite term of imprisonment of not more than 99 years and 13 shall be sentenced to a definite term within the following presumptive ranges, subject 14 to adjustment as provided in AS 12.55.155 - 12.55.175: 15 (A) if the offense is a first felony conviction, the offense does 16 not involve circumstances described in (B) of this paragraph, and the victim 17 was 18 (i) less than 13 years of age, 25 to 35 years; 19 (ii) 13 years of age or older, 20 to 30 years; 20 (B) if the offense is a first felony conviction and the defendant 21 possessed a firearm, used a dangerous instrument, or caused serious physical 22 injury during the commission of the offense, 25 to 35 years; 23 (C) if the offense is a second felony conviction and does not 24 involve circumstances described in (D) of this paragraph, 30 to 40 years; 25 (D) if the offense is a second felony conviction and the 26 defendant has a prior conviction for a sexual felony, 35 to 45 years; 27 (E) if the offense is a third felony conviction and the defendant 28 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 29 to 60 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 years; 02 (2) unlawful exploitation of a minor under AS 11.41.455(c)(2), 03 online enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or 04 solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the 05 first degree, or promoting prostitution in the first degree under AS 11.66.110(a)(2) 06 may be sentenced to a definite term of imprisonment of not more than 99 years and 07 shall be sentenced to a definite term within the following presumptive ranges, subject 08 to adjustment as provided in AS 12.55.155 - 12.55.175: 09 (A) if the offense is a first felony conviction, the offense does 10 not involve circumstances described in (B) of this paragraph, and the victim 11 was 12 (i) under 13 years of age, 20 to 30 years; 13 (ii) 13 years of age or older, 15 to 30 years; 14 (B) if the offense is a first felony conviction and the defendant 15 possessed a firearm, used a dangerous instrument, or caused serious physical 16 injury during the commission of the offense, 25 to 35 years; 17 (C) if the offense is a second felony conviction and does not 18 involve circumstances described in (D) of this paragraph, 25 to 35 years; 19 (D) if the offense is a second felony conviction and the 20 defendant has a prior conviction for a sexual felony, 30 to 40 years; 21 (E) if the offense is a third felony conviction, the offense does 22 not involve circumstances described in (F) of this paragraph, and the defendant 23 is not subject to sentencing under (l) of this section, 35 to 50 years; 24 (F) if the offense is a third felony conviction, the defendant is 25 not subject to sentencing under (l) of this section, and the defendant has two 26 prior convictions for sexual felonies, 99 years; 27 (3) sexual assault in the second degree, sexual abuse of a minor in the 28 second degree, online enticement of a minor under AS 11.41.452(d), unlawful 29 exploitation of a minor under AS 11.41.455(c)(1), or distribution of child 30 pornography under AS 11.61.125(e)(2) may be sentenced to a definite term of 31 imprisonment of not more than 99 years and shall be sentenced to a definite term
01 within the following presumptive ranges, subject to adjustment as provided in AS 02 12.55.155 - 12.55.175: 03 (A) if the offense is a first felony conviction, five to 15 years; 04 (B) if the offense is a second felony conviction and does not 05 involve circumstances described in (C) of this paragraph, 10 to 25 years; 06 (C) if the offense is a second felony conviction and the 07 defendant has a prior conviction for a sexual felony, 15 to 30 years; 08 (D) if the offense is a third felony conviction and does not 09 involve circumstances described in (E) of this paragraph, 20 to 35 years; 10 (E) if the offense is a third felony conviction and the defendant 11 has two prior convictions for sexual felonies, 99 years; 12 (4) sexual assault in the third degree, incest, indecent exposure in the 13 first degree, possession of child pornography, distribution of child pornography 14 under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual 15 assault in the second degree, sexual abuse of a minor in the second degree, unlawful 16 exploitation of a minor, or distribution of child pornography, may be sentenced to a 17 definite term of imprisonment of not more than 99 years and shall be sentenced to a 18 definite term within the following presumptive ranges, subject to adjustment as 19 provided in AS 12.55.155 - 12.55.175: 20 (A) if the offense is a first felony conviction, two to 12 years; 21 (B) if the offense is a second felony conviction and does not 22 involve circumstances described in (C) of this paragraph, eight to 15 years; 23 (C) if the offense is a second felony conviction and the 24 defendant has a prior conviction for a sexual felony, 12 to 20 years; 25 (D) if the offense is a third felony conviction and does not 26 involve circumstances described in (E) of this paragraph, 15 to 25 years; 27 (E) if the offense is a third felony conviction and the defendant 28 has two prior convictions for sexual felonies, 99 years. 29 * Sec. 19. AS 12.70.130 is amended to read: 30 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be 31 lawfully made by a peace officer or a private person without a warrant upon
01 reasonable information that the accused stands charged in the courts of another state 02 with a crime punishable by death or imprisonment for a term exceeding one year, but 03 when arrested the accused must be taken before a judge or magistrate without 04 unnecessary delay and, in any event, within 48 [24] hours after arrest, including 05 Sundays and holidays, and complaint shall be made against the accused under oath 06 setting out the ground for the arrest as in AS 12.70.120. Thereafter the answer of the 07 accused shall be heard as if the accused had been arrested on a warrant. 08 * Sec. 20. AS 28.15.131 is amended by adding a new subsection to read: 09 (b) Violation of this section is an infraction. 10 * Sec. 21. AS 28.22.019(c) is amended to read: 11 (c) A person convicted under this section is guilty of an infraction [A CLASS 12 B MISDEMEANOR] and shall be sentenced to pay a mandatory fine of $500 13 [MAY BE PUNISHED AS PROVIDED IN AS 12.55, EXCEPT THAT A FINE OF 14 AT LEAST $500 MUST BE IMPOSED]. 15 * Sec. 22. AS 33.05.020(a) is repealed and reenacted to read: 16 (a) The commissioner shall appoint and make available to the superior court, 17 when ordered under AS 12.55.015(a), a qualified probation officer for the active 18 supervision of a person placed on probation for a felony offense. The commissioner 19 may provide active supervision to a person placed on probation for a misdemeanor 20 offense. 21 * Sec. 23. AS 41.23.220 is amended to read: 22 Sec. 41.23.220. Penalty. (a) Except for conduct that is a violation of AS 23 11.46.420, a [A] person who violates a provision of AS 41.23.180 - 41.23.230 or a 24 regulation adopted under AS 41.23.180 - 41.23.230 is guilty of a violation as defined 25 in AS 11.81.900. 26 (b) Except for conduct that is a violation of AS 11.46.420, the [THE] 27 supreme court shall establish by order or rule a schedule of bail amounts for violations 28 under (a) of this section that allow the disposition of a citation without a court 29 appearance. 30 * Sec. 24. AS 44.23.080 is repealed and reenacted to read: 31 Sec. 44.23.080. Subpoena power of attorney general in cases involving use
01 of an Internet service account. (a) If there is reasonable cause to believe that an 02 Internet service account has been used in connection with a violation of AS 11.41.452, 03 11.41.455, or AS 11.61.125 - 11.61.128, and that the identity, address, and other 04 information about the account owner will assist in obtaining evidence that is relevant 05 to the offense, a law enforcement officer may apply to the attorney general for an 06 administrative subpoena to obtain the business records of the Internet service provider 07 located inside or outside of the state. 08 (b) If an application meets the requirements of (a) of this section, the attorney 09 general may issue an administrative subpoena to the Internet service provider 10 requiring the production of the following records: 11 (1) the name and other identifying information of the account holder; 12 (2) the address and physical location associated with the account; 13 (3) a description of the length of service, service start date, and types 14 of service associated with the account. 15 (c) A subpoena issued under (b) of this section must prescribe a reasonable 16 time after service for the production of the information. 17 (d) Service of a subpoena issued under (b) of this section may be by any 18 method authorized by law or acceptable to the Internet service provider. At any time 19 before the return date specified on the subpoena, the Internet service provider may 20 petition a court of competent jurisdiction for the judicial district in which the provider 21 resides or does business for an order modifying or quashing the subpoena or for an 22 order sealing the court record. 23 (e) If the Internet service provider refuses to obey a subpoena issued under (b) 24 of this section, the superior court may, upon application of the attorney general, issue 25 an order requiring the Internet service provider to appear at the office of the attorney 26 general with the information described in the subpoena. 27 (f) An Internet service provider who knowingly fails to produce the 28 information required to be produced by the subpoena or court order is guilty of 29 contempt under AS 09.50.010. 30 (g) Nothing in this section limits the authority of law enforcement from 31 obtaining process from the court or through a grand jury subpoena to obtain the
01 information described in (b) of this section. 02 (h) A person may not bring a civil action against an Internet service provider, 03 its officers, employees, agents, or other person for complying with an administrative 04 subpoena issued under (b) of this section or a court order issued under (e) of this 05 section. 06 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 DIRECT COURT RULE AMENDMENT. Rule 5(a)(1), Alaska Rules of 09 Criminal Procedure, is amended to read: 10 (1) Except when the person arrested is issued a citation for a 11 misdemeanor or a violation and immediately thereafter released, the arrested person 12 shall be taken before the nearest available judge or magistrate without unnecessary 13 delay and in any event within 48 hours after arrest, including Sundays and 14 holidays. This appearance may be accomplished by the use of telephonic or television 15 equipment pursuant to Criminal Rules 38.1 and 38.2. [NECESSARY DELAY 16 WITHIN THE MEANING OF THIS PARAGRAPH (a) IS DEFINED AS A PERIOD 17 NOT TO EXCEED FORTY-EIGHT HOURS AFTER ARREST, INCLUDING 18 SUNDAYS AND HOLIDAYS.] 19 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 INDIRECT COURT RULE AMENDMENT. The amendments to AS 41.23.220, made 22 in sec. 23 of this Act, have the effect of changing Rule 43.10, Alaska Rules of Administration, 23 by prohibiting the disposition of a violation of AS 11.46.420 without court appearance and 24 forfeiture of bail amounts. 25 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 REPORT TO THE LEGISLATURE. On or before April 1, 2012, the Department of 28 Law shall submit a report to the legislature concerning the total number of arraignments that 29 were heard within 24 hours after a person's arrest and the total number of arraignments that 30 were heard after 24 hours, but within 48 hours after a person's arrest. The report shall include 31 this information for cases prosecuted by the State of Alaska. The Department of Corrections
01 and the Alaska Court System shall cooperate with the Department of Law in preparing this 02 report. 03 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. (a) Sections 16, 19, and 25 of this Act apply to arrests for offenses 06 committed before, on, or after the effective date of this Act. 07 (b) Sections 1 - 15, 18, 20, 21, 23, and 26 of this Act apply to offenses committed on 08 or after the effective date of this Act. 09 (c) Sections 22 and 24 of this Act apply to offenses occurring before, on, or after the 10 effective date of this Act. 11 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the application 14 of it to any person or circumstance, is held invalid, the remainder of this Act and the 15 application to other persons or circumstances is not affected. 16 * Sec. 30. This Act takes effect July 1, 2011.