CSSB 22(JUD): "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 in a prosecution for stalking or a crime involving domestic violence or 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 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 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 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 forms for sexual assault, stalking, and domestic violence protective orders; 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, and Rules 404(a) and (b), Alaska Rules of Evidence; and providing for an effective date."
00 CS FOR SENATE BILL NO. 22(JUD) 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 in a 05 prosecution for stalking or a crime involving domestic violence or for violation of a 06 condition of release in connection with a crime involving domestic violence; relating to 07 interception of private communications for certain sex trafficking or human trafficking 08 offenses; relating to use of evidence of sexual conduct concerning victims of certain 09 crimes; 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 a treatment 11 program or while in other custody; relating to suspending imposition of sentence for sex 12 trafficking; relating to consecutive sentences for convictions of certain crimes involving
01 child pornography or indecent materials to minors; relating to the referral of sexual 02 felonies to a three-judge panel; relating to the definition of 'sexual felony' for sentencing 03 and probation for conviction of certain crimes; relating to the definition of 'sex offense' 04 regarding sex offender registration; relating to the definition of 'victim counseling 05 centers' for disclosure of certain communications concerning sexual assault or domestic 06 violence; relating to violent crimes compensation; relating to certain information in 07 retention election of judges concerning sentencing of persons convicted of felonies; 08 relating to remission of sentences for certain sexual felony offenders; relating to forms 09 for sexual assault, stalking, and domestic violence protective orders; relating to the 10 subpoena power of the attorney general in cases involving the use of an Internet service 11 account; relating to reasonable efforts in child-in-need-of-aid cases involving sexual 12 abuse or sex offender registration; relating to mandatory reporting by athletic coaches 13 of child abuse or neglect; making conforming amendments; amending Rules 16, 14 32.1(b)(1), and 32.2(a), Alaska Rules of Criminal Procedure, and Rules 404(a) and (b), 15 Alaska Rules of Evidence; and providing for an effective date." 16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 17 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 18 to read: 19 LEGISLATIVE FINDINGS AND INTENT FOR SECS. 21 AND 22 OF THIS ACT. 20 (a) The legislature reaffirms the findings made by the Senate letter of intent for ch. 14, SLA 21 2006, as published in the 2006 Senate Journal dated February 16, 2006, on pages 2207 - 2214. 22 (b) The legislature finds that 23 (1) in 2006, the legislature did not intend, by enacting ch. 14, SLA 2006, and 24 the legislature does not now intend to create new or additional means for a defendant 25 convicted of a sexual felony and sentenced under AS 12.55.125(i) to obtain referral to a three- 26 judge panel;
01 (2) the legislature did not, in 2006, intend nor does the legislature now intend 02 for a court to create new or additional means for a defendant convicted of a sexual felony and 03 sentenced under AS 12.55.125(i) to obtain referral to a three-judge panel. 04 (c) It is the intent of the legislature in AS 12.55.165, as amended by sec. 21 of this 05 Act, and AS 12.55.175, as amended by sec. 22 of this Act, to overturn the majority decision in 06 Collins v. State, 287 P.3d 791 (Alaska App. 2012), and to endorse the dissenting opinion in 07 the 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 a 02 peace officer, or while acting as a peace officer in the state, engages in sexual 03 penetration with a person with reckless disregard that the person is in the custody or 04 the apparent custody of the offender, or is committed to the custody of a law 05 enforcement agency; 06 (5) while employed by the state or a municipality of the state as a 07 probation officer or parole officer, or while acting as a probation officer or 08 parole officer in the state, engages in sexual penetration with a person with 09 reckless disregard that the person is on probation or parole; or 10 (6) while employed as a juvenile probation officer or as a juvenile 11 facility staff, engages in sexual penetration with a person 18 or 19 years of age 12 with reckless disregard that the person is committed to the custody or 13 probationary supervision of the Department of Health and Social Services. 14 * Sec. 4. AS 11.41.425(b) is repealed and reenacted to read: 15 (b) In this section, 16 (1) "juvenile facility staff" means a person employed in a juvenile 17 detention or treatment facility; 18 (2) "juvenile probation officer" means a person assigned to supervise 19 another person 18 or 19 years of age who is committed to the probationary supervision 20 of the Department of Health and Social Services; 21 (3) "parole officer" has the meaning given in AS 18.65.290; 22 (4) "peace officer" has the meaning given in AS 01.10.060; 23 (5) "probation officer" includes a 24 (A) probation officer as defined in AS 18.65.290; or 25 (B) person who supervises a participant in a specialty court, 26 including a therapeutic or wellness court addressing alcohol or drug use, a 27 court addressing the needs of veterans, an adult or juvenile mental health court, 28 a fetal alcohol spectrum disorder court, or a family care or preservation court. 29 * Sec. 5. AS 11.41.427(a) is amended to read: 30 (a) An offender commits the crime of sexual assault in the fourth degree if 31 (1) while employed in a state correctional facility or other placement
01 designated by the commissioner of corrections for the custody and care of prisoners, 02 the offender engages in sexual contact with a person who the offender knows is 03 committed to the custody of the Department of Corrections to serve a term of 04 imprisonment or period of temporary commitment; 05 (2) the offender engages in sexual contact with a person 18 or 19 years 06 of age who the offender knows is committed to the custody of the Department of 07 Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal 08 guardian of the person; [OR] 09 (3) while employed in the state by a law enforcement agency as a 10 peace officer, or while acting as a peace officer in the state, the offender engages in 11 sexual contact with a person with reckless disregard that the person is in the custody or 12 the apparent custody of the offender, or is committed to the custody of a law 13 enforcement agency; 14 (4) while employed by the state or a municipality of the state as a 15 probation officer or parole officer, or while acting as a probation officer or 16 parole officer in the state, engages in sexual contact with a person with reckless 17 disregard that the person is on probation or parole; or 18 (5) while employed as a juvenile probation officer or as a juvenile 19 facility staff, engages in sexual contact with a person 18 or 19 years of age with 20 reckless disregard that the person is committed to the custody or probationary 21 supervision of the Department of Health and Social Services. 22 * Sec. 6. AS 11.41.427(b) is repealed and reenacted to read: 23 (b) In this section, 24 (1) "juvenile facility staff" has the meaning given in AS 11.41.425; 25 (2) "juvenile probation officer" has the meaning given in 26 AS 11.41.425; 27 (3) "parole officer" has the meaning given in AS 18.65.290; 28 (4) "peace officer" has the meaning given in AS 01.10.060; 29 (5) "probation officer" has the meaning given in AS 11.41.425. 30 * Sec. 7. AS 11.41.432(a) is amended to read: 31 (a) It is a defense to a crime charged under AS 11.41.410(a)(3),
01 11.41.420(a)(2), 11.41.420(a)(3), [OR] 11.41.425, or 11.41.427 that the offender is 02 (1) mentally incapable; or 03 (2) married to the person and neither party has filed with the court for a 04 separation, divorce, or dissolution of the marriage. 05 * Sec. 8. AS 11.41.432 is amended by adding a new subsection to read: 06 (c) It is an affirmative defense to a crime charged under AS 11.41.425(a)(5) or 07 11.41.427(a)(4) that the offender and the person on probation or parole had, before the 08 person was placed on probation or parole, a dating relationship or a sexual 09 relationship, and the relationship continued until the date of the alleged offense. 10 * Sec. 9. AS 11.56.750(a) is amended to read: 11 (a) A person commits the crime of unlawful contact in the first degree if the 12 person 13 (1) has been ordered 14 (A) by the court not to contact a victim or witness of the 15 offense 16 (i) as [(A)] part of a sentence imposed under 17 AS 12.55.015; 18 (ii) as [OR (B)] a condition of [(i)] release under 19 AS 12.30 or [; (ii)] probation under AS 12.55.101; or 20 (iii) while under official detention; or 21 (B) as a condition of parole not to contact a victim or 22 witness of the offense under AS 33.16.150 [PAROLE UNDER 23 AS 33.16.150]; and 24 (2) either directly or indirectly, knowingly contacts or attempts to 25 contact the victim or witness in violation of the order. 26 * Sec. 10. AS 11.66.145 is amended to read: 27 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 28 received or derived from, a violation of AS 11.66.100 - 11.66.135 may 29 [AS 11.66.100(c) OR 11.66.110 - 11.66.135 SHALL] be forfeited at sentencing. 30 * Sec. 11. AS 12.10.010 is amended to read: 31 Sec. 12.10.010. General time limitations. (a) Prosecution for the following
01 offenses may be commenced at any time: 02 (1) murder; 03 (2) attempt, solicitation, or conspiracy to commit murder or hindering 04 the prosecution of murder; 05 (3) felony sexual abuse of a minor; 06 (4) sexual assault that is an unclassified, class A, or class B felony or a 07 violation of AS 11.41.425(a)(2) - (4); 08 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 09 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 10 who, at the time of the offense, was under 18 years of age; 11 (6) kidnapping; 12 (7) distribution of child pornography in violation of AS 11.61.125; 13 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 14 unclassified, class A, or class B felony or that is committed against a person who, 15 at the time of the offense, was under 20 years of age; 16 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 17 (b) Except as otherwise provided by law or in (a) of this section, a person may 18 not be prosecuted, tried, or punished for an offense unless the indictment is found or 19 the information or complaint is instituted not later than 20 (1) 10 years after the commission of a felony offense in violation of 21 AS 11.41.120 - 11.41.330 [AS 11.41.120 - 11.41.370], 11.41.425(a)(1), 22 11.41.425(a)(5), 11.41.425(a)(6), or 11.41.450 - 11.41.458; or 23 (2) five years after the commission of any other offense. 24 * Sec. 12. AS 12.30.016(e) is amended to read: 25 (e) In a prosecution charging the crime of stalking that is not a crime involving 26 domestic violence, a judicial officer may order the person to 27 (1) follow the provisions of any protective order to which the person is 28 respondent; 29 (2) refrain from contacting, in any manner, including by telephone or 30 electronic communication, the victim; 31 (3) engage in counseling; if available in the community, the judicial
01 officer shall require that counseling ordered include counseling about alternatives to 02 aggressive behavior; 03 (4) participate in a monitoring program with a global positioning 04 device or similar technological means that meets guidelines for a monitoring 05 program adopted by the Department of Corrections in consultation with the 06 Department of Public Safety. 07 * Sec. 13. AS 12.30.027(a) is amended to read: 08 (a) Before ordering release before or after trial, or pending appeal, of a person 09 charged with or convicted of a crime involving domestic violence, the judicial officer 10 shall consider the safety of the victim or other household member. To protect the 11 victim, household member, other persons, and the community and to reasonably 12 ensure [ASSURE] the person's appearance, the judicial officer 13 (1) shall impose conditions required under AS 12.30.011; 14 (2) [, AND] may impose any of the conditions authorized under 15 AS 12.30.011; 16 (3) may impose [,] any of the provisions of AS 18.66.100(c)(1) - (7) 17 and (11); 18 (4) may order the person to participate in a monitoring program 19 with a global positioning device or similar technological means that meets 20 guidelines for a monitoring program adopted by the Department of Corrections 21 in consultation with the Department of Public Safety; [,] and 22 (5) may impose any other condition necessary to protect the victim, 23 household member, other persons, and the community, and to ensure the appearance 24 of the person in court, including ordering the person to refrain from the consumption 25 of alcohol. 26 * Sec. 14. AS 12.30.027(e) is amended to read: 27 (e) A person arrested for a crime involving domestic violence or for violation 28 of a condition of release in connection with a crime involving domestic violence 29 may not be released from custody until the person has appeared in person before a 30 judicial officer or telephonically for arraignment. 31 * Sec. 15. AS 12.37.010 is amended to read:
01 Sec. 12.37.010. Authorization to intercept communications. The attorney 02 general, or a person designated in writing or by law to act for the attorney general, 03 may authorize, in writing, an ex parte application to a court of competent jurisdiction 04 for an order authorizing the interception of a private communication if the interception 05 may provide evidence of, or may assist in the apprehension of persons who have 06 committed, are committing, or are planning to commit, the following offenses: 07 (1) murder in the first or second degree under AS 11.41.100 - 08 11.41.110; 09 (2) kidnapping under AS 11.41.300; [OR] 10 (3) a class A or unclassified felony drug offense under AS 11.71; 11 (4) sex trafficking in the first or second degree under AS 11.66.110 12 and 11.66.120; or 13 (5) human trafficking in the first degree under AS 11.41.360. 14 * Sec. 16. AS 12.45.045(a) is amended to read: 15 (a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse 16 of a minor in any degree, [OR] unlawful exploitation of a minor, or an attempt to 17 commit any of these crimes, evidence of the [COMPLAINING WITNESS' 18 PREVIOUS] sexual conduct of the complaining witness, occurring either before or 19 after the offense charged, may not be admitted nor may reference be made to it in the 20 presence of the jury except as provided in this section. When the defendant seeks to 21 admit the evidence for any purpose, the defendant shall apply for an order of the court 22 not later than five days [AT ANY TIME] before [OR DURING THE] trial or at a 23 later time as the court may, for good cause, permit. The defendant may, for good 24 cause shown, apply for an order during trial if the request is based on 25 information learned after the deadline or during the trial [OR PRELIMINARY 26 HEARING]. After the application is made, the court shall conduct a hearing in camera 27 to determine the admissibility of the evidence. If the court finds that evidence offered 28 by the defendant regarding the sexual conduct of the complaining witness is relevant, 29 and that the probative value of the evidence offered is not outweighed by the 30 probability that its admission will create undue prejudice, confusion of the issues, or 31 unwarranted invasion of the privacy of the complaining witness, the court shall make
01 an order stating what evidence may be introduced and the nature of the questions that 02 may be permitted. The defendant may then offer evidence under the order of the court. 03 * Sec. 17. AS 12.55.025 is amended by adding new subsections to read: 04 (k) If a defendant intends to claim credit under AS 12.55.027 toward a 05 sentence of imprisonment for time spent in a treatment program as a condition of bail 06 in connection with an offense for which the defendant is being sentenced, the 07 defendant shall file notice with the court and the prosecutor 10 days before the 08 sentencing hearing. The notice shall include the number of days the defendant is 09 claiming. The defendant must prove by a preponderance of evidence that the 10 requirements of AS 12.55.027 are met before credit may be awarded. Except as 11 provided in (l) of this section, except for good cause, a court may not consider a 12 request for credit made under this subsection more than 90 days after the sentencing 13 hearing. 14 (l) If a defendant intends to claim credit under AS 12.55.027 toward a 15 sentence of imprisonment for time spent in a treatment program as a condition of bail 16 while pending appeal, the defendant shall file notice with the court and the prosecutor 17 not later than 90 days after return of the case to the trial court following appeal. The 18 notice shall include the number of days the defendant is claiming. The defendant must 19 prove by a preponderance of evidence that the requirements of AS 12.55.027 are met 20 before credit may be awarded. Except for good cause, the court may not consider a 21 request for credit made under this subsection after the deadline. 22 * Sec. 18. AS 12.55.027 is amended by adding a new subsection to read: 23 (e) If a defendant intends to claim credit toward a sentence of imprisonment 24 for time spent in a treatment program either as a condition of probation or as a 25 condition of bail release after a petition to revoke probation has been filed, the 26 defendant shall file notice with the court and the prosecutor 10 days before the 27 disposition hearing. The notice shall include the amount of time the defendant is 28 claiming. The defendant must prove by a preponderance of the evidence that the credit 29 claimed meets the requirements of this section. A court may not consider, except for 30 good cause, a request for credit made under this subsection more than 90 days after the 31 disposition hearing.
01 * Sec. 19. AS 12.55.085(f) is amended to read: 02 (f) The court may not suspend the imposition of sentence of a person who 03 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 04 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, [OR] 05 AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135; 06 (2) uses a firearm in the commission of the offense for which the 07 person is convicted; or 08 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 09 and the person has one or more prior convictions for a misdemeanor violation of 10 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 11 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 12 felony in this state; for the purposes of this paragraph, a person shall be considered to 13 have a prior conviction even if that conviction has been set aside under (e) of this 14 section or under the equivalent provision of the laws of another jurisdiction. 15 * Sec. 20. AS 12.55.127 is amended by adding a new subsection to read: 16 (e) If the defendant is being sentenced for two or more crimes of distribution 17 of child pornography under AS 11.61.125, possession of child pornography under 18 AS 11.61.127, or distribution of indecent material to minors under AS 11.61.128, a 19 consecutive term of imprisonment shall be imposed for some additional term of 20 imprisonment for each additional crime or each additional attempt or solicitation to 21 commit the offense. 22 * Sec. 21. AS 12.55.165 is amended by adding a new subsection to read: 23 (c) A court may not refer a case to a three-judge panel under (a) of this section 24 if the defendant is being sentenced for a sexual felony under AS 12.55.125(i) and the 25 request for the referral is based solely on the claim that the defendant, either singly or 26 in combination, has 27 (1) prospects for rehabilitation that are less than extraordinary; or 28 (2) a history free of unprosecuted, undocumented, or undetected sexual 29 offenses. 30 * Sec. 22. AS 12.55.175 is amended by adding a new subsection to read: 31 (f) A defendant being sentenced for a sexual felony under AS 12.55.125(i)
01 may not establish, nor may the three-judge panel find under (b) of this section or any 02 other provision of law, that manifest injustice would result from imposition of a 03 sentence within the presumptive range based solely on the claim that the defendant, 04 either singly or in combination, has 05 (1) prospects for rehabilitation that are less than extraordinary; or 06 (2) a history free of unprosecuted, undocumented, or undetected sexual 07 offenses. 08 * Sec. 23. AS 12.55.185(16) is amended to read: 09 (16) "sexual felony" means sexual assault in the first degree, sexual 10 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault 11 in the second degree, sexual abuse of a minor in the second degree, unlawful 12 exploitation of a minor, distribution of child pornography, sexual assault in the third 13 degree, incest, indecent exposure in the first degree, possession of child pornography, 14 online enticement of a minor, and felony attempt, conspiracy, or solicitation to 15 commit those crimes; 16 * Sec. 24. AS 12.63.100(6) is amended to read: 17 (6) "sex offense" means 18 (A) a crime under AS 11.41.100(a)(3), or a similar law of 19 another jurisdiction, in which the person committed or attempted to commit a 20 sexual offense, or a similar offense under the laws of the other jurisdiction; in 21 this subparagraph, "sexual offense" has the meaning given in 22 AS 11.41.100(a)(3); 23 (B) a crime under AS 11.41.110(a)(3), or a similar law of 24 another jurisdiction, in which the person committed or attempted to commit 25 one of the following crimes, or a similar law of another jurisdiction: 26 (i) sexual assault in the first degree; 27 (ii) sexual assault in the second degree; 28 (iii) sexual abuse of a minor in the first degree; or 29 (iv) sexual abuse of a minor in the second degree; or 30 (C) a crime, or an attempt, solicitation, or conspiracy to commit 31 a crime, under the following statutes or a similar law of another jurisdiction:
01 (i) AS 11.41.410 - 11.41.438; 02 (ii) AS 11.41.440(a)(2); 03 (iii) AS 11.41.450 - 11.41.458; 04 (iv) AS 11.41.460 if the indecent exposure is before a 05 person under 16 years of age and the offender has a previous conviction 06 for that offense; 07 (v) AS 11.61.125 - 11.61.128; 08 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 09 was induced or caused to engage in prostitution was under 20 [16 OR 10 17] years of age at the time of the offense; 11 (vii) former AS 11.15.120, former 11.15.134, or assault 12 with the intent to commit rape under former AS 11.15.160, former 13 AS 11.40.110, or former 11.40.200; [OR] 14 (viii) AS 11.61.118(a)(2) if the offender has a previous 15 conviction for that offense; or 16 (ix) AS 11.66.100(a)(2) if the offender is subject to 17 punishment under AS 11.66.100(c); 18 * Sec. 25. AS 18.65.865(b) is amended to read: 19 (b) The Alaska Court System shall prepare forms for petitions and protective 20 orders and instructions for their use by a person seeking a protective order under 21 AS 18.65.850 - 18.65.860. The forms must conform to the Alaska Rules of Civil 22 Procedure, except that information on the forms may be filled in by legible 23 handwriting. Filing fees may not be charged in any action seeking only the relief 24 provided in AS 18.65.850 - 18.65.870. Each protective order form must contain the 25 following warning in boldface type: "Violation of this order may be a misdemeanor, 26 punishable by up to one year of incarceration and a fine of up to $10,000 [$5,000]." 27 * Sec. 26. AS 18.66.130(d) is amended to read: 28 (d) In addition to other required information contained in a protective order, 29 the order must include in bold face type the following statements: 30 (1) "Violation of this order may be a misdemeanor, punishable by up 31 to one year of incarceration and up to a $10,000 [$5,000] fine";
01 (2) "If you are ordered to have no contact with the petitioner or to stay 02 away from the petitioner's residence, vehicle, or other place designated by the court, 03 an invitation by the petitioner to have the prohibited contact or to be present at or enter 04 the residence, vehicle, or other place does not in any way invalidate or nullify the 05 order." 06 * Sec. 27. AS 18.66.250(5) is amended to read: 07 (5) "victim counseling center" means a private organization, an 08 organization operated by or contracted by a branch of the armed forces of the 09 United States, or a local government agency that 10 (A) has, as one of its primary purposes, the provision of direct 11 services to victims for trauma resulting from a sexual assault or domestic 12 violence; 13 (B) is not affiliated with a law enforcement agency or a 14 prosecutor's office; and 15 (C) is not on contract with the state to provide services under 16 AS 47; 17 * Sec. 28. AS 18.67.101 is amended to read: 18 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 19 board may order the payment of compensation in accordance with the provisions of 20 this chapter for personal injury or death that resulted from 21 (1) an attempt on the part of the applicant to prevent the commission of 22 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 23 officer to do so, or aiding a victim of crime; or 24 (2) the commission or attempt on the part of one other than the 25 applicant to commit any of the following offenses: 26 (A) murder in any degree; 27 (B) manslaughter; 28 (C) criminally negligent homicide; 29 (D) assault in any degree; 30 (E) kidnapping; 31 (F) sexual assault in any degree;
01 (G) sexual abuse of a minor; 02 (H) robbery in any degree; 03 (I) threats to do bodily harm; 04 (J) driving while under the influence of an alcoholic beverage, 05 inhalant, or controlled substance or another crime resulting from the operation 06 of a motor vehicle, boat, or airplane when the offender is under the influence 07 of an alcoholic beverage, inhalant, or controlled substance; [OR] 08 (K) arson in the first degree; 09 (L) sex trafficking in violation of AS 11.66.110 or 10 11.66.130(a)(2); 11 (M) human trafficking in any degree; or 12 (N) unlawful exploitation of a minor. 13 * Sec. 29. AS 22.10.150 is amended to read: 14 Sec. 22.10.150. Approval or rejection. Each superior court judge is subject to 15 approval or rejection as provided in AS 15 (Alaska Election Code). The judicial 16 council shall conduct an evaluation of each judge before the retention election and 17 shall provide to the public information about the judge and may provide a 18 recommendation regarding retention or rejection. The information and any 19 recommendation shall be made public at least 60 days before the retention election. 20 The information shall include the judge's consideration of victims when imposing 21 sentence on persons convicted of felony offenses where the offenses involve 22 victims. The judicial council shall also provide the information and any 23 recommendation to the office of the lieutenant governor in time for publication in the 24 election pamphlet under AS 15.58.050. If a majority of those voting on the question 25 rejects the candidacy of a judge, the rejected judge may not for a period of four years 26 thereafter be appointed to fill any vacancy in the supreme court, court of appeals, 27 superior court, or district courts of the state. 28 * Sec. 30. AS 33.20.010(a) is amended to read: 29 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 30 convicted of an offense against the state or a political subdivision of the state and 31 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction
01 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 02 follows the rules of the correctional facility in which the prisoner is confined. A 03 prisoner is not eligible for a good time deduction if the prisoner has been sentenced 04 (1) to a mandatory 99-year term of imprisonment under 05 AS 12.55.125(a) after June 27, 1996; 06 (2) to a definite term under AS 12.55.125(l); or 07 (3) for a sexual felony under AS 12.55.125(i) 08 (A) and has one or more prior sexual felony convictions as 09 determined under AS 12.55.145(a)(4); or 10 (B) that is an unclassified or a class A felony. 11 * Sec. 31. AS 44.23.080(a) is amended to read: 12 (a) If there is reasonable cause to believe that an Internet service account has 13 been used in connection with a violation of AS 11.41.452, 11.41.455, or AS 11.61.125 14 - 11.61.128, and that the identity, address, and other information about the account 15 owner will assist in obtaining evidence that is relevant to the offense, a law 16 enforcement officer may apply to the attorney general or the attorney general's 17 designee for an administrative subpoena to obtain the business records of the Internet 18 service provider located inside or outside of the state. 19 * Sec. 32. AS 44.23.080(b) is amended to read: 20 (b) If an application meets the requirements of (a) of this section, the attorney 21 general or the attorney general's designee may issue an administrative subpoena to 22 the Internet service provider requiring the production of the following records: 23 (1) the name and other identifying information of the account holder; 24 (2) the address and physical location associated with the account; 25 (3) a description of the length of service, service start date, and types 26 of service associated with the account. 27 * Sec. 33. AS 44.23.080(e) is amended to read: 28 (e) If the Internet service provider refuses to obey a subpoena issued under (b) 29 of this section, the superior court may, upon application of the attorney general or the 30 attorney general's designee, issue an order requiring the Internet service provider to 31 appear at the office of the attorney general with the information described in the
01 subpoena. 02 * Sec. 34. AS 44.23.080 is amended by adding a new subsection to read: 03 (i) For purposes of this section, the attorney general's designee may be the 04 deputy attorney general of the division of the Department of Law that has 05 responsibility for civil cases or the division of the Department of Law that has 06 responsibility for criminal cases. 07 * Sec. 35. AS 47.10.086(c) is amended to read: 08 (c) The court may determine that reasonable efforts of the type described in 09 (a) of this section are not required if the court has found by clear and convincing 10 evidence that 11 (1) the parent or guardian has subjected the child to circumstances that 12 pose a substantial risk to the child's health or safety; these circumstances include 13 abandonment, sexual abuse, torture, chronic mental injury, or chronic physical harm; 14 (2) the parent or guardian has 15 (A) committed homicide under AS 11.41.100 - 11.41.130 of a 16 parent of the child or of a child; 17 (B) aided or abetted, attempted, conspired, or solicited under 18 AS 11.16 or AS 11.31 to commit a homicide described in (A) of this 19 paragraph; 20 (C) committed an assault that is a felony under AS 11.41.200 - 21 11.41.220 and results in serious physical injury to a child; or 22 (D) committed the conduct described in (A) - (C) of this 23 paragraph that violated a law or ordinance of another jurisdiction having 24 elements similar to an offense described in (A) - (C) of this paragraph; 25 (3) the parent or guardian has, during the 12 months preceding the 26 permanency hearing, failed to comply with a court order to participate in family 27 support services; 28 (4) the department has conducted a reasonably diligent search over a 29 time period of at least three months for an unidentified or absent parent and has failed 30 to identify and locate the parent; 31 (5) the parent or guardian is the sole caregiver of the child and the
01 parent or guardian has a mental illness or mental deficiency of such nature and 02 duration that, according to the statement of a psychologist or physician, the parent or 03 guardian will be incapable of caring for the child without placing the child at 04 substantial risk of physical or mental injury even if the department were to provide 05 family support services to the parent or guardian for 12 months; 06 (6) the parent or guardian has previously been convicted of a crime 07 involving a child in this state or in another jurisdiction and, after the conviction, the 08 child was returned to the custody of the parent or guardian and later removed because 09 of an additional substantiated report of physical or sexual abuse by the parent or 10 guardian; 11 (7) a child has suffered substantial physical harm as the result of 12 abusive or neglectful conduct by the parent or guardian or by a person known by the 13 parent or guardian and the parent or guardian knew or reasonably should have known 14 that the person was abusing the child; 15 (8) the parental rights of the parent have been terminated with respect 16 to another child because of child abuse or neglect, the parent has not remedied the 17 conditions or conduct that led to the termination of parental rights, and the parent has 18 demonstrated an inability to protect the child from substantial harm or the risk of 19 substantial harm; 20 (9) the child has been removed from the child's home on at least two 21 previous occasions, family support services were offered or provided to the parent or 22 guardian at those times, and the parent or guardian has demonstrated an inability to 23 protect the child from substantial harm or the risk of substantial harm; [OR] 24 (10) the parent or guardian is incarcerated and is unavailable to care 25 for the child during a significant period of the child's minority, considering the child's 26 age and need for care by an adult; or 27 (11) the parent or guardian 28 (A) has sexually abused the child or another child of the 29 parent or guardian; or 30 (B) is registered or required to register as a sex offender or 31 child kidnapper under AS 12.63.
01 * Sec. 36. AS 47.17.020(a) is amended to read: 02 (a) The following persons who, in the performance of their occupational 03 duties, [OR] with respect to (8) of this subsection, in the performance of their 04 appointed duties, or, with respect to (9) of this subsection, in performance of their 05 occupational or volunteer duties, have reasonable cause to suspect that a child has 06 suffered harm as a result of child abuse or neglect shall immediately report the harm to 07 the nearest office of the department: 08 (1) practitioners of the healing arts; 09 (2) school teachers and school administrative staff members of public 10 and private schools; 11 (3) peace officers and officers of the Department of Corrections; 12 (4) administrative officers of institutions; 13 (5) child care providers; 14 (6) paid employees of domestic violence and sexual assault programs, 15 and crisis intervention and prevention programs as defined in AS 18.66.990; 16 (7) paid employees of an organization that provides counseling or 17 treatment to individuals seeking to control their use of drugs or alcohol; 18 (8) members of a child fatality review team established under 19 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 20 under AS 47.14.300; 21 (9) athletic coaches. 22 * Sec. 37. AS 47.17.020 is amended by adding a new subsection to read: 23 (j) This section does not require an athletic coach who is an unpaid volunteer 24 to report child abuse or neglect under (a)(9) of this section unless the coach 25 (1) volunteers for more than 26 (A) four hours a week for four consecutive weeks; or 27 (B) 20 hours in a one-month period; 28 (2) has received the training required under AS 47.17.022 or other 29 training that is similar to the training required under AS 47.17.022; and 30 (3) has signed a form acknowledging that the coach is required to 31 report child abuse or neglect under this section.
01 * Sec. 38. AS 47.17.290 is amended by adding a new paragraph to read: 02 (17) "athletic coach" includes a paid or volunteer leader or assistant of 03 a sports team in a public or private school, in a public or private postsecondary 04 institution, or sponsored by a municipality of the state or other local government 05 organization, or of a sports team that receives public funding. 06 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 DIRECT COURT RULE AMENDMENT. Rule 16(b), Alaska Rules of 09 Criminal Procedure, is amended by adding a new paragraph to read: 10 (9) Restriction on Availability of Certain Material. Notwithstanding 11 (b)(1)(A)(iv) of this rule, the court shall deny any request by the defendant to copy, 12 photograph, duplicate, or otherwise reproduce any material prohibited under 13 AS 11.41.455(a) or defined as "child pornography" under 18 U.S.C. 2256, if the 14 prosecuting attorney makes the material reasonably available for inspection by the 15 defendant and defense counsel. The material shall be considered to be made 16 reasonably available to the defendant or defense counsel if the prosecuting attorney 17 provides, at a law enforcement or prosecution facility, ample opportunity for 18 inspection, viewing, and examination of the material by the defendant, the defendant's 19 attorney, and any individual the defendant may seek to qualify to furnish expert 20 testimony at trial. If the defendant is not represented by counsel and demonstrates a 21 need to view the material, the court shall make arrangements for the defendant to be 22 supervised while viewing the material. If the defendant or the defendant's attorney 23 identifies an expert outside the state who must view the material, the court shall make 24 arrangements for the court or the law enforcement agency that possesses it to send the 25 material directly to the expert. 26 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 DIRECT COURT RULE AMENDMENT. Rule 32.1(b)(1), Alaska Rules of 29 Criminal Procedure, is amended to read: 30 (1) Contents and Filing. If the court directs the Department of 31 Corrections to prepare a presentence report, the report shall be filed with the court and
01 served on counsel at least 30 days before the sentencing hearing, or 30 days before the 02 presentencing hearing, if one is scheduled. The report shall contain all of the 03 defendant's prior criminal convictions and findings of delinquency and any other 04 information about the defendant's characteristics, financial condition, and the 05 circumstances affecting the defendant's behavior that may be helpful in fashioning the 06 defendant's sentence, a victim impact statement, and any other information required by 07 the judge. If the crime involved a victim, the court may not accept a report that 08 does not include a victim's impact statement, unless the report explains the 09 reason why the victim or the victim's representative could not be interviewed. 10 The presentence report shall comply with the Victims' Rights Act, AS 12.61.100 - 11 12.61.150 and AS 12.55.022. 12 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 DIRECT COURT RULE AMENDMENT. Rule 32.2(a), Alaska Rules of 15 Criminal Procedure, is amended to read: 16 (a) Consideration of Victim's Statement. If a victim as defined in 17 AS 12.55.185 prepares and submits a written statement, gives sworn testimony or 18 makes an unsworn oral presentation under AS 12.55.023, the court shall take the 19 content of the statement, testimony, or presentation into consideration when preparing 20 those elements of the sentencing report required by AS 12.55.025 that relate to the 21 effect of the offense on the victim, and when considering the need for restitution under 22 AS 12.55.045. The court shall also take the content of the victim's impact 23 statement in the presentence report into consideration in preparing the 24 sentencing report required under AS 12.55.025. The court also may take the content 25 of the statement, testimony, victim's impact statement, or presentation into 26 consideration for any other appropriate purpose. 27 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 DIRECT COURT RULE AMENDMENT. Rule 404(b)(2), Alaska Rules of 30 Evidence, is amended to read: 31 (2) In a prosecution for a crime involving a physical or sexual assault
01 or abuse of a minor, evidence of other acts by the defendant toward the same or 02 another child is admissible if admission of the evidence is not precluded by another 03 rule of evidence and if the prior offenses 04 (i) [OCCURRED WITHIN THE 10 YEARS 05 PRECEDING THE DATE OF THE OFFENSE CHARGED; 06 (ii)] are similar to the offense charged; and 07 (ii) [(iii)] were committed upon persons similar to the 08 prosecuting witness. 09 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 INDIRECT COURT RULE AMENDMENT. AS 12.45.045(a), as amended by sec. 16 12 of this Act, has the effect of amending Rule 404(a), Alaska Rules of Evidence, by providing, 13 with some exceptions, that a defendant must request admission of certain evidence about the 14 complaining witness five days before trial and by applying the rule to the conduct of the 15 complaining witness after the alleged offense. 16 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. (a) Sections 2 - 15, 19, 20, 24, and 30 of this Act apply to offenses 19 committed on or after the effective date of this Act. 20 (b) Sections 16, 21 - 23, 27, and 28 of this Act apply to offenses committed before, 21 on, or after the effective date of this Act. 22 (c) Section 17 of this Act applies to sentencing hearings occurring on or after the 23 effective date of this Act. 24 (d) Section 18 of this Act applies to disposition hearings occurring in proceedings on 25 petitions to revoke probation filed on or after the effective date of this Act. 26 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 CONDITIONAL EFFECT. Section 16 of this Act, amending AS 12.45.045(a), takes 29 effect only if sec. 43 of this Act receives the two-thirds majority vote of each house required 30 by art. IV, sec. 15, Constitution of the State of Alaska. 31 * Sec. 46. This Act takes effect July 1, 2013.