CSHB 359(FIN) am: "An Act relating to conspiracy to commit human trafficking in the first degree or sex trafficking in the first degree; relating to the crime of distribution of indecent material to minors, the crime of online enticement of a minor, the crime of prostitution, and the crime of sex trafficking; relating to forfeiture of property used in prostitution offenses; relating to testimony by video conference; adding Rule 38.3, Alaska Rules of Criminal Procedure; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 359(FIN) am 01 "An Act relating to conspiracy to commit human trafficking in the first degree or sex 02 trafficking in the first degree; relating to the crime of distribution of indecent material 03 to minors, the crime of online enticement of a minor, the crime of prostitution, and the 04 crime of sex trafficking; relating to forfeiture of property used in prostitution offenses; 05 relating to testimony by video conference; adding Rule 38.3, Alaska Rules of Criminal 06 Procedure; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 04.06.110 is amended to read: 09 Sec. 04.06.110. Peace officer powers. The director and the persons employed 10 for the administration and enforcement of this title may, with the concurrence of the 11 commissioner of public safety, exercise the powers of peace officers when those 12 powers are specifically granted by the board. Powers granted by the board under this 13 section may be exercised only when necessary for the enforcement of the criminally
01 punishable provisions of this title, regulations of the board, and other criminally 02 punishable laws and regulations, including investigation of violations of laws against 03 prostitution and sex trafficking [PROMOTING PROSTITUTION] described in 04 AS 11.66.100 - 11.66.135 [AS 11.66.100 - 11.66.130] and laws against gambling, 05 promoting gambling, and related offenses described in AS 11.66.200 - 11.66.280. 06 * Sec. 2. AS 04.11.370(a) is amended to read: 07 (a) A license or permit shall be suspended or revoked if the board finds 08 (1) misrepresentation of a material fact on an application made under 09 this title or a regulation adopted under this title; 10 (2) continuation of the manufacture, sale, or service of alcoholic 11 beverages by the licensee or permittee would be contrary to the best interests of the 12 public; 13 (3) failure on the part of the licensee to correct a defect that constitutes 14 a violation of this title, a condition or restriction imposed by the board, a regulation 15 adopted under this title, or other laws after receipt of notice issued by the board or its 16 agent; 17 (4) conviction of a licensee of a violation of this title, a regulation 18 adopted under this title, or an ordinance adopted under AS 04.21.010; 19 (5) conviction of an agent or employee of a licensee of a violation of 20 this title, a regulation adopted under this title, or an ordinance adopted under 21 AS 04.21.010, if the licensee is found by the board to have either knowingly allowed 22 the violation or to have recklessly or with criminal negligence failed to act in 23 accordance with the duty prescribed under AS 04.21.030 with the result that the agent 24 or employee violates a law, regulation, or ordinance; 25 (6) failure of the licensee to comply with the public health, fire, or 26 safety laws and regulations in the state; 27 (7) use of the licensed premises as a resort for illegal possessors or 28 users of narcotics, prostitutes, or sex traffickers [PROMOTERS OF 29 PROSTITUTION]; in addition to any other legally competent evidence, the character 30 of the premises may be proved by the general reputation of the premises in the 31 community as a resort for illegal possessors or users of narcotics, prostitutes, or sex
01 traffickers [PROMOTERS OF PROSTITUTION]; 02 (8) occurrence of illegal gambling within the limits of the licensed 03 premises; 04 (9) the licensee permitted a public offense involving moral turpitude to 05 occur on the licensed premises; 06 (10) violation by a licensee of this title, a condition or restriction 07 imposed by the board, a regulation adopted under this title, or an ordinance adopted 08 under AS 04.21.010; or 09 (11) violation by an agent or employee of a licensee of a provision of 10 this title, a condition or restriction imposed by the board, a regulation adopted under 11 this title, or an ordinance adopted under AS 04.21.010, if the licensee is found by the 12 board to have either knowingly allowed the violation or to have recklessly or with 13 criminal negligence failed to act in accordance with the duty prescribed under 14 AS 04.21.030 with the result that the agent or employee violates the law, condition or 15 restriction, regulation, or ordinance. 16 * Sec. 3. AS 11.31.120(h)(2) is amended to read: 17 (2) "serious felony offense" means an offense 18 (A) against the person under AS 11.41, punishable as an 19 unclassified or class A felony; 20 (B) involving controlled substances under AS 11.71, 21 punishable as an unclassified, class A, or class B felony; 22 (C) that is criminal mischief in the first degree under 23 AS 11.46.475; [OR] 24 (D) that is terroristic threatening in the first degree under 25 AS 11.56.807; 26 (E) that is human trafficking in the first degree under 27 AS 11.41.360; or 28 (F) that is sex trafficking in the first degree under 29 AS 11.66.110. 30 * Sec. 4. AS 11.61.128(a) is amended to read: 31 (a) A person commits the crime of distribution of indecent material to minors
01 if 02 (1) the person, being 18 years of age or older, intentionally 03 [KNOWINGLY] distributes or possesses with intent to distribute any material 04 described in (2) and (3) of this subsection to either 05 (A) a child that the person knows is under 16 years of age; 06 or 07 (B) another person that the person believes is a child under 08 16 years of age; 09 (2) the person knows that the material [TO ANOTHER PERSON 10 ANY MATERIAL THAT] depicts the following actual or simulated conduct: 11 (A) sexual penetration; 12 (B) the lewd touching of a person's genitals, anus, or female 13 breast; 14 (C) masturbation; 15 (D) bestiality; 16 (E) the lewd exhibition of a person's genitals, anus, or female 17 breast; or 18 (F) sexual masochism or sadism; and 19 (3) [(2)] the material is harmful to minors [; AND 20 (3) EITHER 21 (A) THE OTHER PERSON IS A CHILD UNDER 16 YEARS 22 OF AGE; OR 23 (B) THE PERSON BELIEVES THAT THE OTHER PERSON 24 IS A CHILD UNDER 16 YEARS OF AGE]. 25 * Sec. 5. AS 11.66.100(b) is amended to read: 26 (b) Except as provided in (c) of this section, prostitution 27 [PROSTITUTION] is a class B misdemeanor. 28 * Sec. 6. AS 11.66.100 is amended by adding new subsections to read: 29 (c) Prostitution is a class C felony if 30 (1) the defendant violates (a) of this section as a patron of a prostitute; 31 (2) the prostitute is under 18 years of age; and
01 (3) the defendant is over 18 years of age and at least three years older 02 than the prostitute. 03 (d) In a prosecution under (c) of this section, it is an affirmative defense that, 04 at the time of the alleged offense, the defendant 05 (1) reasonably believed the prostitute to be 18 years of age or older; 06 and 07 (2) undertook reasonable measures to verify that the prostitute was 18 08 years of age or older. 09 * Sec. 7. AS 11.66.110(a) is amended to read: 10 (a) A person commits the crime of sex trafficking [PROMOTING 11 PROSTITUTION] in the first degree if the person 12 (1) induces or causes a person to engage in prostitution through the use 13 of force; 14 (2) as other than a patron of a prostitute, induces or causes a person 15 under 20 [18] years of age to engage in prostitution; or 16 (3) induces or causes a person in that person's legal custody to engage 17 in prostitution. 18 * Sec. 8. AS 11.66.110(b) is amended to read: 19 (b) In a prosecution under (a)(2) of this section, it is not a defense that the 20 defendant reasonably believed that the person induced or caused to engage in 21 prostitution was 20 [18] years of age or older. 22 * Sec. 9. AS 11.66.110(c) is amended to read: 23 (c) Except as provided in (d) of this section, sex trafficking [PROMOTING 24 PROSTITUTION] in the first degree is a class A felony. 25 * Sec. 10. AS 11.66.120 is amended to read: 26 Sec. 11.66.120. Sex trafficking [PROMOTING PROSTITUTION] in the 27 second degree. (a) A person commits the crime of sex trafficking [PROMOTING 28 PROSTITUTION] in the second degree if the person 29 (1) manages, supervises, controls, or owns, either alone or in 30 association with others, a prostitution enterprise other than a place of prostitution; 31 (2) procures or solicits a patron for a prostitute; or
01 (3) offers, sells, advertises, promotes, or facilitates travel that includes 02 commercial sexual conduct as enticement for the travel; in this paragraph, 03 "commercial sexual conduct" means sexual conduct for which anything of value is 04 given or received by any person. 05 (b) Sex trafficking [PROMOTING PROSTITUTION] in the second degree is 06 a class B felony. 07 * Sec. 11. AS 11.66.130 is amended to read: 08 Sec. 11.66.130. Sex trafficking [PROMOTING PROSTITUTION] in the 09 third degree. (a) A person commits the crime of sex trafficking [PROMOTING 10 PROSTITUTION] in the third degree if, with intent to promote prostitution, the 11 person 12 (1) manages, supervises, controls, or owns, either alone or in 13 association with others, a place of prostitution; 14 (2) as other than a patron of a prostitute, induces or causes a person 20 15 [18] years of age or older to engage in prostitution; 16 (3) as other than a prostitute receiving compensation for personally 17 rendered prostitution services, receives or agrees to receive money or other property 18 under [PURSUANT TO] an agreement or understanding that the money or other 19 property is derived from prostitution; or 20 (4) engages in conduct that institutes, aids, or facilitates a prostitution 21 enterprise. 22 (b) Sex trafficking [PROMOTING PROSTITUTION] in the third degree is a 23 class C felony. 24 * Sec. 12. AS 11.66.135 is amended to read: 25 Sec. 11.66.135. Sex trafficking [PROMOTING PROSTITUTION] in the 26 fourth degree. (a) A person commits the crime of sex trafficking [PROMOTING 27 PROSTITUTION] in the fourth degree if the person engages in conduct that institutes, 28 aids, or facilitates prostitution under circumstances not proscribed under 29 AS 11.66.130(a)(4). 30 (b) Sex trafficking [PROMOTING PROSTITUTION] in the fourth degree is 31 a class A misdemeanor.
01 * Sec. 13. AS 11.66.140 is amended to read: 02 Sec. 11.66.140. Corroboration of certain testimony not required. In a 03 prosecution under AS 11.66.110 - 11.66.135 [AS 11.66.110 - 11.66.130], it is not 04 necessary that the testimony of the person whose prostitution is alleged to have been 05 compelled or promoted be corroborated by the testimony of any other witness or by 06 documentary or other types of evidence. 07 * Sec. 14. AS 11.66.145 is amended to read: 08 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 09 received or derived from, a violation of AS 11.66.100(c) or 11.66.110 - 11.66.135 10 [AS 11.66.110 - 11.66.135] shall be forfeited. 11 * Sec. 15. AS 11.81.250(a) is amended to read: 12 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 13 title, except murder in the first and second degree, attempted murder in the first 14 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 15 in the first degree, murder of an unborn child, sexual assault in the first degree, sexual 16 abuse of a minor in the first degree, misconduct involving a controlled substance in the 17 first degree, sex trafficking [PROMOTING PROSTITUTION] in the first degree 18 under AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their 19 seriousness, according to the type of injury characteristically caused or risked by 20 commission of the offense and the culpability of the offender. Except for murder in the 21 first and second degree, attempted murder in the first degree, solicitation to commit 22 murder in the first degree, conspiracy to commit murder in the first degree, murder of 23 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 24 degree, misconduct involving a controlled substance in the first degree, sex 25 trafficking [PROMOTING PROSTITUTION] in the first degree under 26 AS 11.66.110(a)(2), and kidnapping, the offenses in this title are classified into the 27 following categories: 28 (1) class A felonies, which characteristically involve conduct resulting 29 in serious physical injury or a substantial risk of serious physical injury to a person; 30 (2) class B felonies, which characteristically involve conduct resulting 31 in less severe violence against a person than class A felonies, aggravated offenses
01 against property interests, or aggravated offenses against public administration or 02 order; 03 (3) class C felonies, which characteristically involve conduct serious 04 enough to deserve felony classification but not serious enough to be classified as A or 05 B felonies; 06 (4) class A misdemeanors, which characteristically involve less severe 07 violence against a person, less serious offenses against property interests, less serious 08 offenses against public administration or order, or less serious offenses against public 09 health and decency than felonies; 10 (5) class B misdemeanors, which characteristically involve a minor 11 risk of physical injury to a person, minor offenses against property interests, minor 12 offenses against public administration or order, or minor offenses against public health 13 and decency; 14 (6) violations, which characteristically involve conduct inappropriate 15 to an orderly society but which do not denote criminality in their commission. 16 * Sec. 16. AS 11.81.250(b) is amended to read: 17 (b) The classification of each felony defined in this title, except murder in the 18 first and second degree, attempted murder in the first degree, solicitation to commit 19 murder in the first degree, conspiracy to commit murder in the first degree, murder of 20 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 21 degree, misconduct involving a controlled substance in the first degree, sex 22 trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, is 23 designated in the section defining it. A felony under the [ALASKA] law of this state 24 defined outside this title for which no penalty is specifically provided is a class C 25 felony. 26 * Sec. 17. AS 12.47.100 is amended by adding a new subsection to read: 27 (h) In a hearing to determine competency under this section, the court may, at 28 the court's discretion, allow a witness, including a psychiatrist or psychologist who 29 examined the defendant, to testify concerning the competency of the defendant by 30 contemporaneous two-way video conference if the witness is in a place from which 31 people customarily travel by air to the court, and the procedure allows the parties a fair
01 opportunity to examine the witness. The video conference technician shall be the only 02 person in the presence of the witness unless the court, at the court's discretion, 03 determines that another person may be present. Any person present with the witness 04 must be identified on the record. In this subsection, "contemporaneous two-way video 05 conference" 06 (1) means a conference among people at different places by means of 07 transmitted audio and video signals; 08 (2) includes all communication technologies that allow people at two 09 or more places to interact by two-way video and audio transmissions simultaneously. 10 * Sec. 18. AS 12.55.035(b) is amended to read: 11 (b) Upon conviction of an offense, a defendant who is not an organization may 12 be sentenced to pay, unless otherwise specified in the provision of law defining the 13 offense, a fine of not [NO] more than 14 (1) $500,000 for murder in the first or second degree, attempted 15 murder in the first degree, murder of an unborn child, sexual assault in the first degree, 16 sexual abuse of a minor in the first degree, kidnapping, sex trafficking 17 [PROMOTING PROSTITUTION] in the first degree under AS 11.66.110(a)(2), or 18 misconduct involving a controlled substance in the first degree; 19 (2) $250,000 for a class A felony; 20 (3) $100,000 for a class B felony; 21 (4) $50,000 for a class C felony; 22 (5) $10,000 for a class A misdemeanor; 23 (6) $2,000 for a class B misdemeanor; 24 (7) $500 for a violation. 25 * Sec. 19. AS 12.55.125(i) is amended to read: 26 (i) A defendant convicted of 27 (1) sexual assault in the first degree, sexual abuse of a minor in the 28 first degree, or sex trafficking [PROMOTING PROSTITUTION] in the first degree 29 under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not 30 more than 99 years and shall be sentenced to a definite term within the following 31 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:
01 (A) if the offense is a first felony conviction, the offense does 02 not involve circumstances described in (B) of this paragraph, and the victim 03 was 04 (i) less than 13 years of age, 25 to 35 years; 05 (ii) 13 years of age or older, 20 to 30 years; 06 (B) if the offense is a first felony conviction and the defendant 07 possessed a firearm, used a dangerous instrument, or caused serious physical 08 injury during the commission of the offense, 25 to 35 years; 09 (C) if the offense is a second felony conviction and does not 10 involve circumstances described in (D) of this paragraph, 30 to 40 years; 11 (D) if the offense is a second felony conviction and the 12 defendant has a prior conviction for a sexual felony, 35 to 45 years; 13 (E) if the offense is a third felony conviction and the defendant 14 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 15 to 60 years; 16 (F) if the offense is a third felony conviction, the defendant is 17 not subject to sentencing under (l) of this section, and the defendant has two 18 prior convictions for sexual felonies, 99 years; 19 (2) unlawful exploitation of a minor under AS 11.41.455(c)(2), online 20 enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to 21 commit sexual assault in the first degree, sexual abuse of a minor in the first degree, or 22 sex trafficking [PROMOTING PROSTITUTION] in the first degree under 23 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 24 than 99 years and shall be sentenced to a definite term within the following 25 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 26 (A) if the offense is a first felony conviction, the offense does 27 not involve circumstances described in (B) of this paragraph, and the victim 28 was 29 (i) under 13 years of age, 20 to 30 years; 30 (ii) 13 years of age or older, 15 to 30 years; 31 (B) if the offense is a first felony conviction and the defendant
01 possessed a firearm, used a dangerous instrument, or caused serious physical 02 injury during the commission of the offense, 25 to 35 years; 03 (C) if the offense is a second felony conviction and does not 04 involve circumstances described in (D) of this paragraph, 25 to 35 years; 05 (D) if the offense is a second felony conviction and the 06 defendant has a prior conviction for a sexual felony, 30 to 40 years; 07 (E) if the offense is a third felony conviction, the offense does 08 not involve circumstances described in (F) of this paragraph, and the defendant 09 is not subject to sentencing under (l) of this section, 35 to 50 years; 10 (F) if the offense is a third felony conviction, the defendant is 11 not subject to sentencing under (l) of this section, and the defendant has two 12 prior convictions for sexual felonies, 99 years; 13 (3) sexual assault in the second degree, sexual abuse of a minor in the 14 second degree, online enticement of a minor under AS 11.41.452(d), unlawful 15 exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography 16 under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not 17 more than 99 years and shall be sentenced to a definite term within the following 18 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (A) if the offense is a first felony conviction, five to 15 years; 20 (B) if the offense is a second felony conviction and does not 21 involve circumstances described in (C) of this paragraph, 10 to 25 years; 22 (C) if the offense is a second felony conviction and the 23 defendant has a prior conviction for a sexual felony, 15 to 30 years; 24 (D) if the offense is a third felony conviction and does not 25 involve circumstances described in (E) of this paragraph, 20 to 35 years; 26 (E) if the offense is a third felony conviction and the defendant 27 has two prior convictions for sexual felonies, 99 years; 28 (4) sexual assault in the third degree, incest, indecent exposure in the 29 first degree, possession of child pornography, distribution of child pornography under 30 AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in 31 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation
01 of a minor, or distribution of child pornography, may be sentenced to a definite term 02 of imprisonment of not more than 99 years and shall be sentenced to a definite term 03 within the following presumptive ranges, subject to adjustment as provided in 04 AS 12.55.155 - 12.55.175: 05 (A) if the offense is a first felony conviction, two to 12 years; 06 (B) if the offense is a second felony conviction and does not 07 involve circumstances described in (C) of this paragraph, eight to 15 years; 08 (C) if the offense is a second felony conviction and the 09 defendant has a prior conviction for a sexual felony, 12 to 20 years; 10 (D) if the offense is a third felony conviction and does not 11 involve circumstances described in (E) of this paragraph, 15 to 25 years; 12 (E) if the offense is a third felony conviction and the defendant 13 has two prior convictions for sexual felonies, 99 years. 14 * Sec. 20. AS 12.55.185(10) is amended to read: 15 (10) "most serious felony" means 16 (A) arson in the first degree, sex trafficking [PROMOTING 17 PROSTITUTION] in the first degree under AS 11.66.110(a)(2), online 18 enticement of a minor under AS 11.41.452(e), or any unclassified or class A 19 felony prescribed under AS 11.41; or 20 (B) an attempt, or conspiracy to commit, or criminal 21 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 22 AS 11.41; 23 * Sec. 21. AS 15.80.010(9) is amended to read: 24 (9) "felony involving moral turpitude" includes those crimes that are 25 immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 26 sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 27 coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 28 forgery device, offering a false instrument for recording, scheme to defraud, falsifying 29 business records, commercial bribe receiving, commercial bribery, bribery, receiving a 30 bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 31 escape, promoting contraband, interference with official proceedings, receiving a bribe
01 by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 02 evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 03 explosives, unlawful furnishing of explosives, sex trafficking [PROMOTING 04 PROSTITUTION], criminal mischief, misconduct involving a controlled substance or 05 an imitation controlled substance, permitting an escape, promoting gambling, 06 possession of gambling records, distribution of child pornography, and possession of 07 child pornography; 08 * Sec. 22. AS 28.15.046(c) is amended to read: 09 (c) The department may not issue a license under this section to an applicant 10 who has been convicted of any of the following offenses within 20 years of the time of 11 application: 12 (1) sexual abuse of a minor in any degree under AS 11.41.434 - 13 11.41.440; 14 (2) sexual assault in any degree under AS 11.41.410 - 11.41.425; 15 (3) incest under AS 11.41.450; 16 (4) unlawful exploitation of a minor under AS 11.41.455; 17 (5) contributing to the delinquency of a minor under AS 11.51.130; 18 (6) a felony involving possession of a controlled or imitation 19 controlled substance under AS 11.71 or AS 11.73; 20 (7) a felony or misdemeanor involving distribution of a controlled or 21 imitation controlled substance under AS 11.71 or AS 11.73; 22 (8) sex trafficking [PROMOTING PROSTITUTION] in the first or 23 second degree under AS 11.66.110 or 11.66.120; 24 (9) indecent exposure in the first or second degree under AS 11.41.458 25 or 11.41.460. 26 * Sec. 23. AS 47.12.110(d) is amended to read: 27 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 28 the adjudication of a minor as a delinquent shall be open to the public, except as 29 prohibited or limited by order of the court, if 30 (1) the department files with the court a motion asking the court to 31 open the hearing to the public, and the petition seeking adjudication of the minor as a
01 delinquent is based on 02 (A) the minor's alleged commission of an offense, and the 03 minor has knowingly failed to comply with all the terms and conditions 04 required of the minor by the department or imposed on the minor in a court 05 order entered under AS 47.12.040(a)(2) or 47.12.120; 06 (B) the minor's alleged commission of 07 (i) a crime against a person that is punishable as a 08 felony; 09 (ii) a crime in which the minor employed a deadly 10 weapon, as that term is defined in AS 11.81.900(b), in committing the 11 crime; 12 (iii) arson under AS 11.46.400 - 11.46.410; 13 (iv) burglary under AS 11.46.300; 14 (v) distribution of child pornography under 15 AS 11.61.125; 16 (vi) sex trafficking [PROMOTING PROSTITUTION] 17 in the first degree under AS 11.66.110; or 18 (vii) misconduct involving a controlled substance under 19 AS 11.71 involving the delivery of a controlled substance or the 20 possession of a controlled substance with intent to deliver, other than 21 an offense under AS 11.71.040 or 11.71.050; or 22 (C) the minor's alleged commission of a felony and the minor 23 was 16 years of age or older at the time of commission of the offense when the 24 minor has previously been convicted or adjudicated a delinquent minor based 25 on the minor's commission of an offense that is a felony; or 26 (2) the minor agrees to a public hearing on the petition seeking 27 adjudication of the minor as a delinquent. 28 * Sec. 24. AS 47.12.315(a) is amended to read: 29 (a) Notwithstanding AS 47.12.310, when an agency takes action under 30 AS 47.12.040(a)(1) to adjust a matter, or when, under AS 47.12.040(a)(2), the court 31 directs the agency to adjust the matter, the agency
01 (1) shall, for a minor who is at least 13 years of age at the time of 02 commission of the offense, disclose to the public the name of the minor, the name or 03 names of the parent, parents, or guardian of the minor, the action required by the 04 agency to be taken by the minor under AS 47.12.060 to adjust the matter, and 05 information about the offense exclusive of information that identifies the victim of the 06 offense, if the minor was, under AS 47.12.020, previously alleged to be a delinquent 07 minor on the basis of the minor's commission of at least one offense and, on the basis 08 of that allegation, a state agency has, under AS 47.12.040(a), been asked to make a 09 preliminary inquiry to determine if any action on that matter is appropriate, and, if the 10 minor is alleged to be a delinquent minor on the basis of the minor's commission of 11 another offense, exercise of agency jurisdiction is based on the minor's alleged 12 commission of that other offense, and that other offense is one of the following: 13 (A) a crime against a person that is punishable as a felony; 14 (B) a crime in which the minor employed a deadly weapon, as 15 that term is defined in AS 11.81.900(b), in committing the crime; 16 (C) arson under AS 11.46.400 - 11.46.410; 17 (D) burglary under AS 11.46.300; 18 (E) distribution of child pornography under AS 11.61.125; 19 (F) sex trafficking [PROMOTING PROSTITUTION] in the 20 first degree under AS 11.66.110; or 21 (G) misconduct involving a controlled substance under 22 AS 11.71 involving the delivery of a controlled substance or the possession of 23 a controlled substance with intent to deliver, other than an offense under 24 AS 11.71.040 or 11.71.050; and 25 (2) may, for a minor who is at least 13 years of age at the time of 26 commission of the offense, disclose to the public the name of the minor, the name or 27 names of the parent, parents, or guardian of the minor, the action required by the 28 agency to be taken by the minor under AS 47.12.060 to adjust the matter, and 29 information about the offense exclusive of information that identifies the victim of the 30 offense if the minor has knowingly failed to comply with all terms and conditions 31 required of the minor by the agency to adjust the matter under AS 47.12.060(b).
01 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. The Alaska Rules of Criminal 04 Procedure are amended by adding a new section to read: 05 Rule 38.3. Video Conference Testimony. (a) In General. In every trial, the 06 testimony of witnesses shall be taken in open court, unless otherwise provided by 07 statute or rule. 08 (b) Testimony by Video Conference. The parties may agree to take 09 testimony from a witness by contemporaneous two-way video conference presented in 10 open court. Absent the parties' agreement, the court may, at the court's discretion, 11 authorize the contemporaneous two-way video conference testimony at trial of a 12 witness only if 13 (1) the requesting party establishes that testimony by two-way video 14 conference is necessary to further an important public policy; 15 (2) the requesting party establishes that the witness is unavailable; and 16 (3) the testimony is given under oath and subject to cross-examination. 17 (c) Procedures for Taking Video Conference Testimony. If the trial court 18 authorizes video conference testimony under (b) of this rule, it shall determine the 19 procedures for taking the contemporaneous two-way video conference testimony. The 20 parties, the court, the trier of fact, and the public must be able to see and hear the 21 witness; and the witness must see and hear the courtroom proceedings, including the 22 defendant, as if the witness were sitting in the courtroom's witness stand. The video 23 conference technician shall be the only person in the presence of the witness unless the 24 court, at the court's discretion, determines that another person may be present. Any 25 person present with the witness must be identified. 26 (d) Definitions. 27 (1) Contemporaneous Two-Way Video Conference. Contemporaneous 28 two-way video conference means a conference among people at different places by 29 means of transmitted audio and video signals. It includes all communication 30 technologies that allow two or more places to interact by two-way video and audio 31 transmissions simultaneously.
01 (2) Unavailable. In this rule, a witness is unavailable if 02 (A) by clear and convincing evidence the court finds under 03 Rule 804(a)(4) or (5), Alaska Rules of Evidence, or Rule 15(e)(4), Alaska 04 Rules of Criminal Procedure, that the witness is unavailable; 05 (B) by clear and convincing evidence the court finds that under 06 the circumstances the witness is unavailable; or 07 (C) the parties agree that the witness is unavailable. 08 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY. (a) Sections 1, 2, 9 - 12, 15, and 18 - 24 of this Act apply to 11 offenses committed before, on, or after the effective date of the Act. 12 (b) Sections 3 - 8, 13, 14, 17, and 25 of this Act apply to offenses committed on or 13 after the effective date of this Act. 14 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the 17 heading of AS 11.66.110 from "Promoting prostitution in the first degree" to "Sex trafficking 18 in the first degree." 19 * Sec. 28. This Act takes effect July 1, 2012.