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