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SCS CSHB 307(JUD) Detail
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SCS CSHB 307(JUD): "An Act requiring a person who commits certain offenses under the code of military justice to register as a sex offender or child kidnapper; relating to the Servicemembers Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial punishment of members of the organized militia; relating to offenses subject to court-martial proceedings and criminal prosecution; relating to the Department of Public Safety; and providing for an effective date."

00 SENATE CS FOR CS FOR HOUSE BILL NO. 307(JUD) 01 "An Act requiring a person who commits certain offenses under the code of military 02 justice to register as a sex offender or child kidnapper; relating to the Servicemembers 03 Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial 04 punishment of members of the organized militia; relating to offenses subject to court- 05 martial proceedings and criminal prosecution; relating to the Department of Public 06 Safety; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 12.63.100(1) is amended to read: 09 (1) "aggravated sex offense" means 10 (A) a crime under AS 11.41.100(a)(3), or a similar law of 11 another jurisdiction, in which the person committed or attempted to commit a 12 sexual offense, or a similar offense under the laws of the other jurisdiction; in 13 this subparagraph, "sexual offense" has the meaning given in

01 AS 11.41.100(a)(3); 02 (B) a crime under AS 11.41.110(a)(3), or a similar law of 03 another jurisdiction, in which the person committed or attempted to commit 04 one of the following crimes, or a similar law of another jurisdiction: 05 (i) sexual assault in the first degree; 06 (ii) sexual assault in the second degree; 07 (iii) sexual abuse of a minor in the first degree; or 08 (iv) sexual abuse of a minor in the second degree; [OR] 09 (C) a crime, or an attempt, solicitation, or conspiracy to commit 10 a crime, under AS 11.41.410, 11.41.434, or a similar law of another 11 jurisdiction or a similar provision under a former law of this state; or 12 (D) an offense, or an attempt, solicitation, or conspiracy to 13 commit an offense, under 14 (i) AS 26.05.890, or a similar law of another 15 jurisdiction, if the person engaged in or attempted to engage in 16 sexual penetration; or 17 (ii) AS 26.05.893, or a similar law of another 18 jurisdiction, if the prohibited sexual activity in which the member 19 of the militia engaged or attempted to engage is sexual penetration; 20 * Sec. 2. AS 12.63.100(2) is amended to read: 21 (2) "child kidnapping" means 22 (A) a crime under AS 11.41.100(a)(3), or a similar law of 23 another jurisdiction, in which the person committed or attempted to commit 24 kidnapping; 25 (B) a crime under AS 11.41.110(a)(3), or a similar law of 26 another jurisdiction, in which the person committed or attempted to commit 27 kidnapping if the victim was under 18 years of age at the time of the offense; 28 [OR] 29 (C) a crime, or an attempt, solicitation, or conspiracy to commit 30 a crime, under AS 11.41.300, or a similar law of another jurisdiction or a 31 similar provision under a former law of this state, if the victim was under 18

01 years of age at the time of the offense; or 02 (D) an offense, or an attempt, solicitation, or conspiracy to 03 commit an offense, under AS 26.05.935(b), or a similar law of another 04 jurisdiction, if the 05 (i) member of the militia commits the enumerated 06 offense of kidnapping, punishable under Article 134, 10 U.S.C. 934 07 (Uniform Code of Military Justice); and 08 (ii) victim was under 18 years of age at the time of 09 the offense; 10 * Sec. 3. AS 12.63.100(6) is amended to read: 11 (6) "sex offense" means 12 (A) a crime under AS 11.41.100(a)(3), or a similar law of 13 another jurisdiction, in which the person committed or attempted to commit a 14 sexual offense, or a similar offense under the laws of the other jurisdiction; in 15 this subparagraph, "sexual offense" has the meaning given in 16 AS 11.41.100(a)(3); 17 (B) a crime under AS 11.41.110(a)(3), or a similar law of 18 another jurisdiction, in which the person committed or attempted to commit 19 one of the following crimes, or a similar law of another jurisdiction: 20 (i) sexual assault in the first degree; 21 (ii) sexual assault in the second degree; 22 (iii) sexual abuse of a minor in the first degree; or 23 (iv) sexual abuse of a minor in the second degree; [OR] 24 (C) a crime, or an attempt, solicitation, or conspiracy to commit 25 a crime, under the following statutes or a similar law of another jurisdiction: 26 (i) AS 11.41.410 - 11.41.438; 27 (ii) AS 11.41.440(a)(2); 28 (iii) AS 11.41.450 - 11.41.458; 29 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 30 exposure is before a person under 16 years of age and the offender has 31 previously been convicted under AS 11.41.460 or AS 26.05.900(c)

01 [A PREVIOUS CONVICTION FOR THAT OFFENSE]; 02 (v) AS 11.61.125 - 11.61.128; 03 (vi) AS 11.66.110, [OR] 11.66.130(a)(2)(B), or 04 AS 26.05.900(b) if the person who was induced or caused to engage in 05 prostitution was under 20 years of age at the time of the offense; 06 (vii) former AS 11.15.120, former 11.15.134, or assault 07 with the intent to commit rape under former AS 11.15.160, former 08 AS 11.40.110, or former 11.40.200; 09 (viii) AS 11.61.118(a)(2) if the offender has a previous 10 conviction for that offense; [OR] 11 (ix) AS 11.66.100(a)(2) if the offender is subject to 12 punishment under AS 11.66.100(e); 13 (x) AS 26.05.890 if the person engaged in sexual 14 penetration or sexual contact with the victim; 15 (xi) AS 26.05.890 if, at the time of the offense, the 16 victim is under a duty to obey the lawful orders of the offender, 17 regardless of whether the offender is in the direct chain of 18 command over the victim; 19 (xii) AS 26.05.893 if the person engaged in sexual 20 penetration or sexual contact with the victim; 21 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 22 years of age at the time of the offense; or 23 (xiv) AS 26.05.900 if, at the time of the offense, the 24 victim is under a duty to obey the lawful orders of the offender, 25 regardless of whether the offender is in the direct chain of 26 command over the victim; or 27 (D) an offense, or an attempt, solicitation, or conspiracy to 28 commit an offense, under AS 26.05.935(b), or a similar law of another 29 jurisdiction, if the member of the militia commits one of the following 30 enumerated offenses punishable under Article 134, 10 U.S.C. 934 31 (Uniform Code of Military Justice):

01 (i) child pornography; or 02 (ii) pandering and prostitution if the person who is 03 induced, enticed, caused, or procured to engage in a sexual act is 04 under 20 years of age at the time of the offense; 05 * Sec. 4. AS 12.63.100 is amended by adding new paragraphs to read: 06 (8) "sexual contact" has the meaning given in AS 11.81.900; 07 (9) "sexual penetration" has the meaning given in AS 11.81.900. 08 * Sec. 5. AS 12.80.060(g) is amended to read: 09 (g) In this section, 10 (1) "correctional facility" has the meaning given in AS 33.30.901; 11 (2) "offense" means conduct subjecting a person to arrest as an adult 12 offender, or as a juvenile charged as an adult, 13 (A) due to a violation of a federal or state criminal law, the 14 Military Code of Alaska, or a municipal criminal ordinance; 15 (B) under AS 12.25.180; 16 (C) under AS 11.56.730; or 17 (D) under AS 12.70. 18 * Sec. 6. AS 18.65.087(a) is amended to read: 19 (a) The Department of Public Safety shall maintain a central registry of sex 20 offenders and child kidnappers and shall adopt regulations necessary to carry out the 21 purposes of this section and AS 12.63. A post of the Alaska state troopers or a 22 municipal police department that receives registration or change of address 23 information under AS 12.63.010 shall forward the information within five working 24 days after [OF] receipt to the central registry of sex offenders and child kidnappers. 25 Unless the sex offender or child kidnapper provides proof satisfactory to the 26 department that the sex offender or child kidnapper is not physically present in the 27 state or that the time limits described in AS 12.63.010 have passed, the Department of 28 Public Safety may enter and maintain in the registry information described in 29 AS 12.63.010 about a sex offender or child kidnapper that the department obtains from 30 (1) the sex offender or child kidnapper under AS 12.63; 31 (2) a post of the Alaska state troopers or a municipal police department

01 under this subsection; 02 (3) a court judgment under AS 12.55.148, AS 26.05.890(h), 03 26.05.893(d), 26.05.900(e), or 26.05.935(d); 04 (4) the Department of Corrections under AS 33.30.012 or 33.30.035; 05 (5) the Federal Bureau of Investigation or another sex offender 06 registration agency outside this state if the information indicates that a sex offender or 07 child kidnapper is believed to be residing or planning to reside in the state or cannot be 08 located; 09 (6) a criminal justice agency in the state or another jurisdiction; 10 (7) the department's central repository under AS 12.62; information 11 entered in the registry from the repository is not subject to the requirements of 12 AS 12.62.160(c)(3) or (4); 13 (8) the Department of Military and Veterans' Affairs; or 14 (9) [OR (8)] another reliable source as defined in regulations adopted 15 by the department. 16 * Sec. 7. AS 26.05.135 is amended to read: 17 Sec. 26.05.135. Applicability of Servicemembers Civil Relief Act to 18 members of the organized militia; contracts [SUSPENSION OF 19 ENFORCEMENT OF CIVIL LIABILITIES]. The provisions of 50 U.S.C. 3901 - 20 4043 (Servicemembers Civil Relief Act) [50 U.S.C. APP. 501 - 590,] pertaining to 21 consumer transactions and the temporary suspension of enforcement of civil 22 liabilities of persons in the military service of the United States [,] apply to members 23 of the organized militia [ALASKA NATIONAL GUARD AND ALASKA NAVAL 24 MILITIA] while on active duty for the state by order of the governor. 25 * Sec. 8. AS 26.05.135 is amended by adding new subsections to read: 26 (b) In addition to the rights and protections provided under 50 U.S.C. 3901 - 27 4043 (Servicemembers Civil Relief Act) and (a) of this section, a servicemember may 28 terminate a contract for any of the following services provided in this state if the 29 servicemember receives official orders to relocate for a period of military service of at 30 least 90 days to a location that does not support the contract and the servicemember 31 provides written notice to the service provider as required under (c) of this section:

01 (1) Internet services; 02 (2) athletic club or gym memberships; 03 (3) satellite radio services; or 04 (4) television services. 05 (c) To terminate a contract under (b) of this section, the servicemember shall 06 provide the service provider with (1) written notice that the servicemember is 07 terminating the contract and the date the contract terminates, and (2) proof of the 08 official orders calling the servicemember into active military service. If possible, the 09 servicemember shall provide the proof of the official orders at the same time the 10 servicemember provides written notice terminating the contract. If, because of military 11 necessity or other circumstances, the servicemember is unable to provide proof of 12 official orders at the time the servicemember provides written notice terminating the 13 contract, the servicemember shall provide proof of the official orders not more than 90 14 days after providing written notice terminating the contract. A termination of contract 15 under this section is effective on the later of the following: the termination date the 16 servicemember indicates in the written notice terminating the contract or the date the 17 servicemember provides the written notice terminating the contract. 18 (d) A servicemember who terminates a contract under this section may 19 reinstate the contract when the servicemember is no longer in active military service if 20 the servicemember provides written notice not later than 90 days after the active 21 military service ends. Not later than 30 days after receiving a written notice of 22 reinstatement of a contract under this subsection, a service provider shall resume 23 providing services under the contract to the servicemember or, if the services 24 previously provided are no longer available, shall provide substantially similar 25 services to the servicemember. 26 (e) A service provider may not charge to a servicemember a penalty, fee, or 27 other cost, or retain the deposit of a servicemember, who terminates a contract under 28 this section. A servicemember who terminates a contract under this section is not 29 liable for payment for any services after the effective date of the termination of a 30 contract under this section. 31 (f) In this section,

01 (1) "organized militia" includes the units of the militia described in 02 AS 26.05.010(b)(1); 03 (2) "servicemember" means a member of the armed forces of the 04 United States or a member of the organized militia of the state. 05 * Sec. 9. AS 26.05.360(b) is amended to read: 06 (b) The regulations adopted under this section must 07 (1) provide for nonjudicial punishment; the regulations for nonjudicial 08 punishment may not provide for confinement or separation from military service [OR 09 PROHIBIT A MEMBER OF THE MILITIA FROM DECLINING THE 10 IMPOSITION OF NONJUDICIAL PUNISHMENT IN FAVOR OF A COURT- 11 MARTIAL]; 12 (2) as the adjutant general and the governor consider practicable, apply 13 the principles of law and the rules of evidence and procedure governing military 14 criminal cases in the courts of the armed forces of the United States, but may not be 15 contrary to or inconsistent with this chapter or the applicable Alaska Rules of 16 Evidence; 17 (3) include rules of pretrial, trial, and post-trial procedure, including 18 methods of proof, for cases before courts-martial and courts of inquiry. 19 * Sec. 10. AS 26.05.555(a) is amended to read: 20 (a) A military judge or summary court-martial officer may punish for 21 contempt a person who 22 (1) uses a menacing word, sign, or gesture in its presence; 23 (2) [, OR WHO] disturbs its proceedings by any riot or disorder; or 24 (3) wilfully disobeys a lawful writ, process, order, rule, decree, or 25 command of the military judge or summary court-martial officer. 26 * Sec. 11. AS 26.05.590(a) is amended to read: 27 (a) A court-martial may not impose a punishment that exceeds the limits set 28 out in the code of military justice and may not impose a sentence of death. A sentence 29 of confinement imposed under this chapter may not exceed 10 years. An offense under 30 this chapter that is punishable by a term [FOR WHICH A SENTENCE] of 31 confinement [FOR A TERM] of more than one year [IS IMPOSED] is a felony

01 offense. Except for convictions by a summary court-martial and except as otherwise 02 specifically provided in the code of military justice, all other offenses under this 03 chapter [FOR WHICH A SENTENCE OF CONFINEMENT FOR A TERM OF ONE 04 YEAR OR LESS IS IMPOSED] are misdemeanors. A conviction by a summary 05 court-martial is a violation. 06 * Sec. 12. AS 26.05 is amended by adding a new section to read: 07 Sec. 26.05.697. Misprision of serious offense. A member of the militia who 08 (1) knows that another person has committed a serious offense, (2) wrongfully 09 conceals the commission of the offense, and (3) fails to make the commission of the 10 offense known to a civilian or military authority as soon as possible may be punished 11 by up to three years of confinement, by separation with characterization up to 12 dishonorable discharge, and by such other punishment as a court-martial may direct. 13 * Sec. 13. AS 26.05.700 is amended to read: 14 Sec. 26.05.700. Conviction of lesser included offense. An accused may be 15 found guilty of an offense necessarily included in the offense charged, [OR] of an 16 attempt to commit either the offense under this chapter charged or an offense 17 necessarily included in the offense charged, or of an offense designated by the 18 President of the United States, in the most recent Manual for Courts-Martial, 19 United States, as a presidentially prescribed lesser included offense under 10 20 U.S.C. 879. 21 * Sec. 14. AS 26.05.715 is amended by adding a new subsection to read: 22 (c) A member of the militia who solicits or advises another person to commit 23 an offense under this chapter, other than an offense specified in (a) or (b) of this 24 section, may be punished by confinement for up to the maximum punishment of the 25 underlying offense, by separation with characterization up to dishonorable discharge, 26 and by such other punishment as a court-martial may direct. 27 * Sec. 15. AS 26.05 is amended by adding a new section to read: 28 Sec. 26.05.737. False or unauthorized pass offenses. (a) A member of the 29 militia who wrongfully and falsely makes, alters, counterfeits, or tampers with a 30 military or official pass, permit, discharge certificate, or identification card may be 31 punished by up to one year of confinement, by separation with characterization up to

01 dishonorable discharge, and by such other punishment as a court-martial may direct. 02 (b) A member of the militia who wrongfully sells, gives, lends, or disposes of 03 a false or unauthorized military or official pass, permit, discharge certificate, or 04 identification card, knowing that the pass, permit, discharge certificate, or 05 identification card is false or unauthorized, may be punished by up to one year of 06 confinement, by separation with characterization up to dishonorable discharge, and by 07 such other punishment as a court-martial may direct. 08 (c) A member of the militia who wrongfully uses or possesses a false or 09 unauthorized military or official pass, permit, discharge certificate, or identification 10 card, knowing that the pass, permit, discharge certificate, or identification card is false 11 or unauthorized, may be punished by up to one year of confinement, by separation 12 with characterization up to dishonorable discharge, and by such other punishment as a 13 court-martial may direct. 14 * Sec. 16. AS 26.05.740 is amended to read: 15 Sec. 26.05.740. Missing movement; jumping from vessel. A member of the 16 militia who, (1) through neglect or design, misses the movement of a ship, aircraft, or 17 unit with which the member is required, in the course of duty, to move, or (2) 18 intentionally or wrongfully jumps into the water from a vessel in use by the 19 armed forces may be punished by up to one year of confinement, by separation with 20 characterization up to dishonorable discharge, and by such other punishment as a 21 court-martial may direct. 22 * Sec. 17. AS 26.05 is amended by adding new sections to read: 23 Sec. 26.05.767. Impersonation of officer, noncommissioned officer, petty 24 officer, agent, or official. (a) A member of the militia who wrongfully and wilfully 25 impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an agent of 26 superior authority of one of the armed forces of the United States or of the militia of 27 the state, or (3) an official of a government shall be punished as a court-martial may 28 direct. 29 (b) A member of the militia who wrongfully, wilfully, and with intent to 30 defraud impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an 31 agent of superior authority of one of the armed forces of the United States or of the

01 militia of the state, or (3) an official of a government may be punished by up to three 02 years of confinement, by separation with characterization up to dishonorable 03 discharge, and by such other punishment as a court-martial may direct. 04 (c) A member of the militia who wrongfully, wilfully, and without intent to 05 defraud impersonates an official of a government by committing an act that exercises 06 or asserts the authority of the office that the person claims to have may be punished by 07 up to six months of confinement, by separation with characterization up to bad- 08 conduct discharge, and by such other punishment as a court-martial may direct. 09 Sec. 26.05.768. Wearing unauthorized insignia, decoration, badge, ribbon, 10 device, or lapel button. A member of the militia who wears on the member's uniform 11 or civilian clothing an insignia, decoration, badge, ribbon, device, or lapel button that 12 the member is not authorized to wear may be punished by up to six months of 13 confinement, by separation with characterization up to bad-conduct discharge, and by 14 such other punishment as a court-martial may direct. 15 * Sec. 18. AS 26.05.785 is amended by adding a new subsection to read: 16 (b) A member of the militia who unlawfully drinks an alcoholic beverage with 17 a prisoner or unlawfully uses a drug with a prisoner may be punished by up to one 18 year of confinement, by separation with characterization up to dishonorable discharge, 19 and by such other punishment as a court-martial may direct, whether or not the 20 prisoner was committed in strict compliance with law. 21 * Sec. 19. AS 26.05 is amended by adding a new section to read: 22 Sec. 26.05.793. Wrongful interference with adverse administrative 23 proceeding. A member of the militia who, having reason to believe that an adverse 24 administrative proceeding is pending against a person subject to this chapter, 25 wrongfully acts with the intent to influence, impede, or obstruct the conduct of the 26 proceeding or otherwise obstruct the due administration of justice may be punished by 27 up to one year of confinement, by separation with characterization up to dishonorable 28 discharge, and by such other punishment as a court-martial may direct. 29 * Sec. 20. AS 26.05 is amended by adding new sections to read: 30 Sec. 26.05.796. Wrongful refusal to testify. A member of the militia who, 31 during a preliminary hearing or in the presence of a court-martial, board of officers,

01 military commission, court of inquiry, or officer taking a deposition of or for the state, 02 wrongfully refuses to qualify as a witness or answer a question after having been 03 directed to do so by the person presiding over the proceeding may be punished by up 04 to one year of confinement, by separation with characterization up to dishonorable 05 discharge, and by such other punishment as a court-martial may direct. 06 Sec. 26.05.798. Retaliation. A member of the militia who, with the intent to 07 retaliate against a person for reporting or planning to report a criminal offense or for 08 making or planning to make a protected communication, or who, with the intent to 09 discourage any person from reporting a criminal offense or from making or planning 10 to make a protected communication, (1) wrongfully takes or threatens to take an 11 adverse personnel action against a person or (2) wrongfully withholds or threatens to 12 withhold a favorable personnel action with respect to a person may be punished by up 13 to one year of confinement, by separation with characterization up to dishonorable 14 discharge, and by such other punishment as a court-martial may direct. 15 * Sec. 21. AS 26.05 is amended by adding a new section to read: 16 Sec. 26.05.833. Offenses against correctional custody and restriction. (a) A 17 member of the militia who (1) is placed in correctional custody by a person authorized 18 to do so, (2) is placed under physical restraint while in correctional custody, and (3) 19 escapes from the physical restraint before the member is released from physical 20 restraint by proper authority may be punished by up to one year of confinement, by 21 separation with characterization up to dishonorable discharge, and by such other 22 punishment as a court-martial may direct. 23 (b) A member of the militia who (1) is placed in correctional custody by a 24 person authorized to do so, (2) is placed under restraint other than physical restraint 25 while in correctional custody, and (3) goes beyond the limits of the restraint before the 26 member is released from or relieved of the restraint by proper authority may be 27 punished by up to one year of confinement, by separation with characterization up to 28 dishonorable discharge, and by such other punishment as a court-martial may direct. 29 (c) A member of the militia who (1) is ordered to be restricted to certain limits 30 by a person authorized to do so and (2) with knowledge of the limits of the restriction, 31 goes beyond the limits before the member is released from the limitations by proper

01 authority may be punished by up to six months of confinement, by separation with 02 characterization up to bad-conduct discharge, and by such other punishment as a 03 court-martial may direct. 04 * Sec. 22. AS 26.05.835 is amended by adding a new subsection to read: 05 (b) A member of the militia who (1) takes an oath that is in a matter in which 06 the oath is required or authorized by law and that is administered by a person who has 07 the authority to administer the oath and (2) makes or subscribes to a statement that is 08 false and that the person does not believe to be true at the time the person takes the 09 oath may be punished by up to one year of confinement, by separation with 10 characterization up to dishonorable discharge, and by such other punishment as a 11 court-martial may direct. 12 * Sec. 23. AS 26.05.855(b) is amended to read: 13 (b) A member of the militia who (1) operates or physically controls a 14 nonmilitary vehicle, aircraft, or vessel while impaired by a controlled substance 15 [DESCRIBED IN AS 26.05.870(c)], or (2) operates or is in actual physical control of 16 a nonmilitary vehicle, aircraft, or vessel while under the influence of alcohol or when 17 the alcohol concentration in the person's blood or breath is equal to or exceeds the 18 applicable limit under (d) of this section may be punished by up to one year of 19 confinement, by separation with characterization up to dishonorable discharge, and by 20 such other punishment as a court-martial may direct, or under (e) of this section if the 21 member is not in active duty status at the time of the offense, or by up to five years of 22 confinement, by separation with characterization up to dishonorable discharge, and by 23 such other punishment as a court-martial may direct if the member is in active duty 24 status at the time of the offense. 25 * Sec. 24. AS 26.05.855(c) is amended to read: 26 (c) A member of the militia who (1) operates or physically controls a vehicle, 27 aircraft, or vessel of the armed forces of the United States or the militia of a state in a 28 negligent or reckless manner or while impaired by a controlled substance 29 [DESCRIBED IN AS 26.05.870(c)], or (2) operates or is in actual physical control of 30 a vehicle, aircraft, or vessel of the armed forces of the United States or the militia of a 31 state while under the influence of alcohol or when the alcohol concentration in the

01 person's blood or breath is equal to or exceeds the applicable limit under (d) of this 02 section may be punished by up to five years of confinement, by separation with 03 characterization up to dishonorable discharge, and by such other punishment as a 04 court-martial may direct. 05 * Sec. 25. AS 26.05.860 is amended to read: 06 Sec. 26.05.860. Drunkenness and other incapacitating offenses [DRUNK 07 ON DUTY]. A member of the militia, other than a sentinel or lookout, who (1) is 08 found under the influence of alcohol or a controlled substance while on duty, or (2) 09 as a result of the use of any alcoholic beverage or drug, is unable to properly 10 perform the member's duty may be punished by up to one year of confinement, by 11 separation with characterization up to dishonorable discharge, and by such other 12 punishment as a court-martial may direct. 13 * Sec. 26. AS 26.05.860 is amended by adding a new subsection to read: 14 (b) A member of the militia who, while a prisoner, is drunk or under the 15 influence of a controlled substance other than a controlled substance taken in 16 accordance with a valid prescription may be punished by up to one year of 17 confinement, by separation with characterization up to dishonorable discharge, and by 18 such other punishment as a court-martial may direct. 19 * Sec. 27. AS 26.05.865 is amended to read: 20 Sec. 26.05.865. Misbehavior of sentinel. A sentinel or lookout who (1) as a 21 result of the use of any alcoholic beverage or drug, is unable to properly perform 22 the sentinel's or lookout's duties, (2) is found [UNDER THE INFLUENCE OF 23 ALCOHOL OR] sleeping on the sentinel's or lookout's post, (3) [OR] leaves the 24 sentinel's or lookout's post before being regularly relieved, or (4) loiters or 25 wrongfully sits down on post may be punished, if the offense is committed in time of 26 war or emergency as described in AS 26.05.070, by confinement of not more than 10 27 years, by separation with characterization up to dishonorable discharge, and by such 28 other punishment as a court-martial may direct, but if the offense is committed at any 29 other time, by up to one year of confinement, by separation with characterization up to 30 dishonorable discharge, and by such other punishment as a court-martial may direct. 31 * Sec. 28. AS 26.05 is amended by adding a new section to read:

01 Sec. 26.05.867. Disrespect toward sentinel or lookout. A member of the 02 militia who, knowing that another person is a sentinel or lookout, uses wrongful and 03 disrespectful language or behaves in a wrongful and disrespectful manner that is 04 directed toward and within the hearing of the sentinel or lookout while the sentinel or 05 lookout is executing the sentinel or lookout's duties may be punished by separation 06 with characterization up to dishonorable discharge and by such other punishment, 07 without confinement, as a court-martial may direct. 08 * Sec. 29. AS 26.05.890(a) is amended to read: 09 (a) A member of the militia who commits any of the following acts is guilty of 10 sexual assault and, except as provided under (g) of this section, shall [MAY] be 11 punished [BY UP TO 10 YEARS OF CONFINEMENT,] by separation with 12 characterization [UP TO] dishonorable discharge[,] and may, in addition to 13 separation, be punished by up to 10 years of confinement and by such other 14 punishment as a court-martial may direct: 15 (1) a sexual act on another person by 16 (A) threatening or placing another person in fear; 17 (B) causing bodily harm to another person; 18 (C) making a fraudulent representation that the sexual act 19 serves a professional purpose; 20 (D) inducing a belief by any artifice, pretense, or concealment 21 that the person is another person; 22 (2) a sexual act on another person when the person knows or 23 reasonably should know that the other person is asleep, unconscious, or otherwise 24 unaware that the sexual act is occurring; 25 (3) a sexual act on another person when the other person is incapable 26 of consenting to the sexual act because of 27 (A) impairment by a drug, intoxicant, or other similar 28 substance, and that condition is known or reasonably should be known by the 29 person; 30 (B) a mental disease or defect or physical disability, and that 31 condition is known or reasonably should be known by the person.

01 * Sec. 30. AS 26.05.890 is amended by adding new subsections to read: 02 (g) The convening authority of the court-martial may reduce, commute, or 03 suspend a sentence of separation with characterization dishonorable discharge 04 imposed by a court-martial under (a) of this section to a sentence of separation with 05 characterization bad conduct if, after sentencing and before the entry of judgment, the 06 accused provides substantial assistance with the investigation or prosecution of 07 another person. 08 (h) When a person is convicted of an offense under this section that requires 09 the person to register as a sex offender under AS 12.63, the court-martial shall provide 10 the person with information regarding sex offender registration under AS 12.63.010 11 and, if it can be determined by the court-martial, inform the person whether the 12 conviction will require the person to register for life or a lesser period under AS 12.63. 13 * Sec. 31. AS 26.05 is amended by adding a new section to read: 14 Sec. 26.05.893. Prohibited sexual activities with military recruit or trainee 15 by person in position of special trust. (a) A member of the militia who (1) is an 16 officer, a noncommissioned officer, or a petty officer, (2) is in a training leadership 17 position with respect to a specially protected junior member of the armed forces of the 18 United States or of the militia of the state, and (3) engages in prohibited sexual activity 19 with the specially protected junior member of the armed forces of the United States or 20 of the militia of the state may be punished by up to five years of confinement, by 21 separation with characterization up to dishonorable discharge, and by such other 22 punishment as a court-martial may direct. 23 (b) A member of the militia who is a military recruiter and engages in 24 prohibited sexual activity with (1) an applicant for military service or (2) a specially 25 protected junior member of the armed forces of the United States or of the militia of 26 the state who is enlisted under a delayed entry program may be punished by up to five 27 years of confinement, by separation with characterization up to dishonorable 28 discharge, and by such other punishment as a court-martial may direct. 29 (c) Consent is not a defense in a prosecution under this section. 30 (d) When a person is convicted of an offense under this section that requires 31 the person to register as a sex offender under AS 12.63, the court-martial shall provide

01 the person with information regarding sex offender registration under AS 12.63.010 02 and, if it can be determined by the court-martial, inform the person whether the 03 conviction will require the person to register for life or a lesser period under AS 12.63. 04 * Sec. 32. AS 26.05 is amended by adding a new section to read: 05 Sec. 26.05.897. Assault. (a) A member of the militia commits the offense of 06 assault if the person attempts or offers to do bodily harm to another person using 07 unlawful force or violence, whether or not the attempt or offer is consummated. A 08 person who commits assault may be punished by up to one year of confinement, by 09 separation with characterization up to dishonorable discharge, and by such other 10 punishment as a court-martial may direct. 11 (b) A member of the militia commits the offense of aggravated assault if the 12 person (1) uses a dangerous weapon or other means or force likely to produce death or 13 grievous bodily harm to commit the offense described in (a) of this section or (2) 14 commits the offense described in (a) of this section and intentionally inflicts grievous 15 bodily harm, with or without a weapon, on another person. A person who commits 16 aggravated assault may be punished by up to five years of confinement, by separation 17 with characterization up to dishonorable discharge, and by such other punishment as a 18 court-martial may direct. 19 * Sec. 33. AS 26.05.900(a) is amended to read: 20 (a) A member of the militia who knowingly commits any of the following acts 21 without legal justification or lawful authorization is guilty of an offense under this 22 section and may be punished by up to seven years [ONE YEAR] of confinement, by 23 separation with characterization up to dishonorable discharge, and by such other 24 punishment as a court-martial may direct: 25 (1) knowingly and wrongfully views the private area of another 26 person, without the other person's consent and under circumstances in which the other 27 person has a reasonable expectation of privacy; 28 (2) knowingly and wrongfully photographs, videotapes, films, or 29 records, by any means, the private area of another person without the other person's 30 consent and under circumstances in which the other person has a reasonable 31 expectation of privacy;

01 (3) knowingly [AND WRONGFULLY] broadcasts [OR 02 DISTRIBUTES] a recording of another person's private area that the person knows 03 or reasonably should know was made or broadcast 04 (A) without the other person's consent; and 05 (B) under circumstances in which the other person had a 06 reasonable expectation of privacy; 07 (4) knowingly distributes a recording of another person's private 08 area that the person knows or reasonably should know was made or distributed 09 (A) without the other person's consent; and 10 (B) under circumstances in which the other person had a 11 reasonable expectation of privacy [UNDER THE CIRCUMSTANCES 12 DESCRIBED IN (2) OF THIS SUBSECTION]. 13 * Sec. 34. AS 26.05.900(d) is amended by adding new paragraphs to read: 14 (7) "recording" means a still or moving visual image captured or 15 recorded by any means; 16 (8) "without the other person's consent" has the meaning given to 17 "without consent" in AS 11.41.470. 18 * Sec. 35. AS 26.05.900 is amended by adding a new subsection to read: 19 (e) When a person is convicted of an offense under this section that requires 20 the offender to register as a sex offender under AS 12.63, the court-martial shall 21 provide the person with information regarding sex offender registration under 22 AS 12.63.010 and, if it can be determined by the court-martial, inform the person 23 whether the conviction will require the person to register for life or a lesser period 24 under AS 12.63. 25 * Sec. 36. AS 26.05 is amended by adding a new section to read: 26 Sec. 26.05.913. Public records offenses. A member of the militia who (1) 27 wilfully and unlawfully alters, conceals, removes, mutilates, obliterates, or destroys a 28 public record or (2) takes a public record with the intent to alter, conceal, remove, 29 mutilate, obliterate, or destroy the public record may be punished by up to five years 30 of confinement, by separation with characterization up to dishonorable discharge, and 31 by such other punishment as a court-martial may direct.

01 * Sec. 37. AS 26.05.935 is amended by adding a new subsection to read: 02 (d) When a person is convicted of an enumerated offense under (b) of this 03 section that requires the offender to register as a sex offender under AS 12.63, the 04 court-martial shall provide the person with information regarding sex offender 05 registration under AS 12.63.010 and, if it can be determined by the court-martial, 06 inform the person whether the conviction will require the person to register for life or 07 a lesser period under AS 12.63. 08 * Sec. 38. AS 26.05 is amended by adding new sections to read: 09 Sec. 26.05.940. Offenses concerning government computers. (a) A member 10 of the militia who (1) knowingly accesses a government computer with an 11 unauthorized purpose, (2) by accessing the government computer obtains classified 12 information, and (3) with reason to believe the information could be used to the injury 13 of the United States or to the advantage of any foreign nation, intentionally 14 communicates, delivers, or transmits the information, or causes the information to be 15 communicated, delivered, or transmitted, to any person who is not entitled to receive 16 the information may be punished by up to 10 years of confinement, by separation with 17 characterization up to dishonorable discharge, and by such other punishment as a 18 court-martial may direct. 19 (b) A member of the militia who intentionally accesses a government 20 computer with an unauthorized purpose and by accessing the government computer 21 obtains classified or other protected information from the government computer may 22 be punished by up to five years of confinement, by separation with characterization up 23 to dishonorable discharge, and by such other punishment as a court-martial may direct. 24 (c) A member of the militia who knowingly causes the transmission of a 25 program, information, code, or command and, as a result of that conduct, intentionally 26 and without authorization causes damage to a government computer may be punished 27 by up to 10 years of confinement, by separation with characterization up to 28 dishonorable discharge, and by such other punishment as a court-martial may direct. 29 Sec. 26.05.945. Breach of medical quarantine. A member of the militia who 30 is ordered into medical quarantine by a person authorized to issue the quarantine order 31 and who, with knowledge of the quarantine order and the limits imposed under the

01 quarantine order, goes beyond the limits imposed under the quarantine order before 02 the person is released from quarantine by proper authority may be punished by up to 03 one year of confinement, by separation with characterization up to dishonorable 04 discharge, and by such other punishment as a court-martial may direct. 05 * Sec. 39. AS 26.05.990 is amended by adding a new paragraph to read: 06 (22) "controlled substance" means 07 (A) opium, heroin, cocaine, amphetamine, lysergic acid 08 diethylamide, methamphetamine, phencyclidine, barbituric acid, and 09 marijuana; 10 (B) a compound or derivative of a substance specified in (A) of 11 this paragraph; 12 (C) a substance not specified in (A) or (B) of this paragraph 13 that is listed on a schedule of controlled substances prescribed by the President 14 of the United States for the purposes of the armed forces of the United States 15 under 10 U.S.C. 801 - 946 (Uniform Code of Military Justice); 16 (D) a substance not specified in (A) or (B) of this paragraph or 17 on a list prescribed by the President under (C) of this paragraph that is listed in 18 21 U.S.C. 812, schedules I through V; 19 (E) an illicit synthetic drug identified in AS 17.21.010. 20 * Sec. 40. AS 44.41.035(b) is amended to read: 21 (b) The Department of Public Safety shall collect for inclusion into the DNA 22 identification registration system a blood sample, oral sample, or both, from (1) a 23 person convicted in this state of a crime against a person or a felony under AS 11, 24 AS 26.05, or AS 28.35, or a law or ordinance with elements similar to a crime against 25 a person or a felony under AS 11, AS 26.05, or AS 28.35, (2) a minor adjudicated as a 26 delinquent in this state for an act committed when the minor was 16 years of age or 27 older that would be a crime against a person or a felony under AS 11, AS 26.05, or 28 AS 28.35 if committed by an adult, or for an act that would violate a law or ordinance 29 with elements similar to a crime against a person or a felony under AS 11, AS 26.05, 30 or AS 28.35 if committed by an adult, (3) a voluntary donor, (4) an anonymous DNA 31 donor for use in forensic validation, forensic protocol development, quality control, or

01 population or statistical data bases, (5) a person required to register as a sex offender 02 or child kidnapper under AS 12.63, and (6) a person arrested for a crime against a 03 person or a felony under AS 11, AS 26.05, or AS 28.35, or a law or ordinance with 04 elements similar to a crime against a person or a felony under AS 11, AS 26.05, or 05 AS 28.35. The department also may collect for inclusion into the DNA identification 06 registration system a blood sample, oral sample, or tissue sample from crime scene 07 evidence or from unidentified human remains. The DNA identification registration 08 system consists of the blood, oral, or tissue samples drawn under this section, any 09 DNA or other blood grouping tests done on those samples, and the identification data 10 related to the samples or tests. Blood samples, oral samples, and tissue samples not 11 subject to testing under this section, and test or identification data related to those 12 samples, may not be entered into, or made a part of, the DNA identification 13 registration system. 14 * Sec. 41. AS 26.05.870(c) is repealed. 15 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. (a) AS 26.05.135, as amended by secs. 7 and 8 of this Act, applies 18 only to a contract entered into on or after the effective date of secs. 7 and 8 of this Act. 19 (b) AS 12.63.100(1), as amended by sec. 1 of this Act, AS 12.63.100(2), as amended 20 by sec. 2 of this Act, AS 12.63.100(6), as amended by sec. 3 of this Act, AS 12.63.100(8) and 21 (9), enacted by sec. 4 of this Act, AS 18.65.087(a), as amended by sec. 6 of this Act, 22 AS 26.05.890(h), enacted by sec. 30 of this Act, AS 26.05.893(d), enacted by sec. 31 of this 23 Act, AS 26.05.900(e), enacted by sec. 35 of this Act, and AS 26.05.935(d), enacted by sec. 37 24 of this Act, apply to persons convicted of sex offenses or child kidnapping on or after the 25 effective date of secs. 1 - 4, 6, 30, 31, 35, and 37 of this Act. 26 (c) AS 26.05.360(b), as amended by sec. 9 of this Act, applies to nonjudicial 27 punishment imposed for offenses committed on or after the effective date of sec. 9 of this Act. 28 (d) AS 26.05.555(a), as amended by sec. 10 of this Act, AS 26.05.697, enacted by 29 sec. 12 of this Act, AS 26.05.700, as amended by sec. 13 of this Act, AS 26.05.715(c), 30 enacted by sec. 14 of this Act, AS 26.05.737, enacted by sec. 15 of this Act, AS 26.05.740, as 31 amended by sec. 16 of this Act, AS 26.05.767 and 26.05.768, enacted by sec. 17 of this Act,

01 AS 26.05.785(b), enacted by sec. 18 of this Act, AS 26.05.793, enacted by sec. 19 of this Act, 02 AS 26.05.796 and 26.05.798, enacted by sec. 20 of this Act, AS 26.05.833, enacted by sec. 21 03 of this Act, AS 26.05.835(b), enacted by sec. 22 of this Act, AS 26.05.855(b), as amended by 04 sec. 23 of this Act, AS 26.05.855(c), as amended by sec. 24 of this Act, AS 26.05.860, as 05 amended by sec. 25 of this Act, AS 26.05.860(b), enacted by sec. 26 of this Act, 06 AS 26.05.865, as amended by sec. 27 of this Act, AS 26.05.867, enacted by sec. 28 of this 07 Act, AS 26.05.890(a), as amended by sec. 29 of this Act, AS 26.05.890(g), enacted by sec. 30 08 of this Act, AS 26.05.893(a) - (c), enacted by sec. 31 of this Act, AS 26.05.897, enacted by 09 sec. 32 of this Act, AS 26.05.900(a), as amended by sec. 33 of this Act, AS 26.05.900(d), 10 enacted by sec. 34 of this Act, AS 26.05.913, enacted by sec. 36 of this Act, AS 26.05.940 11 and 26.05.945, enacted by sec. 38 of this Act, and AS 26.05.990(22), enacted by sec. 39 of 12 this Act, apply to offenses committed on or after the effective date of secs. 10 - 34, 36, 38, 13 and 39 of this Act. 14 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 DUTY OF ADJUTANT GENERAL OF THE DEPARTMENT OF MILITARY AND 17 VETERANS' AFFAIRS; NOTICE TO REVISOR OF STATUTES. The adjutant general of 18 the Department of Military and Veterans' Affairs shall notify the revisor of statutes, on or 19 before January 1, 2019, if the President of the United States signs an executive order 20 designating the effective date, under sec. 5542, P.L. 114-328, National Defense Authorization 21 Act for Fiscal Year 2017, of the amendments to the Uniform Code of Military Justice made 22 by the Military Justice Act of 2016. 23 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 CONDITIONAL EFFECT. Sections 1 - 4, 6, 9, 10, 12 - 39, 41, and 42(b) - (d) of this 26 Act take effect only if the adjutant general of the Department of Military and Veterans' 27 Affairs notifies the revisor of statutes under sec. 43 of this Act, on or before January 1, 2019, 28 that the President of the United States has signed an executive order designating the effective 29 date, under sec. 5542, P.L. 114-328, National Defense Authorization Act for Fiscal Year 30 2017, of the amendments to the Uniform Code of Military Justice made by the Military 31 Justice Act of 2016 and the effective date designated in the executive order is January 1,

01 2019, or earlier. 02 * Sec. 45. If secs. 1 - 4, 6, 9, 10, 12 - 39, 41, and 42(b) - (d) of this Act take effect under sec. 03 44 of this Act, they take effect January 1, 2019. 04 * Sec. 46. Except as provided in sec. 45 of this Act, this Act takes effect July 1, 2018.