CSSB 187(JUD): "An Act relating to criminal law and procedure; relating to sexual assault; relating to consent; relating to the crime of coercion; relating to sending an explicit image of a minor; relating to the crime of harassment; relating to the duty to register as a sex offender; relating to the definition of 'sex offense'; relating to lifetime revocation of a teaching certificate for certain offenses; relating to the definition of 'domestic violence'; relating to arrest authority for probation officers and pretrial services officers; relating to multidisciplinary child protection teams; and providing for an effective date."
00 CS FOR SENATE BILL NO. 187(JUD) 01 "An Act relating to criminal law and procedure; relating to sexual assault; relating to 02 consent; relating to the crime of coercion; relating to sending an explicit image of a 03 minor; relating to the crime of harassment; relating to the duty to register as a sex 04 offender; relating to the definition of 'sex offense'; relating to lifetime revocation of a 05 teaching certificate for certain offenses; relating to the definition of 'domestic violence'; 06 relating to arrest authority for probation officers and pretrial services officers; relating 07 to multidisciplinary child protection teams; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 11.41.410(a) is amended to read: 10 (a) An offender commits the crime of sexual assault in the first degree if 11 (1) the offender engages in sexual penetration with another person 12 without consent of that person by 13 (A) the use of force or the express or implied threat of force
01 against any person or property; or 02 (B) causing the person to become incapacitated; 03 (2) the offender attempts to engage in sexual penetration with another 04 person without consent of that person and causes serious physical injury to that 05 person; 06 (3) the offender engages in sexual penetration with another person 07 (A) who the offender knows is mentally incapable; and 08 (B) who is in the offender's care 09 (i) by authority of law; or 10 (ii) in a facility or program that is required by law to be 11 licensed by the state; or 12 (4) the offender engages in sexual penetration 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. 17 * Sec. 2. AS 11.41.420(a) is amended to read: 18 (a) An offender commits the crime of sexual assault in the second degree if 19 (1) the offender engages in sexual contact with another person without 20 consent of that person by 21 (A) the use of force or the express or implied threat of force 22 against any person or property; or 23 (B) causing the person to become incapacitated; 24 (2) the offender engages in sexual contact with a person 25 (A) who the offender knows is mentally incapable; and 26 (B) who is in the offender's care 27 (i) by authority of law; or 28 (ii) in a facility or program that is required by law to be 29 licensed by the state; 30 (3) the offender engages in sexual penetration with a person who is 31 (A) mentally incapable;
01 (B) incapacitated; or 02 (C) unaware that a sexual act is being committed; [OR] 03 (4) the offender engages in sexual contact with a person who the 04 offender knows is unaware that a sexual act is being committed and 05 (A) the offender is a health care worker; and 06 (B) the offense takes place during the course of professional 07 treatment of the victim; or 08 (5) under circumstances not proscribed under AS 11.41.410, the 09 offender engages in sexual penetration with another person without consent of 10 that person. 11 * Sec. 3. AS 11.41.425(a) is amended to read: 12 (a) An offender commits the crime of sexual assault in the third degree if the 13 offender 14 (1) engages in sexual contact with a person who is 15 (A) mentally incapable; 16 (B) incapacitated; or 17 (C) unaware that a sexual act is being committed; 18 (2) while employed in a state correctional facility or other placement 19 designated by the commissioner of corrections for the custody and care of prisoners, 20 engages in sexual penetration with a person who the offender knows is committed to 21 the custody of the Department of Corrections to serve a term of imprisonment or 22 period of temporary commitment; 23 (3) engages in sexual penetration with a person 18 or 19 years of age 24 who the offender knows is committed to the custody of the Department of Health and 25 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 26 the person; 27 (4) while employed in the state by a law enforcement agency as a 28 peace officer, or while acting as a peace officer in the state, engages in sexual 29 penetration with a person with reckless disregard that the person is in the custody or 30 the apparent custody of the offender, or is committed to the custody of a law 31 enforcement agency;
01 (5) while employed by the state or a municipality of the state as a 02 probation officer or parole officer, or while acting as a probation officer or parole 03 officer in the state, engages in sexual penetration with a person with reckless disregard 04 that the person is on probation or parole; [OR] 05 (6) while employed as a juvenile probation officer or as a juvenile 06 facility staff, engages in sexual penetration with a person 18 or 19 years of age with 07 reckless disregard that the person is committed to the custody or probationary 08 supervision of the Department of Health and Social Services; or 09 (7) under circumstances not proscribed under AS 11.41.420, the 10 offender engages in sexual contact with another person without consent of that 11 person; in this paragraph, "sexual contact" does not include an offender 12 knowingly causing a person to come into contact with semen. 13 * Sec. 4. AS 11.41.445 is amended by adding a new subsection to read: 14 (c) In a prosecution under AS 11.41.410 - 11.41.427, where consent is at 15 issue, 16 (1) an expression of lack of consent through words or conduct means 17 there is no consent; an expression of lack of consent under this paragraph does not 18 require verbal or physical resistance and may include inaction; 19 (2) a current or previous dating, social, or sexual relationship between 20 the defendant and the person involved with the defendant in the conduct at issue may 21 not by itself constitute consent; 22 (3) a person cannot consent if the person is fraudulently made to 23 believe that the sexual act serves a professional purpose; in this paragraph, 24 "professional purpose" means an act the defendant has represented as a necessary part 25 or component of a provided service, part of the routine course of a procedure, or a 26 component of the defendant's profession that would occur if a person sought services 27 from another practitioner in the same field as the defendant. 28 * Sec. 5. AS 11.41.470(10) is repealed and reenacted to read: 29 (10) "without consent" means that, under the totality of the 30 circumstances surrounding the offense, there was not a freely given, reversible 31 agreement specific to the conduct at issue;
01 * Sec. 6. AS 11.41.470 is amended by adding a new paragraph to read: 02 (11) "freely given" means a positive expression of agreement, by word 03 or action, given under the person's free will. 04 * Sec. 7. AS 11.41.530(a) is amended to read: 05 (a) A person commits the crime of coercion if, under circumstances not 06 proscribed under AS 11.41.410 - 11.41.427, the person compels another to engage in 07 conduct from which there is a legal right to abstain or abstain from conduct in which 08 there is a legal right to engage, by means of instilling in the person who is compelled a 09 fear that, if the demand is not complied with, the person who makes the demand or 10 another may 11 (1) inflict physical injury on anyone, except under circumstances 12 constituting robbery in any degree, or commit any other crime; 13 (2) accuse anyone of a crime; 14 (3) expose confidential information or a secret, whether true or false, 15 tending to subject a person to hatred, contempt, or ridicule or to impair the person's 16 credit or business repute; 17 (4) take or withhold action as a public servant or cause a public servant 18 to take or withhold action; 19 (5) bring about or continue a strike, boycott, or other collective 20 unofficial action, if the property is not demanded or received for the benefit of the 21 group in whose interest the person making the threat or suggestion purports to act; 22 (6) testify or provide information or withhold testimony or information 23 with respect to a person's legal claim or defense. 24 * Sec. 8. AS 11.61.116(c) is amended to read: 25 (c) Sending an explicit image of a minor is 26 (1) a class B misdemeanor if the person distributes the image to 27 another person; 28 (2) a class A misdemeanor if the person distributes the image to an 29 Internet website or application that is accessible to the public; in this paragraph, 30 "Internet website or application that is accessible to the public" includes social 31 media websites and applications that retain an image for later viewing that can
01 be accessed by a person who is not the direct recipient of the image. 02 * Sec. 9. AS 11.61.118(a) is amended to read: 03 (a) A person commits the crime of harassment in the first degree if, under 04 circumstances not proscribed under AS 11.41.410 - 11.41.440, with reckless 05 disregard for the offensive or insulting effect the physical contact may have on 06 the other person [AS 11.41.434 - 11.41.440], the person intentionally subjects 07 another person to [VIOLATES AS 11.61.120(a)(5) AND THE] offensive physical 08 contact [IS CONTACT] 09 (1) with human or animal blood, mucus, saliva, semen, urine, vomitus, 10 or feces; or 11 (2) by the person touching directly or through clothing another 12 person's [GENITALS,] buttocks, pelvis, or inner thigh [OR FEMALE BREAST]. 13 * Sec. 10. AS 11.61.120(a) is amended to read: 14 (a) A person commits the crime of harassment in the second degree if the 15 person [, WITH INTENT TO HARASS OR ANNOY ANOTHER PERSON, THAT 16 PERSON] 17 (1) with intent to harass another person, insults, taunts, or 18 challenges another person in a manner likely to provoke an immediate violent 19 response; 20 (2) with intent to harass another person, telephones another and 21 fails to terminate the connection with intent to impair the ability of that person to place 22 or receive telephone calls; 23 (3) with intent to harass another person, makes repeated telephone 24 calls at extremely inconvenient hours; 25 (4) with intent to harass another person, makes an anonymous or 26 obscene telephone call, an obscene electronic communication, or a telephone call or 27 electronic communication that threatens physical injury or sexual contact; 28 (5) knowingly subjects another person to offensive physical contact; 29 (6) with intent to harass another person, and except as provided in 30 AS 11.61.116, 11.61.125, or 11.61.127, publishes or distributes electronic or printed 31 photographs, pictures, or films that show the genitals, anus, or female breast of the
01 other person or show that person engaged in a sexual act; 02 (7) knowingly and repeatedly sends or publishes an electronic 03 communication that insults, taunts, challenges, or intimidates a person under 18 years 04 of age in a manner that places the person in reasonable fear of physical injury; or 05 (8) under circumstances not proscribed under AS 11.41.455, 06 AS 11.61.116, 11.61.125 [AS 11.61.125], or 11.61.128, and with intent to harass 07 another person, repeatedly sends to another person, publishes, or distributes 08 electronic or printed photographs, pictures, or films that show the genitals of any 09 person. 10 * Sec. 11. AS 12.63.010(b) is amended to read: 11 (b) A sex offender or child kidnapper required to register under (a) of this 12 section shall register with the Department of Corrections if the sex offender or child 13 kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 14 police department located nearest to where the sex offender or child kidnapper resides 15 at the time of registration. To fulfill the registration requirement, the sex offender or 16 child kidnapper shall 17 (1) complete a registration form that includes the following 18 information, if applicable: [, AT A MINIMUM,] 19 (A) the sex offender's or child kidnapper's full name, mailing 20 and physical addresses, school address, telephone numbers used by the sex 21 offender or child kidnapper, social security number, passport 22 information, citizenship status, physical address of employment, name of 23 employer, job title [PLACE OF EMPLOYMENT], and date of birth; 24 (B) each conviction for a sex offense or child kidnapping for 25 which the duty to register has not terminated under AS 12.63.020, the date of 26 the sex offense or child kidnapping convictions, the place and court of the sex 27 offense or child kidnapping convictions, and whether the sex offender or child 28 kidnapper has been unconditionally discharged from the conviction for a sex 29 offense or child kidnapping and the date of the unconditional discharge; if the 30 sex offender or child kidnapper asserts that the offender or kidnapper has been 31 unconditionally discharged, the offender or kidnapper shall supply proof of
01 that discharge acceptable to the department; 02 (C) all aliases used; 03 (D) the sex offender's or child kidnapper's driver's license 04 number; 05 (E) the description, license numbers, and vehicle identification 06 numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 07 recreational vehicles, the sex offender or child kidnapper has access to, 08 regardless of whether that access is regular or not; 09 (F) any identifying features of the sex offender or child 10 kidnapper; 11 (G) anticipated changes of address and any temporary 12 lodging used by the sex offender or child kidnapper; 13 (H) a statement concerning whether the sex offender or 14 kidnapper has had treatment for a mental abnormality or personality disorder 15 since the date of conviction for an offense requiring registration under this 16 chapter; [AND] 17 (I) each electronic mail address, instant messaging address, and 18 other Internet communication identifier used by the sex offender or child 19 kidnapper; and 20 (J) professional licensing information; 21 (2) allow the Alaska state troopers, Department of Corrections, [OR] 22 municipal police, or any peace officer to take a complete set of the sex offender's or 23 child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 24 kidnapper's photograph. 25 * Sec. 12. AS 12.63.010(d) is amended to read: 26 (d) A sex offender or child kidnapper required to register 27 (1) for 15 years under (a) of this section and AS 12.63.020 shall, 28 annually, during the term of a duty to register under AS 12.63.020, on a date set by the 29 department at the time of the sex offender's or child kidnapper's initial registration, 30 provide written verification to the department, in the manner required by the 31 department, of the information provided under (b)(1) of this section [SEX
01 OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 02 the information previously provided under (b)(1) of this section; 03 (2) for life under (a) of this section and AS 12.63.020 shall, not less 04 than quarterly, on a date set by the department, provide written verification to the 05 department, in the manner required by the department, of the information provided 06 under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 07 ADDRESS] and notice of any changes to the information previously provided under 08 (b)(1) of this section. 09 * Sec. 13. AS 12.63.010 is amended by adding new subsections to read: 10 (g) If a sex offender or child kidnapper plans to leave the state after having 11 registered under (a) of this section, the sex offender or child kidnapper shall provide 12 written notice to the department of the plan to leave the state at least seven calendar 13 days before leaving the state. If a sex offender or child kidnapper plans to leave the 14 state for international travel after having registered under (a) of this section, the sex 15 offender or child kidnapper shall provide written notice to the department of the plan 16 for any intended travel outside the United States at least 21 calendar days before 17 leaving the state for international travel. 18 (h) If a sex offender or child kidnapper is away from the physical address 19 provided to the department under (b)(1)(A) of this section for a period of seven days 20 or more, the sex offender or child kidnapper shall notify the department in writing of 21 the address being used by the sex offender or child kidnapper while away from the 22 residence provided under (b)(1)(A) of this section. 23 * Sec. 14. AS 12.63.020(a) is amended to read: 24 (a) The duty of a sex offender or child kidnapper to comply with the 25 requirements of AS 12.63.010 is as follows: 26 (1) for a sex offender or child kidnapper, as that term is defined in 27 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 28 (A) continues for the lifetime of a sex offender or child 29 kidnapper convicted of 30 (i) one aggravated sex offense; or 31 (ii) two or more sex offenses, two or more child
01 kidnappings, or one sex offense and one child kidnapping; for purposes 02 of this section, a person convicted of indecent exposure before a person 03 under 16 years of age under AS 11.41.460 more than two times has 04 been convicted of two or more sex offenses; 05 (B) ends 15 years following the sex offender's or child 06 kidnapper's unconditional discharge from a conviction for a single sex offense 07 that is not an aggravated sex offense or for a single child kidnapping if the sex 08 offender or child kidnapper has supplied proof that is acceptable to the 09 department of the unconditional discharge; the registration period under this 10 subparagraph 11 (i) is tolled for the period of noncompliance if the 12 [EACH YEAR THAT A] sex offender or child kidnapper has failed 13 [FAILS] to comply with the requirements of this chapter or is 14 incarcerated for the offense or kidnapping for which the offender or 15 kidnapper is required to register or for any other offense; 16 (ii) may include the time a sex offender or child 17 kidnapper was absent from this state if the sex offender or child 18 kidnapper has complied with any sex offender or child kidnapper 19 registration requirements of the jurisdiction in which the sex offender 20 or kidnapper was located and if the sex offender or child kidnapper 21 provides the department with proof of the compliance while the sex 22 offender or child kidnapper was absent from this state; and 23 (iii) continues for a sex offender or child kidnapper who 24 has not supplied proof acceptable to the department of the offender's or 25 kidnapper's unconditional discharge for the sex offense or child 26 kidnapping requiring registration; 27 (2) for a sex offender or child kidnapper, as that term is defined in 28 AS 12.63.100(6)(B), the duty continues for the period determined by the department 29 under (b) of this section. 30 * Sec. 15. AS 12.63.100(7) is amended to read: 31 (7) "sex offense" means
01 (A) a crime under AS 11.41.100(a)(3), or a similar law of 02 another jurisdiction, in which the person committed or attempted to commit a 03 sexual offense, or a similar offense under the laws of the other jurisdiction; in 04 this subparagraph, "sexual offense" has the meaning given in 05 AS 11.41.100(a)(3); 06 (B) a crime under AS 11.41.110(a)(3), or a similar law of 07 another jurisdiction, in which the person committed or attempted to commit 08 one of the following crimes, or a similar law of another jurisdiction: 09 (i) sexual assault in the first degree; 10 (ii) sexual assault in the second degree; 11 (iii) sexual abuse of a minor in the first degree; or 12 (iv) sexual abuse of a minor in the second degree; 13 (C) a crime, or an attempt, solicitation, or conspiracy to commit 14 a crime, under the following statutes or a similar law of another jurisdiction: 15 (i) AS 11.41.410 - 11.41.438; 16 (ii) AS 11.41.440(a)(2); 17 (iii) AS 11.41.450 - 11.41.458; 18 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 19 exposure is before a person under 16 years of age and the offender has 20 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 21 (v) AS 11.61.125 - 11.61.128; 22 (vi) AS 11.66.110, 11.66.130(a)(2)(B), or 23 AS 26.05.900(b) if the person who was induced or caused to engage in 24 prostitution was under 20 years of age at the time of the offense; 25 (vii) former AS 11.15.120, former 11.15.134, or assault 26 with the intent to commit rape under former AS 11.15.160, former 27 AS 11.40.110, or former 11.40.200; 28 (viii) AS 11.61.118(a)(2) if the offender has a previous 29 conviction for that offense; 30 (ix) AS 11.66.100(a)(2) if the offender is subject to 31 punishment under AS 11.66.100(e);
01 (x) AS 26.05.890 if the person engaged in sexual 02 penetration or sexual contact with the victim; 03 (xi) AS 26.05.890 if, at the time of the offense, the 04 victim is under a duty to obey the lawful orders of the offender, 05 regardless of whether the offender is in the direct chain of command 06 over the victim; 07 (xii) AS 26.05.893 if the person engaged in sexual 08 penetration or sexual contact with the victim; 09 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 10 years of age at the time of the offense; 11 (xiv) AS 26.05.900 if, at the time of the offense, the 12 victim is under a duty to obey the lawful orders of the offender, 13 regardless of whether the offender is in the direct chain of command 14 over the victim; or 15 (xv) AS 11.61.123 if the offender is subject to 16 punishment under AS 11.61.123(g)(1) or (2); 17 (xvi) AS 11.61.116 if the offender is subject to 18 punishment under AS 11.61.116(c)(2) and the offense is a second 19 conviction or the offense is a first conviction and the image includes 20 personal identifying information sufficient to, upon an Internet 21 search of the victim's name, result in the victim's image being 22 displayed; 23 (xvii) AS 11.61.130(a)(2); or 24 (xviii) AS 11.61.140(a)(6) or (7) [AS 11.61.123(f)(1) 25 OR (2)]; 26 (D) an offense, or an attempt, solicitation, or conspiracy to 27 commit an offense, under AS 26.05.935(b), or a similar law of another 28 jurisdiction, if the member of the militia commits one of the following 29 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 30 Code of Military Justice): 31 (i) child pornography; or
01 (ii) pandering and prostitution if the person who is 02 induced, enticed, caused, or procured to engage in a sexual act is under 03 20 years of age at the time of the offense; or 04 (E) an offense in which the person is required to register as a 05 sex offender under the laws of another jurisdiction; 06 * Sec. 16. AS 14.20.030(b) is amended to read: 07 (b) The commissioner or the Professional Teaching Practices Commission 08 shall revoke for life the certificate of a person who has been convicted of a crime, or 09 an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 10 AS 11.41.410 - 11.41.460, AS 11.61.125 or 11.61.127, or a law or ordinance in 11 another jurisdiction with elements similar to an offense described in this subsection. 12 * Sec. 17. AS 18.66.990(3) is amended to read: 13 (3) "domestic violence" and "crime involving domestic violence" mean 14 one or more of the following offenses or an offense under a law or ordinance of 15 another jurisdiction having elements similar to these offenses, or an attempt to commit 16 the offense, by a household member against another household member: 17 (A) a crime against the person under AS 11.41; 18 (B) burglary under AS 11.46.300 - 11.46.310; 19 (C) criminal trespass under AS 11.46.320 - 11.46.330; 20 (D) arson or criminally negligent burning under AS 11.46.400 - 21 11.46.430; 22 (E) criminal mischief under AS 11.46.475 - 11.46.486; 23 (F) terrorist threatening under AS 11.56.807 or 11.56.810; 24 (G) violating a protective order under AS 11.56.740(a)(1); 25 (H) harassment under AS 11.61.118, 11.61.120(a)(2) - (4); 26 [AS 11.61.120(a)(2) - (4); OR] 27 (I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 28 a pet; 29 (J) interfering with a report of a crime involving domestic 30 violence under AS 11.56.745; or 31 (K) unlawful contact under AS 11.56.750 or 11.56.755;
01 * Sec. 18. AS 33.05.070 is amended by adding a new subsection to read: 02 (e) At any time within the probation period, the probation officer may file a 03 complaint with the court and arrest a probationer, with or without a warrant, if the 04 officer has probable cause to believe the probationer has committed an offense under 05 AS 11.56.759. 06 * Sec. 19. AS 33.07.030(g) is amended to read: 07 (g) A pretrial services officer may 08 (1) recommend pretrial diversion to the court and parties before 09 adjudication in accordance with the guidelines established by the commissioner under 10 AS 33.07.020(6); 11 (2) if the officer has probable cause to believe the defendant has 12 committed an offense under AS 11.56.320, 11.56.610, 11.56.730, 11.56.750, or 13 11.56.757 [AS 11.56.730 OR 11.56.757] or has violated the defendant's release 14 conditions, file a complaint with the court and 15 (A) arrest, with or without a warrant, a defendant who has been 16 released while awaiting trial; or 17 (B) request the court to issue warrants related to any violation 18 of the defendant's release conditions; 19 (3) refer interested defendants for substance abuse screening, 20 assessment, and treatment on a voluntary basis and assist any defendant whose offense 21 or criminal history identified a dependency on, abuse of, or addiction to alcohol or 22 controlled substances with accessing and obtaining appropriate treatment in the 23 community to address those needs; 24 (4) recommend that a defendant charged with an offense involving the 25 use of alcohol or controlled substances comply with a program established under 26 AS 47.38.020; and 27 (5) coordinate with community-based organizations and tribal courts 28 and councils to develop and expand pretrial diversion options. 29 * Sec. 20. AS 47.14.300(a) is amended to read: 30 (a) The department, a state or municipal agency with expertise in child abuse 31 or neglect, or a tribe recognized by the United States Secretary of the Interior to exist
01 as an Indian tribe under 25 U.S.C. 5130 [25 U.S.C. 479A] (Federally Recognized 02 Indian Tribe List Act of 1994) with expertise in child abuse or neglect, in partnership 03 with the department, may facilitate the initial establishment of a multidisciplinary 04 child protection team. The purpose of a team is to assist in the evaluation and 05 investigation of reports of child abuse or neglect, as defined in AS 47.17.290, made 06 under AS 47.17 or initiated by the department or a law enforcement agency; to assist 07 in the evaluation and investigation of reports of sexual contact or sexual 08 penetration, as defined in AS 11.81.900(b), occurring between children under 13 09 years of age; and to provide consultation and coordination for agencies involved in 10 child-in-need-of-aid cases under AS 47.10. The multidisciplinary child protection 11 teams shall 12 (1) ensure that investigations involving child abuse or neglect are 13 coordinated and conducted by trained investigators; 14 (2) take and recommend steps to avoid duplicative interviews of 15 children; 16 (3) assist in the reduction of trauma to a child and family involved in 17 an investigation of child abuse or neglect; and 18 (4) review records, provide consultation, and make recommendations 19 to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 20 the team by a team member. 21 * Sec. 21. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 22 2019, is amended to read: 23 (c) The following sections apply to the duty to register as a sex offender for 24 offenses committed before, on, or after the effective date of those sections: 25 (1) AS 12.63.010(d), as amended by sec. 82 of this Act; 26 (2) AS 12.63.020, as amended by sec. 83 of this Act; 27 (3) AS 12.63.100(6), as amended by sec. 84 of this Act; 28 (4) AS 12.63.100(7), as amended by sec. 85 of this Act. 29 * Sec. 22. AS 12.63.100(7)(C)(viii) is repealed. 30 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. (a) AS 11.41.410(a), as amended by sec. 1 of this Act, 02 AS 11.41.420(a), as amended by sec. 2 of this Act, AS 11.41.425(a), as amended by sec. 3 of 03 this Act, AS 11.41.445(c), enacted by sec. 4 of this Act, AS 11.41.470(10), as repealed and 04 reenacted by sec. 5 of this Act, AS 11.41.470(11), enacted by sec. 6 of this Act, 05 AS 11.41.530(a), as amended by sec. 7 of this Act, AS 11.61.116(c), as amended by sec. 8 of 06 this Act, AS 11.61.118, as amended by sec. 9 of this Act, AS 11.61.120, as amended by sec. 07 10 of this Act, AS 18.66.990(3), as amended by sec. 17 of this Act, AS 33.05.070(e), enacted 08 by sec. 18 of this Act, AS 33.07.030(g), as amended by sec. 19 of this Act, and the repeal of 09 AS 12.63.100(7)(C)(viii) by sec. 22 of this Act apply to offenses committed on or after the 10 effective date of this Act. 11 (b) Except as otherwise provided in this Act, AS 12.63.010(b), as amended by sec. 11 12 of this Act, AS 12.63.010(d), as amended by sec. 12 of this Act, and AS 12.63.010(g) and (h), 13 enacted by sec. 13 of this Act, apply to the duty to register as a sex offender or child 14 kidnapper for offenses committed before, on, or after the effective date of this Act. 15 (c) AS 12.63.020(a), as amended by sec. 14 of this Act, applies to the tolling of the 16 duty to register as a sex offender or child kidnapper on or after the effective date of this Act 17 for determinations of noncompliance made by the Department of Public Safety on or after the 18 effective date of this Act. 19 (d) Nothing in AS 12.63.020(a), as amended by sec. 14 of this Act, may be construed 20 as invalidating a decision by the Department of Public Safety to toll the period of registration 21 or continue the period of registration under AS 12.63 before the effective date of this Act. 22 (e) AS 12.63.100(7), as amended by sec. 15 of this Act, applies to the duty to register 23 as a sex offender for offenses committed on or after the effective date of this Act. 24 (f) AS 14.20.030(b), as amended by sec. 16 of this Act, applies to convictions 25 occurring before, on, or after the effective date of this Act for conduct occurring before, on, or 26 after the effective date of this Act. 27 * Sec. 24. This Act takes effect July 1, 2022.