HB 73: "An Act relating to the commencement of actions for felony sex trafficking and felony human trafficking; relating to the crime of sexual assault; relating to the crime of unlawful contact; relating to forfeiture for certain crimes involving prostitution; relating to the time in which to commence certain prosecutions; relating to release for violation of a condition of release in connection with a crime involving domestic violence; relating to interception of private communications for certain sex trafficking or human trafficking offenses; relating to use of evidence of sexual conduct concerning victims of certain crimes; relating to procedures for granting immunity to a witness in a criminal proceeding; relating to consideration at sentencing of the effect of a crime on the victim; relating to the time to make an application for credit for time served in detention in a treatment program or while in other custody; relating to suspending imposition of sentence for sex trafficking; relating to consecutive sentences for convictions of certain crimes involving child pornography or indecent materials to minors; relating to the referral of sexual felonies to a three-judge panel; relating to the definition of 'sexual felony' for sentencing and probation for conviction of certain crimes; relating to the definition of "sex offense" regarding sex offender registration; relating to protective orders for stalking and sexual assault and for a crime involving domestic violence; relating to the definition of 'victim counseling centers' for disclosure of certain communications concerning sexual assault or domestic violence; relating to violent crimes compensation; relating to certain information in retention election of judges concerning sentencing of persons convicted of felonies; relating to remission of sentences for certain sexual felony offenders; relating to the subpoena power of the attorney general in cases involving the use of an Internet service account; relating to reasonable efforts in child-in-need-of-aid cases involving sexual abuse or sex offender registration; relating to mandatory reporting by athletic coaches of child abuse or neglect; making conforming amendments; amending Rules 16, 32.1(b)(1), and 32.2(a), Alaska Rules of Criminal Procedure, Rule 404(b), Alaska Rules of Evidence, and Rule 216, Alaska Rules of Appellate Procedure; and providing for an effective date."
00 HOUSE BILL NO. 73 01 "An Act relating to the commencement of actions for felony sex trafficking and felony 02 human trafficking; relating to the crime of sexual assault; relating to the crime of 03 unlawful contact; relating to forfeiture for certain crimes involving prostitution; relating 04 to the time in which to commence certain prosecutions; relating to release for violation 05 of a condition of release in connection with a crime involving domestic violence; relating 06 to interception of private communications for certain sex trafficking or human 07 trafficking offenses; relating to use of evidence of sexual conduct concerning victims of 08 certain crimes; relating to procedures for granting immunity to a witness in a criminal 09 proceeding; relating to consideration at sentencing of the effect of a crime on the victim; 10 relating to the time to make an application for credit for time served in detention in a 11 treatment program or while in other custody; relating to suspending imposition of 12 sentence for sex trafficking; relating to consecutive sentences for convictions of certain
01 crimes involving child pornography or indecent materials to minors; relating to the 02 referral of sexual felonies to a three-judge panel; relating to the definition of 'sexual 03 felony' for sentencing and probation for conviction of certain crimes; relating to the 04 definition of "sex offense" regarding sex offender registration; relating to protective 05 orders for stalking and sexual assault and for a crime involving domestic violence; 06 relating to the definition of 'victim counseling centers' for disclosure of certain 07 communications concerning sexual assault or domestic violence; relating to violent 08 crimes compensation; relating to certain information in retention election of judges 09 concerning sentencing of persons convicted of felonies; relating to remission of sentences 10 for certain sexual felony offenders; relating to the subpoena power of the attorney 11 general in cases involving the use of an Internet service account; relating to reasonable 12 efforts in child-in-need-of-aid cases involving sexual abuse or sex offender registration; 13 relating to mandatory reporting by athletic coaches of child abuse or neglect; making 14 conforming amendments; amending Rules 16, 32.1(b)(1), and 32.2(a), Alaska Rules of 15 Criminal Procedure, Rule 404(b), Alaska Rules of Evidence, and Rule 216, Alaska Rules 16 of Appellate Procedure; and providing for an effective date." 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 18 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 19 to read: 20 LEGISLATIVE FINDINGS AND INTENT FOR SECS. 20 AND 21 OF THIS ACT. 21 (a) The legislature reaffirms the findings made by the letter of intent for ch. 14, SLA 2006, 22 shown at 2006 Senate Journal 2207 - 2214 (February 16). 23 (b) The legislature finds that in enacting ch. 14, SLA 2006, the legislature did not in 24 2006, and does not now, intend to create new or additional means for a defendant convicted of 25 a sexual felony and sentenced under AS 12.55.125(i) to obtain referral to a three-judge panel.
01 The legislature also did not in 2006, nor does it now, intend for a court to create new or 02 additional means for a defendant convicted of a sexual felony and sentenced under 03 AS 12.55.125(i) to obtain referral to a three-judge panel. 04 (c) It is the intent of the legislature that AS 12.55.165, as amended by sec. 20 of this 05 Act, and AS 12.55.175, as amended by sec. 21 of this Act, to overturn the majority decision in 06 Collins v. State, 287 P.3d 791 (Alaska 2012), and to endorse the dissenting opinion in the 07 same case. 08 * Sec. 2. AS 09.10.065(a) is amended to read: 09 (a) A person may bring an action at any time for conduct that would have, at 10 the time the conduct occurred, violated provisions of any of the following offenses: 11 (1) felony sexual abuse of a minor; 12 (2) felony sexual assault; [OR] 13 (3) unlawful exploitation of a minor; 14 (4) felony sex trafficking; or 15 (5) felony human trafficking. 16 * Sec. 3. AS 11.41.425(a) is amended to read: 17 (a) An offender commits the crime of sexual assault in the third degree if the 18 offender 19 (1) engages in sexual contact with a person who the offender knows is 20 (A) mentally incapable; 21 (B) incapacitated; or 22 (C) unaware that a sexual act is being committed; 23 (2) while employed in a state correctional facility or other placement 24 designated by the commissioner of corrections for the custody and care of prisoners, 25 engages in sexual penetration with a person who the offender knows is committed to 26 the custody of the Department of Corrections to serve a term of imprisonment or 27 period of temporary commitment; 28 (3) engages in sexual penetration with a person 18 or 19 years of age 29 who the offender knows is committed to the custody of the Department of Health and 30 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 31 the person; [OR]
01 (4) while employed in the state by a law enforcement agency as peace 02 officer, or while acting as a peace officer in the state, engages in sexual penetration 03 with a person with reckless disregard that the person is in the custody or the apparent 04 custody of the offender, or is committed to the custody of a law enforcement agency; 05 (5) while employed by the state or a municipality as a probation 06 officer or parole officer, or while acting as a probation officer or parole officer in 07 the state, engages in sexual penetration with a person with reckless disregard that 08 the person is on probation or parole; or 09 (6) while employed as a juvenile probation officer or as a juvenile 10 facility staff, engages in sexual penetration with a person 18 or 19 years of age 11 with reckless disregard that the person is committed to the custody or 12 probationary supervision of the Department of Health and Social Services. 13 * Sec. 4. AS 11.41.425(b) is repealed and reenacted to read: 14 (b) In this section, 15 (1) "juvenile facility staff" means a person employed in a juvenile 16 detention or treatment facility; 17 (2) "juvenile probation officer" means a person assigned to supervise 18 another person 18 or 19 years of age who is committed to the probationary supervision 19 of the Department of Health and Social Services; 20 (3) "parole officer" has the meaning given in AS 18.65.290; 21 (4) "peace officer" has the meaning given in AS 01.10.060; 22 (5) "probation officer" includes a person 23 (A) defined as a probation officer in AS 18.65.290; or 24 (B) who supervises a participant in a specialty court, including 25 a therapeutic or wellness court addressing alcohol or drug use, a court 26 addressing the needs of veterans, an adult or juvenile mental health court, a 27 fetal alcohol spectrum court, or a family care or preservation court. 28 * Sec. 5. AS 11.41.427(a) is amended to read: 29 (a) An offender commits the crime of sexual assault in the fourth degree if 30 (1) while employed in a state correctional facility or other placement 31 designated by the commissioner of corrections for the custody and care of prisoners,
01 the offender engages in sexual contact with a person who the offender knows is 02 committed to the custody of the Department of Corrections to serve a term of 03 imprisonment or period of temporary commitment; 04 (2) the offender engages in sexual contact with a person 18 or 19 years 05 of age who the offender knows is committed to the custody of the Department of 06 Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal 07 guardian of the person; [OR] 08 (3) while employed in the state by a law enforcement agency as a 09 peace officer, or while acting as a peace officer in the state, the offender engages in 10 sexual contact with a person with reckless disregard that the person is in the custody or 11 the apparent custody of the offender, or is committed to the custody of a law 12 enforcement agency; 13 (4) while employed by the state or a municipality as a probation 14 officer or parole officer, or while acting as a probation officer or parole officer in 15 the state, engages in sexual contact with a person with reckless disregard that the 16 person is on probation or parole; or 17 (5) while employed as a juvenile probation officer or as a juvenile 18 facility staff, engages in sexual contact with a person 18 or 19 years of age with 19 reckless disregard that the person is committed to the custody or probationary 20 supervision of the Department of Health and Social Services. 21 * Sec. 6. AS 11.41.427(b) is repealed and reenacted to read: 22 (b) In this section, 23 (1) "juvenile facility staff" has the meaning given in AS 11.41.425; 24 (2) "juvenile probation officer" has the meaning given in 25 AS 11.41.425; 26 (3) "parole officer" has the meaning given in AS 18.65.290; 27 (4) "peace officer" has the meaning given in AS 01.10.060; 28 (5) "probation officer has the meaning given in AS 11.41.425. 29 * Sec. 7. AS 11.56.750(a) is amended to read: 30 (a) A person commits the crime of unlawful contact in the first degree if the 31 person
01 (1) has been ordered not to contact a victim or witness of the offense 02 [AS] 03 (A) as part of a sentence imposed under AS 12.55.015; or 04 (B) as a condition of 05 (i) release under AS 12.30; 06 (ii) probation under AS 12.55.101; [OR] 07 (iii) parole under AS 33.16.150; or 08 (C) while under official detention; and 09 (2) either directly or indirectly, knowingly contacts or attempts to 10 contact the victim or witness in violation of the order. 11 * Sec. 8. AS 11.66.145 is amended to read: 12 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 13 received or derived from, a violation of AS 11.66.100(a)(2), 11.66.100(c), 14 [AS 11.66.100(c)] or 11.66.110 - 11.66.135 shall be forfeited. 15 * Sec. 9. AS 12.10.010 is amended to read: 16 Sec. 12.10.010. General time limitations. (a) Prosecution for the following 17 offenses may be commenced at any time: 18 (1) murder; 19 (2) attempt, solicitation, or conspiracy to commit murder or hindering 20 the prosecution of murder; 21 (3) felony sexual abuse of a minor; 22 (4) sexual assault that is an unclassified, class A, or class B felony or a 23 violation of AS 11.41.425(a)(2) - (6) [(4)]; 24 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 25 [AS 11.66.110 - 11.66.130,] or former AS 11.41.430, when committed against a 26 person who, at the time of the offense, was under 18 years of age; 27 (6) kidnapping; 28 (7) distribution of child pornography in violation of AS 11.61.125; 29 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 30 unclassified, class A, or class B felony or that is committed against a person who, 31 at the time of the offense, was under 20 years of age;
01 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 02 (b) Except as otherwise provided by law or in (a) of this section, a person may 03 not be prosecuted, tried, or punished for an offense unless the indictment is found or 04 the information or complaint is instituted not later than 05 (1) 10 years after the commission of a felony offense in violation of 06 AS 11.41.120 - 11.41.330 [AS 11.41.120 - 11.41.370], 11.41.425(a)(1), or 11.41.450 - 07 11.41.458; or 08 (2) five years after the commission of any other offense. 09 * Sec. 10. AS 12.30.027(a) is amended to read: 10 (a) Before ordering release before or after trial, or pending appeal, of a person 11 charged with or convicted of a crime involving domestic violence, the judicial officer 12 shall consider the safety of the victim or other household member. To protect the 13 victim, household member, other persons, and the community and to reasonably 14 assure the person's appearance, the judicial officer shall impose conditions required 15 under AS 12.30.011, and may impose any of the conditions authorized under 16 AS 12.30.011, any of the provisions of AS 18.66.100(c)(1) - (7), [AND] (11), and 17 (17), and any other condition necessary to protect the victim, household member, other 18 persons, and the community, and to ensure the appearance of the person in court, 19 including ordering the person to refrain from the consumption of alcohol. 20 * Sec. 11. AS 12.30.027(e) is amended to read: 21 (e) A person arrested for a crime involving domestic violence or for violation 22 of a condition of release in connection with a crime involving domestic violence 23 may not be released from custody until the person has appeared in person before a 24 judicial officer or telephonically for arraignment. 25 * Sec. 12. AS 12.37.010 is amended to read: 26 Sec. 12.37.010. Authorization to intercept communications. The attorney 27 general, or a person designated in writing or by law to act for the attorney general, 28 may authorize, in writing, an ex parte application to a court of competent jurisdiction 29 for an order authorizing the interception of a private communication if the interception 30 may provide evidence of, or may assist in the apprehension of persons who have 31 committed, are committing, or are planning to commit, the following offenses:
01 (1) murder in the first or second degree under AS 11.41.100 - 02 11.41.110; 03 (2) kidnapping under AS 11.41.300; [OR] 04 (3) a class A or unclassified felony drug offense under AS 11.71; 05 (4) sex trafficking in the first degree or second degree under 06 AS 11.66.110 and 11.66.120; or 07 (5) human trafficking in the first degree under AS 11.41.360. 08 * Sec. 13. AS 12.45.045(a) is amended to read: 09 (a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse 10 of a minor in any degree, [OR] unlawful exploitation of a minor, or an attempt to 11 commit any of these crimes, evidence of the complaining witness' [PREVIOUS] 12 sexual conduct, occurring either before or after the offense charged, may not be 13 admitted nor may reference be made to it in the presence of the jury except as 14 provided in this section. When the defendant seeks to admit the evidence for any 15 purpose, the defendant shall apply for an order of the court not later than five days 16 [AT ANY TIME] before [OR DURING THE] trial [OR PRELIMINARY HEARING]. 17 The defendant may apply for an order during trial if the request is based on 18 evidence admitted at trial that was not available to the defendant before trial. 19 After the application is made, the court shall conduct a hearing in camera to determine 20 the admissibility of the evidence. If the court finds that evidence offered by the 21 defendant regarding the sexual conduct of the complaining witness is relevant, and 22 that the probative value of the evidence offered is not outweighed by the probability 23 that its admission will create undue prejudice, confusion of the issues, or unwarranted 24 invasion of the privacy of the complaining witness, the court shall make an order 25 stating what evidence may be introduced and the nature of the questions that may be 26 permitted. The defendant may then offer evidence under the order of the court. 27 * Sec. 14. AS 12.50.101(g) is amended to read: 28 (g) At the hearing under (f) of this section, the attorney for the witness, in the 29 form of a proffer, shall describe the testimony or other information that the witness 30 claims is privileged. The proffer must include a description of how the testimony or 31 other information could connect the witness with a crime. The court shall conduct a
01 personal inquiry under oath of the witness concerning the facts giving rise to the 02 claim or claims of privilege in the proffer. The proffer and the testimony of the 03 witness are [IS] privileged and inadmissible for any other purpose. If the proffer and 04 the testimony establish [ESTABLISHES] a factual basis that there is a real or 05 substantial danger that the testimony or other information to be compelled would 06 support a conviction or would furnish a link in the chain of evidence leading to 07 conviction for a crime, the court may find that the witness has a valid claim of 08 privilege. 09 * Sec. 15. AS 12.50.101 is amended by adding a new subsection to read: 10 (j) If the court finds after a hearing under (f) of this section and the personal 11 inquiry under (g) of this section, that the witness has a valid claim of privilege, the 12 court shall enter its findings of fact and conclusions of law in a sealed, written order 13 that explains the real or substantial danger that the proffer or testimony would support 14 a conviction or would furnish a link in the chain of evidence leading to conviction for 15 a crime. The attorney general may bring an immediate, interlocutory appeal of the 16 court's decision to the court of appeals. The court issuing the order appealed under this 17 section shall stay its proceeding while the appeal is pending. 18 * Sec. 16. AS 12.55.025 is amended by adding a new subsection to read: 19 (k) If a defendant intends to claim credit toward a sentence of imprisonment 20 for time spent in a treatment program as a condition of bail under AS 12.55.027 in 21 connection with the offense for which the defendant is being sentenced, the defendant 22 shall file notice with the court and the prosecuting authority 10 days before the 23 sentencing hearing. The notice shall include the number of days the defendant is 24 claiming. The defendant must prove by a preponderance of evidence that the 25 requirements of AS 12.55.027 are met before the credit may be awarded. A court may 26 not consider a request for credit made after the sentencing hearing. 27 * Sec. 17. AS 12.55.027 is amended by adding a new subsection to read: 28 (e) If a defendant intends to claim credit toward a sentence of imprisonment 29 for time spent in a treatment program either as a condition of probation or a condition 30 of bail release after a petition to revoke probation has been filed, the defendant shall 31 file notice with the court and the prosecuting authority 10 days before the disposition
01 hearing. The notice shall include the amount of time the defendant is claiming. The 02 defendant must prove that the credit claimed meets the requirements of this section by 03 a preponderance of evidence. A court may not consider a request for credit made after 04 the disposition hearing. 05 * Sec. 18. AS 12.55.085(f) is amended to read: 06 (f) The court may not suspend the imposition of sentence of a person who 07 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 08 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, [OR] 09 AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135; 10 (2) uses a firearm in the commission of the offense for which the 11 person is convicted; or 12 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 13 and the person has one or more prior convictions for a misdemeanor violation of 14 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 15 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 16 felony in this state; for the purposes of this paragraph, a person shall be considered to 17 have a prior conviction even if that conviction has been set aside under (e) of this 18 section or under the equivalent provision of the laws of another jurisdiction. 19 * Sec. 19. AS 12.55.127 is amended by adding a new subsection to read: 20 (e) If the defendant is being sentenced for two or more crimes of distribution 21 of child pornography under AS 11.61.125, possession of child pornography under 22 AS 11.61.127, or distribution of indecent material to minors under AS 11.61.128, a 23 consecutive term of imprisonment shall be imposed for some additional term of 24 imprisonment for each additional crime or each additional attempt or solicitation to 25 commit the offense. 26 * Sec. 20. AS 12.55.165 is amended by adding a new subsection to read: 27 (c) A court may not refer a case to a three-judge panel under (a) of this section 28 if the defendant is being sentenced for a sexual felony under AS 12.55.125(i) and the 29 request for the referral is based on the claim that the defendant, either singly or in 30 combination, 31 (1) has prospects for rehabilitation that are less than extraordinary;
01 (2) is a youthful offender; or 02 (3) does not have a history of unprosecuted, undocumented, or 03 undetected sexual offenses. 04 * Sec. 21. AS 12.55.175 is amended by adding a new subsection to read: 05 (f) A defendant being sentenced for a sexual felony under AS 12.55.125(i) 06 may not establish, nor may the three-judge panel find under (b) of this section or any 07 other provision of law, that manifest injustice would result from imposition of a 08 sentence within the presumptive range of law by a showing that the defendant, either 09 singly or in combination, 10 (1) has prospects for rehabilitation that are less than extraordinary; 11 (2) is a youthful offender; or 12 (3) does not have a history of unprosecuted, undocumented, or 13 undetected sexual offenses. 14 * Sec. 22. AS 12.55.185(16) is amended to read: 15 (16) "sexual felony" means sexual assault in the first degree, sexual 16 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault 17 in the second degree, sexual abuse of a minor in the second degree, unlawful 18 exploitation of a minor, distribution of child pornography, sexual assault in the third 19 degree, incest, indecent exposure in the first degree, possession of child pornography, 20 online enticement of a minor, and felony attempt, conspiracy, or solicitation to 21 commit those crimes; 22 * Sec. 23. AS 12.63.100(6) is amended to read: 23 (6) "sex offense" means 24 (A) a crime under AS 11.41.100(a)(3), or a similar law of 25 another jurisdiction, in which the person committed or attempted to commit a 26 sexual offense, or a similar offense under the laws of the other jurisdiction; in 27 this subparagraph, "sexual offense" has the meaning given in 28 AS 11.41.100(a)(3); 29 (B) a crime under AS 11.41.110(a)(3), or a similar law of 30 another jurisdiction, in which the person committed or attempted to commit 31 one of the following crimes, or a similar law of another jurisdiction:
01 (i) sexual assault in the first degree; 02 (ii) sexual assault in the second degree; 03 (iii) sexual abuse of a minor in the first degree; or 04 (iv) sexual abuse of a minor in the second degree; or 05 (C) a crime, or an attempt, solicitation, or conspiracy to commit 06 a crime, under the following statutes or a similar law of another jurisdiction: 07 (i) AS 11.41.410 - 11.41.438; 08 (ii) AS 11.41.440(a)(2); 09 (iii) AS 11.41.450 - 11.41.458; 10 (iv) AS 11.41.460 if the indecent exposure is before a 11 person under 16 years of age and the offender has a previous conviction 12 for that offense; 13 (v) AS 11.61.125 - 11.61.128; 14 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 15 was induced or caused to engage in prostitution was under 20 [16 or 16 17] years of age at the time of the offense; 17 (vii) former AS 11.15.120, former 11.15.134, or assault 18 with the intent to commit rape under former AS 11.15.160, former 19 AS 11.40.110, or former 11.40.200; [OR] 20 (viii) AS 11.61.118(a)(2) if the offender has a previous 21 conviction for that offense; or 22 (ix) AS 11.66.100(a)(2) if the offender is subject to 23 punishment under AS 11.66.100(c); 24 * Sec. 24. AS 18.65.850(c) is amended to read: 25 (c) A protective order issued under this section may 26 (1) prohibit the respondent from threatening to commit or committing 27 stalking or sexual assault; 28 (2) prohibit the respondent from telephoning, contacting, or otherwise 29 communicating directly or indirectly with the petitioner or a designated household 30 member of the petitioner specifically named by the court; 31 (3) direct the respondent to stay away from the residence, school, or
01 place of employment of the petitioner, or any specified place frequented by the 02 petitioner; however, the court may order the respondent to stay away from the 03 respondent's own residence, school, or place of employment only if the respondent has 04 been provided actual notice of the opportunity to appear and be heard on the petition; 05 (4) order the respondent to participate in a monitoring program 06 with a global positioning device or similar technological means that meet the 07 guidelines for a monitoring program adopted by the Department of Public 08 Safety; 09 (5) order other relief the court determines to be necessary to protect the 10 petitioner or the designated household member. 11 * Sec. 25. AS 18.66.100(b) is amended to read: 12 (b) When a petition for a protective order is filed, the court shall schedule a 13 hearing and provide at least 10 days' notice to the respondent of the hearing and of the 14 respondent's right to appear and be heard, either in person or by an attorney. If the 15 court finds by a preponderance of evidence that the respondent has committed a crime 16 involving domestic violence against the petitioner, regardless of whether the 17 respondent appears at the hearing, the court may order any relief available under (c) of 18 this section. The provisions of a protective order issued under 19 (1) (c)(1) of this section are effective until further order of the court; 20 (2) (c)(2) - (17) [(16)] of this section are effective for one year unless 21 earlier dissolved by court order. 22 * Sec. 26. AS 18.66.100(c) is amended to read: 23 (c) A protective order under this section may 24 (1) prohibit the respondent from threatening to commit or committing 25 domestic violence, stalking, or harassment; 26 (2) prohibit the respondent from telephoning, contacting, or otherwise 27 communicating directly or indirectly with the petitioner; 28 (3) remove and exclude the respondent from the residence of the 29 petitioner, regardless of ownership of the residence; 30 (4) direct the respondent to stay away from the residence, school, or 31 place of employment of the petitioner or any specified place frequented by the
01 petitioner or any designated household member; 02 (5) prohibit the respondent from entering a propelled vehicle in the 03 possession of or occupied by the petitioner; 04 (6) prohibit the respondent from using or possessing a deadly weapon 05 if the court finds the respondent was in the actual possession of or used a weapon 06 during the commission of domestic violence; 07 (7) direct the respondent to surrender any firearm owned or possessed 08 by the respondent if the court finds that the respondent was in the actual possession of 09 or used a firearm during the commission of the domestic violence; 10 (8) request a peace officer to accompany the petitioner to the 11 petitioner's residence to ensure that the petitioner 12 (A) safely obtains possession of the petitioner's residence, 13 vehicle, or personal items; and 14 (B) is able to safely remove a vehicle or personal items from 15 the petitioner's residence; 16 (9) award temporary custody of a minor child to the petitioner and may 17 arrange for visitation with a minor child if the safety of the child and the petitioner can 18 be protected; if visitation is allowed, the court may order visitation under the 19 conditions provided in AS 25.20.061; 20 (10) give the petitioner possession and use of a vehicle and other 21 essential personal items, regardless of ownership of the items; 22 (11) prohibit the respondent from consuming controlled substances; 23 (12) require the respondent to pay support for the petitioner or a minor 24 child in the care of the petitioner if there is an independent legal obligation of the 25 respondent to support the petitioner or child; 26 (13) require the respondent to reimburse the petitioner or other person 27 for expenses associated with the domestic violence, including medical expenses, 28 counseling, shelter, and repair or replacement of damaged property; 29 (14) require the respondent to pay costs and fees incurred by the 30 petitioner in bringing the action under this chapter; 31 (15) order the respondent, at the respondent's expense, to participate in
01 (A) a program for the rehabilitation of perpetrators of domestic violence that meets the 02 standards set by, and that is approved by, the Department of Corrections under 03 AS 44.28.020(b), or (B) treatment for the abuse of alcohol or controlled substances, or 04 both; a protective order under this section may not require a respondent to participate 05 in a program for the rehabilitation of perpetrators of domestic violence unless the 06 program meets the standards set by, and that is approved by, the Department of 07 Corrections under AS 44.28.020(b); 08 (16) order other relief the court determines necessary to protect the 09 petitioner or any household member; 10 (17) order the respondent to participate in a monitoring program 11 with a global positioning device or similar technological means that meet the 12 guidelines for a monitoring program adopted by the Department of Public 13 Safety. 14 * Sec. 27. AS 18.66.130(d) is amended to read: 15 (d) In addition to other required information contained in a protective order, 16 the order must include in bold face type the following statements: 17 (1) "Violation of this order may be a misdemeanor, punishable by up 18 to one year of incarceration and up to a $10,000 [$5,000] fine"; 19 (2) "If you are ordered to have no contact with the petitioner or to stay 20 away from the petitioner's residence, vehicle, or other place designated by the court, 21 an invitation by the petitioner to have the prohibited contact or to be present at or enter 22 the residence, vehicle, or other place does not in any way invalidate or nullify the 23 order." 24 * Sec. 28. AS 18.66.250(5) is amended to read: 25 (5) "victim counseling center" means a private organization, military 26 organization, or a local government agency that 27 (A) has as one of its primary purposes the provision of direct 28 services to victims for trauma resulting from a sexual assault or domestic 29 violence; 30 (B) is not affiliated with a law enforcement agency or a 31 prosecutor's office; and
01 (C) is not on contract with the state to provide services under 02 AS 47; 03 * Sec. 29. AS 18.67.101 is amended to read: 04 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 05 board may order the payment of compensation in accordance with the provisions of 06 this chapter for personal injury or death that resulted from 07 (1) an attempt on the part of the applicant to prevent the commission of 08 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 09 officer to do so, or aiding a victim of crime; or 10 (2) the commission or attempt on the part of one other than the 11 applicant to commit any of the following offenses: 12 (A) murder in any degree; 13 (B) manslaughter; 14 (C) criminally negligent homicide; 15 (D) assault in any degree; 16 (E) kidnapping; 17 (F) sexual assault in any degree; 18 (G) sexual abuse of a minor; 19 (H) robbery in any degree; 20 (I) threats to do bodily harm; 21 (J) driving while under the influence of an alcoholic beverage, 22 inhalant, or controlled substance or another crime resulting from the operation 23 of a motor vehicle, boat, or airplane when the offender is under the influence 24 of an alcoholic beverage, inhalant, or controlled substance; [OR] 25 (K) arson in the first degree; 26 (L) sex trafficking in violation of AS 11.66.110 or 27 11.66.130(b)(2); 28 (M) human trafficking in any degree; or 29 (N) unlawful exploitation of a minor. 30 * Sec. 30. AS 22.10.150 is amended to read: 31 Sec. 22.10.150. Approval or rejection. Each superior court judge is subject to
01 approval or rejection as provided in AS 15 (Alaska Election Code). The judicial 02 council shall conduct an evaluation of each judge before the retention election and 03 shall provide to the public information about the judge and may provide a 04 recommendation regarding retention or rejection. The information and any 05 recommendation shall be made public at least 60 days before the retention election. 06 The information shall include data on the judge's compliance with 07 AS 12.55.025(a)(5) when imposing sentence on persons convicted of a felony 08 offense. The judicial council shall also provide the information and any 09 recommendation to the office of the lieutenant governor in time for publication in the 10 election pamphlet under AS 15.58.050. If a majority of those voting on the question 11 rejects the candidacy of a judge, the rejected judge may not for a period of four years 12 thereafter be appointed to fill any vacancy in the supreme court, court of appeals, 13 superior court, or district courts of the state. 14 * Sec. 31. AS 33.20.010(a) is amended to read: 15 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 16 convicted of an offense against the state or a political subdivision of the state and 17 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction 18 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 19 follows the rules of the correctional facility in which the prisoner is confined. A 20 prisoner is not eligible for a good time deduction if the prisoner has been sentenced 21 (1) to a mandatory 99-year term of imprisonment under 22 AS 12.55.125(a) after June 27, 1996; 23 (2) to a definite term under AS 12.55.125(l); or 24 (3) for a sexual felony under AS 12.55.125(i) 25 (A) and has one or more prior sexual felony convictions as 26 determined under AS 12.55.145(a)(4); or 27 (B) that is an unclassified or a class A felony. 28 * Sec. 32. AS 44.23.080(a) is amended to read: 29 (a) If there is reasonable cause to believe that an Internet service account has 30 been used in connection with a violation of AS 11.41.452, 11.41.455, or AS 11.61.125 31 - 11.61.128, and that the identity, address, and other information about the account
01 owner will assist in obtaining evidence that is relevant to the offense, a law 02 enforcement officer may apply to the attorney general or the attorney general's 03 designee for an administrative subpoena to obtain the business records of the Internet 04 service provider located inside or outside of the state. 05 * Sec. 33. AS 44.23.080(b) is amended to read: 06 (b) If an application meets the requirements of (a) of this section, the attorney 07 general or the attorney general's designee may issue an administrative subpoena to 08 the Internet service provider requiring the production of the following records: 09 (1) the name and other identifying information of the account holder; 10 (2) the address and physical location associated with the account; 11 (3) a description of the length of service, service start date, and types 12 of service associated with the account. 13 * Sec. 34. AS 44.23.080(e) is amended to read: 14 (e) If the Internet service provider refuses to obey a subpoena issued under (b) 15 of this section, the superior court may, upon application of the attorney general or the 16 attorney general's designee, issue an order requiring the Internet service provider to 17 appear at the office of the attorney general with the information described in the 18 subpoena. 19 * Sec. 35. AS 44.23.080 is amended by adding a new subsection to read: 20 (i) For purposes of this section, the attorney general's designee must be an 21 attorney employed by the Department of Law. 22 * Sec. 36. AS 47.10.086(c) is amended to read: 23 (c) The court may determine that reasonable efforts of the type described in 24 (a) of this section are not required if the court has found by clear and convincing 25 evidence that 26 (1) the parent or guardian has subjected the child to circumstances that 27 pose a substantial risk to the child's health or safety; these circumstances include 28 abandonment, sexual abuse, torture, chronic mental injury, or chronic physical harm; 29 (2) the parent or guardian has 30 (A) committed homicide under AS 11.41.100 - 11.41.130 of a 31 parent of the child or of a child;
01 (B) aided or abetted, attempted, conspired, or solicited under 02 AS 11.16 or AS 11.31 to commit a homicide described in (A) of this 03 paragraph; 04 (C) committed an assault that is a felony under AS 11.41.200 - 05 11.41.220 and results in serious physical injury to a child; or 06 (D) committed the conduct described in (A) - (C) of this 07 paragraph that violated a law or ordinance of another jurisdiction having 08 elements similar to an offense described in (A) - (C) of this paragraph; 09 (3) the parent or guardian has, during the 12 months preceding the 10 permanency hearing, failed to comply with a court order to participate in family 11 support services; 12 (4) the department has conducted a reasonably diligent search over a 13 time period of at least three months for an unidentified or absent parent and has failed 14 to identify and locate the parent; 15 (5) the parent or guardian is the sole caregiver of the child and the 16 parent or guardian has a mental illness or mental deficiency of such nature and 17 duration that, according to the statement of a psychologist or physician, the parent or 18 guardian will be incapable of caring for the child without placing the child at 19 substantial risk of physical or mental injury even if the department were to provide 20 family support services to the parent or guardian for 12 months; 21 (6) the parent or guardian has previously been convicted of a crime 22 involving a child in this state or in another jurisdiction and, after the conviction, the 23 child was returned to the custody of the parent or guardian and later removed because 24 of an additional substantiated report of physical or sexual abuse by the parent or 25 guardian; 26 (7) a child has suffered substantial physical harm as the result of 27 abusive or neglectful conduct by the parent or guardian or by a person known by the 28 parent or guardian and the parent or guardian knew or reasonably should have known 29 that the person was abusing the child; 30 (8) the parental rights of the parent have been terminated with respect 31 to another child because of child abuse or neglect, the parent has not remedied the
01 conditions or conduct that led to the termination of parental rights, and the parent has 02 demonstrated an inability to protect the child from substantial harm or the risk of 03 substantial harm; 04 (9) the child has been removed from the child's home on at least two 05 previous occasions, family support services were offered or provided to the parent or 06 guardian at those times, and the parent or guardian has demonstrated an inability to 07 protect the child from substantial harm or the risk of substantial harm; [OR] 08 (10) the parent or guardian is incarcerated and is unavailable to care 09 for the child during a significant period of the child's minority, considering the child's 10 age and need for care by an adult; or 11 (11) the parent or guardian 12 (A) has committed sexual abuse against the child or another 13 child of the parent or guardian; or 14 (B) is registered or required to register as a sex offender 15 under AS 12.63. 16 * Sec. 37. AS 47.17.020(a) is amended to read: 17 (a) The following persons who, in the performance of their occupational 18 duties, [OR] with respect to (8) of this subsection, in the performance of their 19 appointed duties, or with respect to (9) of this subsection, in performance of their 20 occupational or volunteer duties, have reasonable cause to suspect that a child has 21 suffered harm as a result of child abuse or neglect shall immediately report the harm to 22 the nearest office of the department: 23 (1) practitioners of the healing arts; 24 (2) school teachers and school administrative staff members of public 25 and private schools; 26 (3) peace officers and officers of the Department of Corrections; 27 (4) administrative officers of institutions; 28 (5) child care providers; 29 (6) paid employees of domestic violence and sexual assault programs, 30 and crisis intervention and prevention programs as defined in AS 18.66.990; 31 (7) paid employees of an organization that provides counseling or
01 treatment to individuals seeking to control their use of drugs or alcohol; 02 (8) members of a child fatality review team established under 03 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 04 under AS 47.14.300; 05 (9) athletic coaches. 06 * Sec. 38. AS 47.17.290 is amended by adding a new paragraph to read: 07 (17) "athletic coach" includes a paid or a volunteer leader or assistant 08 of a sports team in a public or private school, public or private postsecondary 09 institution, or sponsored by a state municipality, or other local government 10 organization, or a sports team that receives public funding. 11 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 DIRECT COURT RULE AMENDMENT. Rule 16(b), Alaska Rules of 14 Criminal Procedure, is amended by adding a new paragraph to read: 15 (9) Restriction on Availability of Certain Material or Property. 16 Notwithstanding (b)(1)(A)(iv) of this rule, the court shall deny any request by the 17 defendant to copy, photograph, duplicate, or otherwise reproduce any property or 18 material that may be illegal or prohibited under AS 11.41.455(a) or defined as "child 19 pornography" under 18 U.S.C. 2256, provided the prosecuting attorney makes the 20 property or material reasonably available for inspection by the defendant and defense 21 counsel. Property or material shall be considered to be made reasonably available to 22 the defendant or defense counsel if the prosecuting attorney provides, at a law 23 enforcement or prosecution facility, ample opportunity for inspection, viewing, and 24 examination of the property or material by the defendant, the defendant's attorney, and 25 any individual the defendant may seek to qualify to furnish expert testimony at trial. If 26 the defendant is not represented by counsel and demonstrates a need to view the 27 material, the court shall make arrangements for the defendant to be supervised while 28 viewing the material. If the defendant or the defendant's attorney identifies an expert 29 out of state who must view the material, the court shall make arrangements for the 30 court or the law enforcement agency that possesses it to send the material directly to 31 the expert.
01 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 32.1(b)(1), Alaska Rules of 04 Criminal Procedure, is amended to read: 05 (1) Contents and Filing. If the court directs the Department of 06 Corrections to prepare a presentence report, the report shall be filed with the court and 07 served on counsel at least 30 days before the sentencing hearing, or 30 days before the 08 presentencing hearing, if one is scheduled. The report shall contain all of the 09 defendant's prior criminal convictions and findings of delinquency and any other 10 information about the defendant's characteristics, financial condition, and the 11 circumstances affecting the defendant's behavior that may be helpful in fashioning the 12 defendant's sentence, a victim impact statement, and any other information required 13 by the judge. The court may not accept a report that does not include a victim's 14 impact statement, unless the report explains the reason why the victim or the 15 victim's representative could not be interviewed. The presentence report shall 16 comply with the Victims' Rights Act, AS 12.61.100 - 12.61.150 and AS 12.55.022. 17 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 DIRECT COURT RULE AMENDMENT. Rule 32.2(a), Alaska Rules of 20 Criminal Procedure, is amended to read: 21 (a) Consideration of Victim's Statement. If a victim as defined in 22 AS 12.55.185 prepares and submits a written statement, gives sworn testimony or 23 makes an unsworn oral presentation under AS 12.55.023, the court shall take the 24 content of the statement, testimony, or presentation into consideration when preparing 25 those elements of the sentencing report required by AS 12.55.025 that relate to the 26 effect of the offense on the victim, and when considering the need for restitution under 27 AS 12.55.045. The court also shall take the content of the victim's impact 28 statement in the presentence report into consideration in preparing the 29 sentencing report required under AS 12.55.025. The court also may take the content 30 of the statement, testimony, victim's impact statement, or presentation into 31 consideration for any other appropriate purpose.
01 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 404(b), Alaska Rules of 04 Evidence, is amended to read: 05 (b) Other Crimes, Wrongs, or Acts. 06 (1) Evidence of other crimes, wrongs, or acts is not admissible if the 07 sole purpose for offering the evidence is to prove the character of a person in order to 08 show that the person acted in conformity therewith. It is, however, admissible for 09 other purposes, including, but not limited to, proof of motive, opportunity, intent, 10 preparation, plan, knowledge, identity, or absence of mistake or accident. 11 (2) In a prosecution for a crime involving a physical or sexual assault 12 or abuse of a minor, evidence of other acts by the defendant toward the same or 13 another child is admissible if admission of the evidence is not precluded by another 14 rule of evidence and if the prior offenses 15 (i) [OCCURRED WITHIN THE 10 YEARS 16 PRECEDING THE DATE OF THE OFFENSE CHARGED; 17 (ii)] are similar to the offense charged; and 18 (ii) [(iii)] were committed upon persons similar to the 19 prosecuting witness. 20 (3) In a prosecution for a crime of sexual assault in any degree, 21 evidence of other sexual assaults or attempted sexual assaults by the defendant against 22 the same or another person is admissible if the defendant relies on a defense of 23 consent. In a prosecution for a crime of attempt to commit sexual assault in any 24 degree, evidence of other sexual assaults or attempted sexual assaults by the defendant 25 against the same or another person is admissible. 26 (4) In a prosecution for a crime involving domestic violence or of 27 interfering with a report of a crime involving domestic violence, evidence of other 28 crimes involving domestic violence by the defendant against the same or another 29 person or of interfering with a report of a crime involving domestic violence is 30 admissible. In this paragraph, "domestic violence" and "crime involving domestic 31 violence" have the meanings given in AS 18.66.990.
01 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 216(a), Alaska Rules of 04 Appellate Procedure, is amended to read: 05 (a) Scope. This rule applies to the following classes of appeals, and supersedes 06 the other appellate rules to the extent that they may be inconsistent with this rule: 07 (1) Extradition appeals; 08 (2) Peremptory challenge appeals; 09 (3) Claim of privilege appeal under AS 12.50.101(g). 10 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 DIRECT COURT RULE AMENDMENT. Rule 216(b), Alaska Rules of 13 Appellate Procedure, is amended by adding a new paragraph to read: 14 (3) A "claim of privilege appeal" is an appeal by the State of Alaska 15 from a finding after a hearing under AS 12.50.101(g) that a witness has a valid claim 16 of privilege. 17 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. (a) Sections 2 - 12, 18, 19, 23 - 27, and 31 - 36 of this Act apply to 20 offenses committed on or after the effective date of this Act. 21 (b) Sections 13 - 15, 20 - 22, 28, and 29 of this Act apply to offenses committed 22 before, on, or after the effective date of this Act. 23 (c) Section 16 of this Act applies to sentencing hearings on or after the effective date 24 of this Act. 25 (d) Section 17 of this Act applies to disposition hearings occurring in proceedings on 26 petitions to revoke probation filed on or after the effective date of this Act. 27 * Sec. 46. This Act takes effect July 1, 2013.