HB 325 am S(efd add S): "An Act relating to petitions for a change of name for certain persons; relating to the duty to register as a sex offender; relating to sexual offenses; relating to domestic violence; relating to the code of military justice; relating to consent; relating to the testing of sexual assault examination kits; relating to lifetime revocation of a teaching certificate for certain offenses; amending Rule 84, Alaska Rules of Civil Procedure; and providing for an effective date."
00 HOUSE BILL NO. 325 am S(efd add S) 01 "An Act relating to petitions for a change of name for certain persons; relating to the 02 duty to register as a sex offender; relating to sexual offenses; relating to domestic 03 violence; relating to the code of military justice; relating to consent; relating to the 04 testing of sexual assault examination kits; relating to lifetime revocation of a teaching 05 certificate for certain offenses; amending Rule 84, Alaska Rules of Civil Procedure; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 11.41.410 is amended to read: 09 Sec. 11.41.410. Sexual assault in the first degree. (a) An offender commits 10 the crime of sexual assault in the first degree if 11 (1) the offender engages in sexual penetration with another person 12 (A) without consent of that person by 13 (i) the use of force or the express or implied threat of
01 force against any person or property; or 02 (ii) causing the person to become incapacitated; 03 (B) by impersonating someone known to the person for the 04 purpose of obtaining consent; 05 (2) the offender attempts to engage in sexual penetration with another 06 person without consent of that person and causes serious physical injury to that 07 person; 08 (3) the offender engages in sexual penetration with another person 09 (A) who the offender knows is mentally incapable; and 10 (B) who is in the offender's care 11 (i) by authority of law; or 12 (ii) in a facility or program that is required by law to be 13 licensed by the state; or 14 (4) the offender engages in sexual penetration with a person who the 15 offender knows is unaware that a sexual act is being committed and 16 (A) the offender is a health care worker; and 17 (B) the offense takes place during the course of professional 18 treatment of the victim. 19 (b) Sexual assault in the first degree [IS AN UNCLASSIFIED FELONY 20 AND] is punishable as provided in AS 12.55 and is 21 (1) an unclassified felony if the offender violates (a)(1)(A), (2), (3), 22 or (4) of this section; 23 (2) a class A felony if the offender violates (a)(1)(B) of this section. 24 * Sec. 2. AS 11.41.420(a) is amended to read: 25 (a) An offender commits the crime of sexual assault in the second degree if 26 (1) the offender engages in sexual contact with another person 27 (A) without consent of that person by 28 (i) the use of force or the express or implied threat of 29 force against any person or property; or 30 (ii) causing the person to become incapacitated; 31 (B) by impersonating someone known to the person for the
01 purpose of obtaining consent; 02 (2) the offender engages in sexual contact with a person 03 (A) who the offender knows is mentally incapable; and 04 (B) who is in the offender's care 05 (i) by authority of law; or 06 (ii) in a facility or program that is required by law to be 07 licensed by the state; 08 (3) the offender engages in sexual penetration with a person who is 09 (A) mentally incapable; 10 (B) incapacitated; or 11 (C) unaware that a sexual act is being committed; [OR] 12 (4) the offender engages in sexual contact with a person who the 13 offender knows is unaware that a sexual act is being committed and 14 (A) the offender is a health care worker; and 15 (B) the offense takes place during the course of professional 16 treatment of the victim; or 17 (5) under circumstances not proscribed under AS 11.41.410, the 18 offender engages in sexual penetration with another person without consent of 19 that person. 20 * Sec. 3. AS 11.41.425(a) is amended to read: 21 (a) An offender commits the crime of sexual assault in the third degree if the 22 offender 23 (1) engages in sexual contact with a person who is 24 (A) mentally incapable; 25 (B) incapacitated; or 26 (C) unaware that a sexual act is being committed; 27 (2) while employed in a state correctional facility or other placement 28 designated by the commissioner of corrections for the custody and care of prisoners, 29 engages in sexual penetration with a person who the offender knows is committed to 30 the custody of the Department of Corrections to serve a term of imprisonment or 31 period of temporary commitment;
01 (3) engages in sexual penetration with a person 18 or 19 years of age 02 who the offender knows is committed to the custody of the Department of Health and 03 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 04 the person; 05 (4) while employed in the state by a law enforcement agency as a 06 peace officer, or while acting as a peace officer in the state, engages in sexual 07 penetration with a person with reckless disregard that the person is in the custody or 08 the apparent custody of the offender, or is committed to the custody of a law 09 enforcement agency; 10 (5) while employed by the state or a municipality of the state as a 11 probation officer or parole officer, or while acting as a probation officer or parole 12 officer in the state, engages in sexual penetration with a person with reckless disregard 13 that the person is on probation or parole; [OR] 14 (6) while employed as a juvenile probation officer or as a juvenile 15 facility staff, engages in sexual penetration with a person 18 or 19 years of age with 16 reckless disregard that the person is committed to the custody or probationary 17 supervision of the Department of Health and Social Services; or 18 (7) under circumstances not proscribed under AS 11.41.420, the 19 offender engages in sexual contact with another person without consent of that 20 person; in this paragraph, "sexual contact" does not include an offender 21 knowingly causing a person to come into contact with semen. 22 * Sec. 4. AS 11.41.445 is amended by adding a new subsection to read: 23 (c) In a prosecution under AS 11.41.410 - 11.41.427, where consent is at 24 issue, 25 (1) an expression of lack of consent through words or conduct means 26 there is no consent; an expression of lack of consent under this paragraph does not 27 require verbal or physical resistance and may include inaction; 28 (2) a current or previous dating, social, or sexual relationship between 29 the defendant and the person involved with the defendant in the conduct at issue may 30 not by itself constitute consent; 31 (3) a person cannot consent if the person is fraudulently made to
01 believe that the sexual act serves a professional purpose; in this paragraph, 02 "professional purpose" means an act the defendant has represented as a necessary part 03 or component of a provided service, part of the routine course of a procedure, or a 04 component of the defendant's profession that would occur if a person sought services 05 from another practitioner in the same field as the defendant. 06 * Sec. 5. AS 11.41.470(10) is repealed and reenacted to read: 07 (10) "without consent" means that, under the totality of the 08 circumstances surrounding the offense, there was not a freely given, reversible 09 agreement specific to the conduct at issue; in this paragraph, "freely given" means 10 agreement to cooperate in the act was positively expressed by word or action. 11 * Sec. 6. AS 11.41.530(a) is amended to read: 12 (a) A person commits the crime of coercion if, under circumstances not 13 proscribed under AS 11.41.410 - 11.41.427, the person compels another to engage in 14 conduct from which there is a legal right to abstain or abstain from conduct in which 15 there is a legal right to engage, by means of instilling in the person who is compelled a 16 fear that, if the demand is not complied with, the person who makes the demand or 17 another may 18 (1) inflict physical injury on anyone, except under circumstances 19 constituting robbery in any degree, or commit any other crime; 20 (2) accuse anyone of a crime; 21 (3) expose confidential information or a secret, whether true or false, 22 tending to subject a person to hatred, contempt, or ridicule or to impair the person's 23 credit or business repute; 24 (4) take or withhold action as a public servant or cause a public servant 25 to take or withhold action; 26 (5) bring about or continue a strike, boycott, or other collective 27 unofficial action, if the property is not demanded or received for the benefit of the 28 group in whose interest the person making the threat or suggestion purports to act; 29 (6) testify or provide information or withhold testimony or information 30 with respect to a person's legal claim or defense. 31 * Sec. 7. AS 11.61.118(a) is amended to read:
01 (a) A person commits the crime of harassment in the first degree if, under 02 circumstances not proscribed under AS 11.41.410 - 11.41.427 or 11.41.434 - 03 11.41.440 [AS 11.41.434 - 11.41.440], the person violates AS 11.61.120(a)(5) and the 04 offensive physical contact is contact 05 (1) with human or animal blood, mucus, saliva, semen, urine, vomitus, 06 or feces; or 07 (2) by the person touching through clothing another person's genitals, 08 buttocks, or female breast. 09 * Sec. 8. AS 12.55.035(b) is amended to read: 10 (b) Upon conviction of an offense, a defendant who is not an organization may 11 be sentenced to pay, unless otherwise specified in the provision of law defining the 12 offense, a fine of not more than 13 (1) $500,000 for murder in the first or second degree, attempted 14 murder in the first degree, murder of an unborn child, sexual assault in the first degree 15 under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first 16 degree, kidnapping, sex trafficking in the first degree under AS 11.66.110(a)(2), or 17 misconduct involving a controlled substance in the first degree; 18 (2) $250,000 for a class A felony; 19 (3) $100,000 for a class B felony; 20 (4) $50,000 for a class C felony; 21 (5) $25,000 for a class A misdemeanor; 22 (6) $2,000 for a class B misdemeanor; 23 (7) $500 for a violation. 24 * Sec. 9. AS 12.55.125(i) is amended to read: 25 (i) A defendant convicted of 26 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 27 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 28 under AS 11.41.455(c)(2), or sex trafficking in the first degree under 29 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 30 than 99 years and shall be sentenced to a definite term within the following 31 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:
01 (A) if the offense is a first felony conviction, the offense does 02 not involve circumstances described in (B) of this paragraph, and the victim 03 was 04 (i) less than 13 years of age, 25 to 35 years; 05 (ii) 13 years of age or older, 20 to 30 years; 06 (B) if the offense is a first felony conviction and the defendant 07 possessed a firearm, used a dangerous instrument, or caused serious physical 08 injury during the commission of the offense, 25 to 35 years; 09 (C) if the offense is a second felony conviction and does not 10 involve circumstances described in (D) of this paragraph, 30 to 40 years; 11 (D) if the offense is a second felony conviction and the 12 defendant has a prior conviction for a sexual felony, 35 to 45 years; 13 (E) if the offense is a third felony conviction and the defendant 14 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 15 to 60 years; 16 (F) if the offense is a third felony conviction, the defendant is 17 not subject to sentencing under (l) of this section, and the defendant has two 18 prior convictions for sexual felonies, 99 years; 19 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 20 unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 21 under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 22 in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 23 minor in the first degree, or sex trafficking in the first degree under 24 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 25 than 99 years and shall be sentenced to a definite term within the following 26 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 27 (A) if the offense is a first felony conviction, the offense does 28 not involve circumstances described in (B) of this paragraph, and the victim 29 was 30 (i) under 13 years of age, 20 to 30 years; 31 (ii) 13 years of age or older, 15 to 30 years;
01 (B) if the offense is a first felony conviction and the defendant 02 possessed a firearm, used a dangerous instrument, or caused serious physical 03 injury during the commission of the offense, 25 to 35 years; 04 (C) if the offense is a second felony conviction and does not 05 involve circumstances described in (D) of this paragraph, 25 to 35 years; 06 (D) if the offense is a second felony conviction and the 07 defendant has a prior conviction for a sexual felony, 30 to 40 years; 08 (E) if the offense is a third felony conviction, the offense does 09 not involve circumstances described in (F) of this paragraph, and the defendant 10 is not subject to sentencing under (l) of this section, 35 to 50 years; 11 (F) if the offense is a third felony conviction, the defendant is 12 not subject to sentencing under (l) of this section, and the defendant has two 13 prior convictions for sexual felonies, 99 years; 14 (3) sexual assault in the second degree, sexual abuse of a minor in the 15 second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 16 first degree under AS 11.41.458(b)(2), [OR] distribution of child pornography under 17 AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation to commit sexual 18 assault in the first degree under AS 11.41.410(a)(1)(B) may be sentenced to a 19 definite term of imprisonment of not more than 99 years and shall be sentenced to a 20 definite term within the following presumptive ranges, subject to adjustment as 21 provided in AS 12.55.155 - 12.55.175: 22 (A) if the offense is a first felony conviction, five to 15 years; 23 (B) if the offense is a second felony conviction and does not 24 involve circumstances described in (C) of this paragraph, 10 to 25 years; 25 (C) if the offense is a second felony conviction and the 26 defendant has a prior conviction for a sexual felony, 15 to 30 years; 27 (D) if the offense is a third felony conviction and does not 28 involve circumstances described in (E) of this paragraph, 20 to 35 years; 29 (E) if the offense is a third felony conviction and the defendant 30 has two prior convictions for sexual felonies, 99 years; 31 (4) sexual assault in the third degree, sexual abuse of a minor in the
01 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 02 AS 11.41.458(b)(1), indecent viewing or production of a picture under 03 AS 11.61.123(f)(1) or (2), possession of child pornography, distribution of child 04 pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to 05 commit sexual assault in the second degree, sexual abuse of a minor in the second 06 degree, unlawful exploitation of a minor, or distribution of child pornography, may be 07 sentenced to a definite term of imprisonment of not more than 99 years and shall be 08 sentenced to a definite term within the following presumptive ranges, subject to 09 adjustment as provided in AS 12.55.155 - 12.55.175: 10 (A) if the offense is a first felony conviction and does not 11 involve the circumstances described in (B) or (C) of this paragraph, two to 12 12 years; 13 (B) if the offense is a first felony conviction under 14 AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 15 paragraph, four to 12 years; 16 (C) if the offense is a first felony conviction under 17 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 18 a mechanism for multi-party sharing or distribution of child pornography, or 19 received a financial benefit or had a financial interest in a child pornography 20 sharing or distribution mechanism, six to 14 years; 21 (D) if the offense is a second felony conviction and does not 22 involve circumstances described in (E) of this paragraph, eight to 15 years; 23 (E) if the offense is a second felony conviction and the 24 defendant has a prior conviction for a sexual felony, 12 to 20 years; 25 (F) if the offense is a third felony conviction and does not 26 involve circumstances described in (G) of this paragraph, 15 to 25 years; 27 (G) if the offense is a third felony conviction and the defendant 28 has two prior convictions for sexual felonies, 99 years. 29 * Sec. 10. AS 14.20.030(b) is amended to read: 30 (b) The commissioner or the Professional Teaching Practices Commission 31 shall revoke for life the certificate of a person who has been convicted of a crime, or
01 an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 02 AS 11.41.410 - 11.41.460, AS 11.61.125 or 11.61.127, or a law or ordinance in 03 another jurisdiction with elements similar to an offense described in this subsection. 04 * Sec. 11. AS 09.55.010 is amended by adding new subsections to read: 05 (b) A person seeking a change of name under this section shall notify the court 06 if the person is 07 (1) committed to the custody of the Department of Corrections, on 08 probation under AS 33.05, or on parole under AS 33.16; a person subject to this 09 paragraph shall provide proof satisfactory to the court that notice of the petition has 10 been provided to the person's assigned probation or parole officer; 11 (2) required to register as a sex offender under AS 12.63; a person 12 subject to this paragraph shall provide proof satisfactory to the court that notice of the 13 petition has been provided to the Department of Public Safety; or 14 (3) charged with an offense; a person subject to this paragraph shall 15 provide the court with the case number associated with the offense. 16 (c) In addition to the requirements provided under (a) of this section, a court 17 may not grant a change of name of a person subject to (b) of this section unless the 18 court finds that the change 19 (1) does not have a fraudulent purpose; 20 (2) is not intended to hinder or obstruct law enforcement purposes; and 21 (3) would not interfere with the rights of others. 22 * Sec. 12. AS 11.56.840(a) is amended to read: 23 (a) A person commits the crime of failure to register as a sex offender or child 24 kidnapper in the second degree if the person 25 (1) is required to register under AS 12.63.010; 26 (2) knows that the person is required to register under AS 12.63.010; 27 and 28 (3) fails to 29 (A) register; 30 (B) file written notice of 31 (i) change of residence;
01 (ii) change of mailing address; 02 (iii) establishment of an electronic or messaging address 03 or any change to an electronic or messaging address; [OR] 04 (iv) establishment of an Internet communication 05 identifier or any change to an Internet communication identifier; or 06 (v) change of name; 07 (C) file the annual or quarterly written verification; or 08 (D) supply accurate and complete information required to be 09 submitted under this paragraph. 10 * Sec. 13. AS 12.63.010(c) is amended to read: 11 (c) If a sex offender or child kidnapper changes residence or obtains a 12 change of name under AS 09.55.010 or AS 25.24.165 after having registered under 13 (a) of this section, the sex offender or child kidnapper shall provide written notice of 14 the change by the next working day following the change to the Alaska state trooper 15 post or municipal police department located nearest to the new residence or, if the 16 residence change is out of state, to the central registry. If a sex offender or child 17 kidnapper establishes or changes an electronic mail address, instant messaging 18 address, or other Internet communication identifier, the sex offender or child 19 kidnapper shall, by the next working day, notify the department in writing of the 20 changed or new address or identifier. 21 * Sec. 14. AS 18.66.990(3) is amended to read: 22 (3) "domestic violence" and "crime involving domestic violence" mean 23 one or more of the following offenses or an offense under a law or ordinance of 24 another jurisdiction having elements similar to these offenses, or an attempt to commit 25 the offense, by a household member against another household member: 26 (A) a crime against the person under AS 11.41; 27 (B) burglary under AS 11.46.300 - 11.46.310; 28 (C) criminal trespass under AS 11.46.320 - 11.46.330; 29 (D) arson or criminally negligent burning under AS 11.46.400 - 30 11.46.430; 31 (E) criminal mischief under AS 11.46.475 - 11.46.486;
01 (F) terrorist threatening under AS 11.56.807 or 11.56.810; 02 (G) violating a protective order under AS 11.56.740(a)(1); 03 (H) harassment under AS 11.61.120(a)(2) - (4) or (6); or 04 (I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 05 a pet; 06 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. AS 14.20.030(b), as amended by sec. 10 of this Act, applies to 09 offenses committed on or after the effective date of this Act. 10 * Sec. 16. AS 25.24.165 is amended by adding a new subsection to read: 11 (c) This section does not apply to a person who seeks a change of name other 12 than a prior name and who is committed to the custody of the Department of 13 Corrections, on probation under AS 33.05, on parole under AS 33.16, or required to 14 register as a sex offender under AS 12.63. 15 (d) A person seeking a change of name to a prior name under this section shall 16 notify the court if the person is 17 (1) Committed to the custody of the Department of Corrections, on 18 probation under AS 33.05, or on parole under AS 33.16; a person subject to this 19 paragraph shall provide proof satisfactory to the court that notice of the petition has 20 been provided to the person's assigned probation or parole officer; 21 (2) Required to register as a sex offender under AS 12.63; a person 22 subject to this paragraph shall provide proof satisfactory to the court that notice of the 23 petition has been provided to the Department of Public Safety; or 24 (3) Charged with an offense; a person subject to this paragraph shall 25 provide the court with the case number associated with the offense. 26 * Sec. 17. AS 33.05.020 is amended by adding a new subsection to read: 27 (j) The commissioner shall notify the victim of a crime upon receiving notice 28 that a probationer has filed a petition for a change of name under AS 09.55.010. 29 * Sec. 18. AS 33.16.180 is amended to read: 30 Sec. 33.16.180. Duties of the commissioner. The commissioner shall 31 (1) conduct investigations of prisoners eligible for discretionary parole,
01 as requested by the board and as provided in this section; 02 (2) supervise the conduct of parolees; 03 (3) appoint and assign parole officers and personnel; 04 (4) notify the board and provide information on a prisoner 120 days 05 before the prisoner's mandatory release date, if the prisoner is to be released on 06 mandatory parole; 07 (5) maintain records, files, and accounts as requested by the board; 08 (6) prepare preparole reports under AS 33.16.110(a); 09 (7) notify the board in writing of a prisoner's compliance or 10 noncompliance with the prisoner's case plan created under AS 33.30.011(a)(8) not less 11 than 30 days before the prisoner's next parole eligibility date or the prisoner's parole 12 hearing date, whichever is earlier; 13 (8) establish an administrative sanction and incentive program to 14 facilitate a swift and certain response to a parolee's compliance with or violation of the 15 conditions of parole and shall adopt regulations to implement the program; at a 16 minimum, the regulations must include 17 (A) a decision-making process to guide parole officers in 18 determining the suitable response to positive and negative offender behavior 19 that includes a list of sanctions for the most common types of negative 20 behavior, including technical violations of conditions of parole, and a list of 21 incentives for compliance with conditions and positive behavior that exceeds 22 those conditions; 23 (B) policies and procedures that ensure 24 (i) a process for responding to negative behavior that 25 includes a review of previous violations and sanctions; 26 (ii) that enhanced sanctions for certain negative conduct 27 are approved by the commissioner or the commissioner's designee; and 28 (iii) that appropriate due process protections are 29 included in the process, including notice of negative behavior, an 30 opportunity to dispute the accusation and the sanction, and an 31 opportunity to request a review of the accusation and the sanction;
01 [AND] 02 (9) within 30 days after sentencing of an offender, provide the victim 03 of a crime information on the earliest dates the offender could be released on furlough, 04 probation, or parole, including deductions or reductions for good time or other good 05 conduct incentives, and the process for release, including contact information for the 06 decision-making bodies; and 07 (10) notify the board and the victim of a crime upon receiving 08 notice that a parolee has filed a petition for a change of name under AS 09.55.010 09 or AS 25.24.165. 10 * Sec. 19. AS 33.30.013(a) is amended to read: 11 (a) The commissioner shall notify the victim if [THE OFFENDER] 12 (1) the offender escapes from custody; 13 (2) the offender is discharged from parole under AS 33.16; or 14 (3) the offender is released to the community on a furlough, on an 15 early release program, or for any other reason; or 16 (4) the commissioner receives notice that the offender has filed a 17 petition for a change of name under AS 09.55.010 or AS 25.24.165. 18 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 INDIRECT COURT RULE AMENDMENT. AS 09.55.010, as amended by sec. 11 of 21 this Act and AS 25.24.165, as amended by sec. 16 of this Act has the effect of changing Rule 22 84, Alaska Rules of Civil Procedure, by establishing specific parties that must be notified and 23 findings that must be made by the court when certain persons petition for a change of name. 24 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. (a) AS 11.56.840(a), as amended by sec. 12 of this Act, applies to 27 offenses committed on or after the effective date of this Act. 28 (b) AS 12.63.010(c), as amended by sec. 13 of this Act, applies to the duty to register 29 as a sex offender or child kidnapper for offenses committed before, on, or after the effective 30 date of this Act. 31 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 CONDITIONAL EFFECT. AS 09.55.010(b) and (c), enacted by sec. 11 of this Act 03 and AS 25.24.165 (c) and (d), enacted by sec. 16 of this Act take effect only if sec. 20 of this 04 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 05 Constitution of the State of Alaska. 06 * Sec. 23. AS 26.05.900(e) is amended by adding a new paragraph to read: 07 (9) "consent" has the meaning given in AS 26.05.890(h). 08 * Sec. 24. AS 44.41.065(a) is amended to read: 09 (a) When a law enforcement agency collects a sexual assault examination kit 10 under AS 18.68.010, the agency shall 11 (1) within 30 days after the agency collects the sexual assault 12 examination kit, send the sexual assault examination kit to an accredited laboratory in 13 coordination with the Department of Public Safety or a laboratory operated by the 14 Department of Public Safety; 15 (2) ensure that the laboratory to which the sexual assault examination 16 kit is sent under (1) of this subsection conducts a serological or DNA test on the 17 sexual assault examination kit within six months [ONE YEAR] after the laboratory 18 receives the sexual assault examination kit; and 19 (3) within two weeks after the laboratory that receives the sexual 20 assault examination kit under (1) of this subsection completes serological or DNA 21 testing, make a reasonable effort to notify the victim from whom the sexual assault 22 examination kit was collected that the sexual assault examination kit has been tested. 23 * Sec. 25. AS 26.05.900(e)(8) is repealed. 24 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. AS 11.41.410, as amended by sec. 1 of this Act, AS 11.41.420(a), 27 as amended by sec. 2 of this Act, AS 11.41.425(a), as amended by sec. 3 of this Act, 28 AS 11.41.445(c), enacted by sec. 4 of this Act, AS 11.41.470(10), as repealed and reenacted 29 by sec. 5 of this Act, AS 11.41.530(a), as amended by sec. 6 of this Act, AS 11.61.118(a), as 30 amended by sec. 7 of this Act, AS 12.55.035(b), as amended by sec. 8 of this Act, 31 AS 12.55.125(i), as amended by sec. 9 of this Act, AS 26.05.900(e), as amended by sec. 23 of
01 this Act, and the repeal of AS 26.05.900(e)(8) by sec. 25 of this Act, apply to offenses 02 committed on or after the effective date of secs. 1 - 9, 23, and 25 of this Act. 03 * Sec. 27. Section 24 of this Act takes effect July 1, 2023. 04 * Sec. 28. Except as provided in sec. 27 of this Act, this Act takes effect January 1, 2023.