SB 189: "An Act relating to sex trafficking; establishing the crime of patron of a victim of sex trafficking; relating to the crime of human trafficking; relating to sentencing for sex trafficking and patron of a victim of sex trafficking; establishing the process for a vacatur of judgment for a conviction of prostitution; and providing for an effective date."
00 SENATE BILL NO. 189 01 "An Act relating to sex trafficking; establishing the crime of patron of a victim of sex 02 trafficking; relating to the crime of human trafficking; relating to sentencing for sex 03 trafficking and patron of a victim of sex trafficking; establishing the process for a 04 vacatur of judgment for a conviction of prostitution; and providing for an effective 05 date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 04.06.110 is amended to read: 08 Sec. 04.06.110. Peace officer powers. The director and the persons employed 09 for the administration and enforcement of this title may, with the concurrence of the 10 commissioner of public safety, exercise the powers of peace officers when those 11 powers are specifically granted by the board. Powers granted by the board under this 12 section may be exercised only when necessary for the enforcement of the criminally 13 punishable provisions of this title, regulations of the board, and other criminally
01 punishable laws and regulations, including investigation of violations of laws against 02 [PROSTITUTION AND] sex trafficking described in AS 11.41.340 - 11.41.347, 03 patron of a victim of sex trafficking under AS 11.41.350, prostitution under 04 AS 11.66.100, [AS 11.66.100 - 11.66.135] and laws against gambling, promoting 05 gambling, and related offenses described in AS 11.66.200 - 11.66.280. Unless 06 authorized by a search warrant described in AS 12.35, nothing in this section 07 authorizes the use of metal keys, magnetic card keys, or identification cards to access 08 private clubs. 09 * Sec. 2. AS 11.41 is amended by adding new sections to read: 10 Sec. 11.41.340. Sex trafficking in the first degree. (a) A person commits the 11 crime of sex trafficking in the first degree if the person 12 (1) as other than a patron of a victim of sex trafficking, induces or 13 causes another person to engage in commercial sexual conduct through the use of 14 force or threat of force against any person; 15 (2) violates AS 11.41.345 and the victim is under 20 years of age; 16 (3) induces or causes a person in that person's legal custody to engage 17 in commercial sexual conduct; or 18 (4) manages, supervises, controls, or owns, either alone or in 19 association with others, a prostitution enterprise or a place of prostitution. 20 (b) Sex trafficking in the first degree is an unclassified felony. 21 Sec. 11.41.345. Sex trafficking in the second degree. (a) A person commits 22 the crime of sex trafficking in the second degree if, as other than a patron of a victim 23 of sex trafficking and with the intent to promote sex trafficking, the person recruits, 24 entices, or otherwise induces or causes another person to engage in commercial sexual 25 conduct. 26 (b) Sex trafficking in the second degree is a class A felony. 27 Sec. 11.41.347. Sex trafficking in the third degree. (a) A person commits the 28 crime of sex trafficking in the third degree if, as other than a patron of a victim of sex 29 trafficking, the person provides services, resources, or other assistance in furtherance 30 of a violation of AS 11.41.340 or 11.41.345. 31 (b) Sex trafficking in the third degree is a class B felony if the value of the
01 services, resources, or other assistance provided is $200 or more. 02 (c) Sex trafficking in the third degree is a class C felony if the value of the 03 services, resources, or other assistance provided is less than $200. 04 Sec. 11.41.350. Patron of a victim of sex trafficking. (a) A person commits 05 the crime of being a patron of a victim of sex trafficking if, under circumstances not 06 proscribed under AS 11.41.434 - 11.41.460, the person solicits commercial sexual 07 conduct 08 (1) with reckless disregard that the person engaging in the sexual 09 conduct is a victim of sex trafficking; or 10 (2) from a person who is under 18 years of age. 11 (b) Patron of a victim of sex trafficking is a class C felony if the person 12 violates (a)(1) of this section. 13 (c) Patron of a victim of sex trafficking is a class B felony if the person 14 violates (a)(2) of this section. 15 (d) In a prosecution under (c) of this section, it is an affirmative defense that at 16 the time of the alleged offense the defendant 17 (1) reasonably believed the person to be 18 years of age or older; and 18 (2) undertook reasonable measures to verify that the person was 18 19 years of age or older. 20 * Sec. 3. AS 11.41.360(a) is amended to read: 21 (a) A person commits the crime of human trafficking in the first degree if, 22 under circumstances not proscribed under AS 11.41.340 - 11.41.350, the person 23 (1) [COMPELS OR] induces or causes another person to engage in 24 [SEXUAL CONDUCT,] adult entertainment [,] or labor [IN THE STATE] by force or 25 threat of force against any person; or 26 (2) violates AS 11.41.365 and the victim is under 20 years of age [, 27 OR BY DECEPTION]. 28 * Sec. 4. AS 11.41.360(c) is amended to read: 29 (c) Human trafficking in the first degree is an unclassified [A CLASS A] 30 felony. 31 * Sec. 5. AS 11.41.365(a) is amended to read:
01 (a) A person commits the crime of human trafficking in the second degree if, 02 under circumstances not proscribed under AS 11.41.340 - 11.41.350 and with the 03 intent to promote human trafficking, the person recruits, entices, or otherwise 04 induces or causes another person to engage in adult entertainment or labor by 05 (1) exposing or threatening to expose confidential information or a 06 secret, whether true or false, tending to subject a person to hatred, contempt, or 07 ridicule; 08 (2) destroying, concealing, or threatening to destroy or conceal an 09 actual or purported passport or immigration document or another actual or 10 purported identification document of any person; 11 (3) threatening to report a person to a government agency for the 12 purpose of arrest or deportation; 13 (4) threatening to collect a debt; 14 (5) instilling a fear that the person will withhold from any person 15 lodging, food, clothing, or medication; 16 (6) providing or withholding controlled substances from the 17 person; or 18 (7) deception as defined in AS 11.81.900 [OBTAINS A BENEFIT 19 FROM THE COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, 20 WITH RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE 21 TRAFFICKING]. 22 * Sec. 6. AS 11.41.365(b) is amended to read: 23 (b) Human trafficking in the second degree is a class A [B] felony. 24 * Sec. 7. AS 11.41 is amended by adding new sections to read: 25 Sec. 11.41.366. Human trafficking in the third degree. (a) A person 26 commits the crime of human trafficking in the third degree if the person provides 27 services, resources, or other assistance in furtherance of a violation of AS 11.41.360 or 28 11.41.365. 29 (b) Human trafficking in the third degree is a class B felony if the value of the 30 services, resources, or other assistance provided is $200 or more. 31 (c) Human trafficking in the third degree is a class C felony if the value of the
01 services, resources, or other assistance provided is less than $200. 02 Sec. 11.41.367. Corroboration of certain testimony not required. In a 03 prosecution under AS 11.41.340 - 11.41.366, it is not necessary that the testimony of 04 the person whose conduct is alleged to have been compelled or promoted be 05 corroborated by the testimony of any other witness or by documentary or other types 06 of evidence. 07 Sec. 11.41.368. Forfeiture. Property used to institute, aid, or facilitate, or 08 received or derived from, a violation of AS 11.41.340 - 11.41.366, including real 09 property, may be forfeited at sentencing. 10 * Sec. 8. AS 11.41.370 is amended by adding new paragraphs to read: 11 (4) "adult entertainment" means the conduct described in 12 AS 23.10.350(f)(1) - (3)(A) and (B); 13 (5) "commercial sexual conduct" means sexual conduct for which 14 anything of value is given or received by any person; in this paragraph, "anything of 15 value" does not include compensation for reasonably apportioned shared expenses of a 16 residence; 17 (6) "place of prostitution" means any place where another person 18 engages in commercial sexual conduct; 19 (7) "prostitution enterprise" means an arrangement in which two or 20 more persons are organized to render commercial sexual conduct; 21 (8) "services, resources, or other assistance" includes financial support, 22 business services, lodging, transportation, providing false identification documents or 23 other documentation, equipment, facilities, or any other service or property regardless 24 of whether the person is compensated; in this paragraph, "services, resources, or other 25 assistance" does not include charitable or humanitarian aid provided directly to a 26 victim of sex trafficking; 27 (9) "sexual conduct" means participating in, observing, or requiring 28 another person to observe sexual contact, sexual penetration, or the conduct described 29 in AS 11.61.140(f); 30 (10) "sexual contact" has the meaning given in AS 11.81.900; 31 (11) "sexual penetration" has the meaning given in AS 11.81.900;
01 (12) "victim of sex trafficking" means a person who has been induced 02 or caused to engage in commercial sexual conduct by the conduct of another person, 03 including 04 (A) force or the threat of force against any person; 05 (B) exposing or threatening to expose confidential information 06 or a secret, whether true or false, tending to subject a person to hatred, 07 contempt, or ridicule; 08 (C) destroying, concealing, or threatening to destroy or conceal 09 an actual or purported passport or immigration document or another actual or 10 purported identification document of any person; 11 (D) threatening to report a person to a government agency for 12 the purpose of arrest or deportation; 13 (E) threatening to collect a debt; 14 (F) instilling a fear that the person will withhold from any 15 person lodging, food, clothing, or medication; 16 (G) providing or withholding controlled substances from the 17 person; 18 (H) deception as defined in AS 11.81.900; or 19 (I) the conduct described in AS 11.41.345. 20 * Sec. 9. AS 11.41.530(a) is amended to read: 21 (a) A person commits the crime of coercion if, under circumstances not 22 proscribed under AS 11.41.340 - 11.41.366, the person compels another to engage in 23 conduct from which there is a legal right to abstain or abstain from conduct in which 24 there is a legal right to engage, by means of instilling in the person who is compelled a 25 fear that, if the demand is not complied with, the person who makes the demand or 26 another may 27 (1) inflict physical injury on anyone, except under circumstances 28 constituting robbery in any degree, or commit any other crime; 29 (2) accuse anyone of a crime; 30 (3) expose confidential information or a secret, whether true or false, 31 tending to subject a person to hatred, contempt, or ridicule or to impair the person's
01 credit or business repute; 02 (4) take or withhold action as a public servant or cause a public servant 03 to take or withhold action; 04 (5) bring about or continue a strike, boycott, or other collective 05 unofficial action, if the property is not demanded or received for the benefit of the 06 group in whose interest the person making the threat or suggestion purports to act; 07 (6) testify or provide information or withhold testimony or information 08 with respect to a person's legal claim or defense. 09 * Sec. 10. AS 11.66.100(c) is amended to read: 10 (c) A person may not be prosecuted under (a)(1) of this section if the 11 (1) person witnessed or was a victim of, and reported to law 12 enforcement in good faith, one or more of the following crimes: 13 (A) murder in the first degree under AS 11.41.100; 14 (B) murder in the second degree under AS 11.41.110; 15 (C) manslaughter under AS 11.41.120; 16 (D) criminally negligent homicide under AS 11.41.130; 17 (E) assault in the first degree under AS 11.41.200; 18 (F) assault in the second degree under AS 11.41.210; 19 (G) assault in the third degree under AS 11.41.220; 20 (H) assault in the fourth degree under AS 11.41.230; 21 (I) sexual assault in the first degree under AS 11.41.410; 22 (J) sexual assault in the second degree under AS 11.41.420; 23 (K) sexual assault in the third degree under AS 11.41.425; 24 (L) sexual assault in the fourth degree under AS 11.41.427; 25 (M) sexual abuse of a minor in the first degree under 26 AS 11.41.434; 27 (N) sexual abuse of a minor in the second degree under 28 AS 11.41.436; 29 (O) sexual abuse of a minor in the third degree under 30 AS 11.41.438; 31 (P) sexual abuse of a minor in the fourth degree under
01 AS 11.41.440; 02 (Q) robbery in the first degree under AS 11.41.500; 03 (R) robbery in the second degree under AS 11.41.510; 04 (S) extortion under AS 11.41.520; 05 (T) coercion under AS 11.41.530; 06 (U) distribution of child pornography under AS 11.61.125; 07 (V) possession of child pornography under AS 11.61.127; 08 (W) sex trafficking in the first degree under AS 11.41.340 09 [AS 11.66.110]; 10 (X) sex trafficking in the second degree under AS 11.41.345 11 [AS 11.66.120]; 12 (Y) sex trafficking in the third degree under AS 11.41.347 13 [AS 11.66.130]; or 14 (Z) sex trafficking in the fourth degree under AS 11.66.135; 15 (2) evidence supporting the prosecution under (a)(1) of this section 16 was obtained or discovered as a result of the person reporting the crime to law 17 enforcement; and 18 (3) person cooperated with law enforcement personnel. 19 * Sec. 11. AS 11.66.100(d) is amended to read: 20 (d) Prostitution [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, 21 PROSTITUTION] is a 22 (1) class B misdemeanor if the person violates (a)(1) of this section; 23 (2) class A misdemeanor if the person violates (a)(2) of this section; 24 (3) a class C felony if the person violates (a)(2) of this section and, 25 within the preceding five years, the person has been convicted on two or more 26 separate occasions in this or another jurisdiction of an offense under (a)(2) of this 27 section or under another law or ordinance with similar elements. 28 * Sec. 12. AS 11.66.100 is amended by adding new subsections to read: 29 (f) Upon conviction under (d)(3) of this section, any property used to institute, 30 aid, or facilitate a violation of (d)(3) of this section may be forfeited. 31 (g) In this section, "sexual conduct" has the meaning given in AS 11.41.370.
01 02 * Sec. 13. AS 11.81.250(a) is amended to read: 03 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 04 title, except murder in the first and second degree, attempted murder in the first 05 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 06 in the first degree, murder of an unborn child, sex trafficking in the first degree 07 under AS 11.41.340, human trafficking in the first degree under AS 11.41.360, 08 sexual assault in the first degree, sexual abuse of a minor in the first degree, 09 misconduct involving a controlled substance in the first degree, [SEX TRAFFICKING 10 IN THE FIRST DEGREE UNDER AS 11.66.110(a)(2),] and kidnapping, are 11 classified on the basis of their seriousness, according to the type of injury 12 characteristically caused or risked by commission of the offense and the culpability of 13 the offender. Except for murder in the first and second degree, attempted murder in the 14 first degree, solicitation to commit murder in the first degree, conspiracy to commit 15 murder in the first degree, murder of an unborn child, sex trafficking in the first 16 degree under AS 11.41.340, human trafficking in the first degree under 17 AS 11.41.360, sexual assault in the first degree, sexual abuse of a minor in the first 18 degree, misconduct involving a controlled substance in the first degree, [SEX 19 TRAFFICKING IN THE FIRST DEGREE UNDER AS 11.66.110(a)(2),] and 20 kidnapping, the offenses in this title are classified into the following categories: 21 (1) class A felonies, which characteristically involve conduct resulting 22 in serious physical injury or a substantial risk of serious physical injury to a person; 23 (2) class B felonies, which characteristically involve conduct resulting 24 in less severe violence against a person than class A felonies, aggravated offenses 25 against property interests, or aggravated offenses against public administration or 26 order; 27 (3) class C felonies, which characteristically involve conduct serious 28 enough to deserve felony classification but not serious enough to be classified as A or 29 B felonies; 30 (4) class A misdemeanors, which characteristically involve less severe 31 violence against a person, less serious offenses against property interests, less serious
01 offenses against public administration or order, or less serious offenses against public 02 health and decency than felonies; 03 (5) class B misdemeanors, which characteristically involve a minor 04 risk of physical injury to a person, minor offenses against property interests, minor 05 offenses against public administration or order, or minor offenses against public health 06 and decency; 07 (6) violations, which characteristically involve conduct inappropriate 08 to an orderly society but which do not denote criminality in their commission. 09 * Sec. 14. AS 11.81.250(b) is amended to read: 10 (b) The classification of each felony defined in this title, except murder in the 11 first and second degree, attempted murder in the first degree, solicitation to commit 12 murder in the first degree, conspiracy to commit murder in the first degree, murder of 13 an unborn child, sex trafficking in the first degree under AS 11.41.340, human 14 trafficking in the first degree under AS 11.41.360, sexual assault in the first degree, 15 sexual abuse of a minor in the first degree, misconduct involving a controlled 16 substance in the first degree, [SEX TRAFFICKING IN THE FIRST DEGREE 17 UNDER AS 11.66.110(a)(2),] and kidnapping, is designated in the section defining it. 18 A felony under the law of this state defined outside this title for which no penalty is 19 specifically provided is a class C felony. 20 * Sec. 15. AS 12.10.010(a) is amended to read: 21 (a) Prosecution for the following offenses may be commenced at any time: 22 (1) murder; 23 (2) attempt, solicitation, or conspiracy to commit murder or hindering 24 the prosecution of murder; 25 (3) felony sexual abuse of a minor; 26 (4) sexual assault that is an unclassified, class A, or class B felony or a 27 violation of AS 11.41.425(a)(2) - (4); 28 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 29 [AS 11.66.110 - 11.66.130,] or former AS 11.41.430, when committed against a 30 person who, at the time of the offense, was under 18 years of age; 31 (6) kidnapping;
01 (7) distribution of child pornography in violation of AS 11.61.125; 02 (8) sex trafficking in violation of AS 11.41.340 and 11.41.345 03 [AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR CLASS B 04 FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT THE 05 TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE]; 06 (9) human trafficking in violation of AS 11.41.360 and 11.41.365 07 [AS 11.41.360 OR 11.41.365]. 08 * Sec. 16. AS 12.37.010 is amended to read: 09 Sec. 12.37.010. Authorization to intercept communications. The attorney 10 general, or a person designated in writing or by law to act for the attorney general, 11 may authorize, in writing, an ex parte application to a court of competent jurisdiction 12 for an order authorizing the interception of a private communication if the interception 13 may provide evidence of, or may assist in the apprehension of persons who have 14 committed, are committing, or are planning to commit, the following offenses: 15 (1) murder in the first or second degree under AS 11.41.100 - 16 11.41.110; 17 (2) kidnapping under AS 11.41.300; 18 (3) a class A or unclassified felony drug offense under AS 11.71; 19 (4) sex trafficking [IN THE FIRST OR SECOND DEGREE] under 20 AS 11.41.340 and 11.41.345 [AS 11.66.110 AND 11.66.120]; or 21 (5) human trafficking [IN THE FIRST DEGREE] under AS 11.41.360 22 and 11.41.365. 23 * Sec. 17. AS 12.55.035(b) is amended to read: 24 (b) Upon conviction of an offense, a defendant who is not an organization may 25 be sentenced to pay, unless otherwise specified in the provision of law defining the 26 offense, a fine of not more than 27 (1) $500,000 for murder in the first or second degree, attempted 28 murder in the first degree, murder of an unborn child, sex trafficking in the first 29 degree under AS 11.41.340, human trafficking in the first degree under 30 AS 11.41.360, sexual assault in the first degree, sexual abuse of a minor in the first 31 degree, kidnapping, [SEX TRAFFICKING IN THE FIRST DEGREE UNDER
01 AS 11.66.110(a)(2),] or misconduct involving a controlled substance in the first 02 degree; 03 (2) $250,000 for a class A felony; 04 (3) $100,000 for a class B felony; 05 (4) $50,000 for a class C felony; 06 (5) $25,000 for a class A misdemeanor; 07 (6) $2,000 for a class B misdemeanor; 08 (7) $500 for a violation. 09 * Sec. 18. AS 12.55.078(f) is amended to read: 10 (f) The court may not suspend the imposition or entry of judgment and may 11 not defer prosecution under this section of a person who 12 (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 13 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 14 AS 11.46.400, or AS 11.61.125 - 11.61.128 [, OR AS 11.66.110 - 11.66.135]; 15 (2) uses a firearm in the commission of the offense for which the 16 person is charged; 17 (3) has previously been granted a suspension of judgment under this 18 section or a similar statute in another jurisdiction, unless the court enters written 19 findings that by clear and convincing evidence the person's prospects for rehabilitation 20 are high and suspending judgment under this section adequately protects the victim of 21 the offense, if any, and the community; 22 (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 23 and the person has one or more prior convictions for a misdemeanor violation of 24 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 25 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 26 felony in this state; for the purposes of this paragraph, a person shall be considered to 27 have a prior conviction even if 28 (A) the charges were dismissed under this section; 29 (B) the conviction has been set aside under AS 12.55.085; or 30 (C) the charge or conviction was dismissed or set aside under 31 an equivalent provision of the laws of another jurisdiction; or
01 (5) is charged with a crime involving domestic violence, as defined in 02 AS 18.66.990. 03 * Sec. 19. AS 12.55.085(f) is amended to read: 04 (f) The court may not suspend the imposition of sentence of a person who 05 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 06 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 07 AS 11.46.400, or AS 11.61.125 - 11.61.128 [, OR AS 11.66.110 - 11.66.135]; 08 (2) uses a firearm in the commission of the offense for which the 09 person is convicted; or 10 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 11 and the person has one or more prior convictions for a misdemeanor violation of 12 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 13 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 14 felony in this state; for the purposes of this paragraph, a person shall be considered to 15 have a prior conviction even if that conviction has been set aside under (e) of this 16 section or under the equivalent provision of the laws of another jurisdiction. 17 * Sec. 20. AS 12.55.125(b) is amended to read: 18 (b) A defendant convicted of attempted murder in the first degree, solicitation 19 to commit murder in the first degree, conspiracy to commit murder in the first degree, 20 kidnapping, human trafficking in the first degree, or misconduct involving a 21 controlled substance in the first degree shall be sentenced to a definite term of 22 imprisonment of at least five years but not more than 99 years. A defendant convicted 23 of murder in the second degree or murder of an unborn child under 24 AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at 25 least 15 years but not more than 99 years. A defendant convicted of murder in the 26 second degree shall be sentenced to a definite term of imprisonment of at least 20 27 years but not more than 99 years when the defendant is convicted of the murder of a 28 child under 16 years of age and the court finds by clear and convincing evidence that 29 the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal 30 guardian, or a person occupying a position of authority in relation to the child; or (2) 31 caused the death of the child by committing a crime against a person under
01 AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 02 authority" have the meanings given in AS 11.41.470. 03 * Sec. 21. AS 12.55.125(i) is amended to read: 04 (i) A defendant convicted of 05 (1) sexual assault in the first degree, sex trafficking in the first 06 degree, sexual abuse of a minor in the first degree, or unlawful exploitation of a minor 07 under AS 11.41.455(c)(2) [, OR SEX TRAFFICKING IN THE FIRST DEGREE 08 UNDER AS 11.66.110(a)(2)] may be sentenced to a definite term of imprisonment of 09 not more than 99 years and shall be sentenced to a definite term within the following 10 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 11 (A) if the offense is a first felony conviction, the offense does 12 not involve circumstances described in (B) of this paragraph, and the victim 13 was 14 (i) less than 13 years of age, 25 to 35 years; 15 (ii) 13 years of age or older, 20 to 30 years; 16 (B) if the offense is a first felony conviction and the defendant 17 possessed a firearm, used a dangerous instrument, or caused serious physical 18 injury during the commission of the offense, 25 to 35 years; 19 (C) if the offense is a second felony conviction and does not 20 involve circumstances described in (D) of this paragraph, 30 to 40 years; 21 (D) if the offense is a second felony conviction and the 22 defendant has a prior conviction for a sexual felony, 35 to 45 years; 23 (E) if the offense is a third felony conviction and the defendant 24 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 25 to 60 years; 26 (F) if the offense is a third felony conviction, the defendant is 27 not subject to sentencing under (l) of this section, and the defendant has two 28 prior convictions for sexual felonies, 99 years; 29 (2) unlawful exploitation of a minor under AS 11.41.455(c)(1), 30 enticement of a minor under AS 11.41.452(e), sex trafficking in the second degree, 31 or attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sex
01 trafficking in the first degree, sexual abuse of a minor in the first degree, or 02 unlawful exploitation of a minor under AS 11.41.455(c)(2) [OR SEX 03 TRAFFICKING IN THE FIRST DEGREE UNDER AS 11.66.110(a)(2)] may be 04 sentenced to a definite term of imprisonment of not more than 99 years and shall be 05 sentenced to a definite term within the following presumptive ranges, subject to 06 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) under 13 years of age, 20 to 30 years; 11 (ii) 13 years of age or older, 15 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, 25 to 35 years; 17 (D) if the offense is a second felony conviction and the 18 defendant has a prior conviction for a sexual felony, 30 to 40 years; 19 (E) if the offense is a third felony conviction, the offense does 20 not involve circumstances described in (F) of this paragraph, and the defendant 21 is not subject to sentencing under (l) of this section, 35 to 50 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 (3) sexual assault in the second degree, sex trafficking in the third 26 degree under AS 11.41.347(b), patron of a victim of sex trafficking under 27 AS 11.41.350(c), sexual abuse of a minor in the second degree, enticement of a minor 28 under AS 11.41.452(d), indecent exposure in the first degree under 29 AS 11.41.458(b)(2), [OR] distribution of child pornography under 30 AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation to commit sex 31 trafficking in the second degree or unlawful exploitation of a minor under
01 AS 11.41.455(c)(1) may be sentenced to a definite term of imprisonment of not more 02 than 99 years and shall be sentenced to a definite term within the following 03 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 04 (A) if the offense is a first felony conviction, five to 15 years; 05 (B) if the offense is a second felony conviction and does not 06 involve circumstances described in (C) of this paragraph, 10 to 25 years; 07 (C) if the offense is a second felony conviction and the 08 defendant has a prior conviction for a sexual felony, 15 to 30 years; 09 (D) if the offense is a third felony conviction and does not 10 involve circumstances described in (E) of this paragraph, 20 to 35 years; 11 (E) if the offense is a third felony conviction and the defendant 12 has two prior convictions for sexual felonies, 99 years; 13 (4) sexual assault in the third degree, sex trafficking in the third 14 degree under AS 11.41.347(c), patron of a victim of sex trafficking under 15 AS 11.41.350(b), sexual abuse of a minor in the third degree under AS 11.41.438(c), 16 incest, indecent exposure in the first degree under AS 11.41.458(b)(1), indecent 17 viewing or production of a picture under AS 11.61.123(g)(1) or (2) 18 [AS 11.61.123(f)(1) OR (2),] possession of child pornography, distribution of child 19 pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to 20 commit sexual assault in the second degree, sex trafficking in the third degree 21 under AS 11.41.347(b), patron of a victim of sex trafficking under 22 AS 11.41.350(c), sexual abuse of a minor in the second degree, [UNLAWFUL 23 EXPLOITATION OF A MINOR, OR] distribution of child pornography may be 24 sentenced to a definite term of imprisonment of not more than 99 years and shall be 25 sentenced to a definite term within the following presumptive ranges, subject to 26 adjustment as provided in AS 12.55.155 - 12.55.175: 27 (A) if the offense is a first felony conviction and does not 28 involve the circumstances described in (B) or (C) of this paragraph, two to 12 29 years; 30 (B) if the offense is a first felony conviction under 31 AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this
01 paragraph, four to 12 years; 02 (C) if the offense is a first felony conviction under 03 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 04 a mechanism for multi-party sharing or distribution of child pornography, or 05 received a financial benefit or had a financial interest in a child pornography 06 sharing or distribution mechanism, six to 14 years; 07 (D) if the offense is a second felony conviction and does not 08 involve circumstances described in (E) of this paragraph, eight to 15 years; 09 (E) if the offense is a second felony conviction and the 10 defendant has a prior conviction for a sexual felony, 12 to 20 years; 11 (F) if the offense is a third felony conviction and does not 12 involve circumstances described in (G) of this paragraph, 15 to 25 years; 13 (G) if the offense is a third felony conviction and the defendant 14 has two prior convictions for sexual felonies, 99 years. 15 * Sec. 22. AS 12.55.135 is amended by adding a new subsection to read: 16 (q) A defendant convicted under AS 11.66.100(a)(2) shall be sentenced to a 17 minimum term of imprisonment of 18 (1) 72 hours if the defendant has been previously convicted once in 19 this or another jurisdiction of an offense under AS 11.66.100(a)(2) or under another 20 law or ordinance with similar elements; 21 (2) 20 days if the defendant has been previously convicted two or more 22 times in this or another jurisdiction of an offense under AS 11.66.100(a)(2) or under 23 another law or ordinance with similar elements and is not subject to punishment under 24 AS 11.66.100(d)(3). 25 * Sec. 23. AS 12.55.185(10) is amended to read: 26 (10) "most serious felony" means 27 (A) arson in the first degree, [SEX TRAFFICKING IN THE 28 FIRST DEGREE UNDER AS 11.66.110(a)(2),] enticement of a minor under 29 AS 11.41.452(e), or any unclassified or class A felony prescribed under 30 AS 11.41; or 31 (B) an attempt, or conspiracy to commit, or criminal
01 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 02 AS 11.41; 03 * Sec. 24. AS 12.55.185(16) is amended to read: 04 (16) "sexual felony" means sexual assault in the first degree, sexual 05 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 06 the second degree, sexual abuse of a minor in the second degree, sex trafficking in 07 the second degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), 08 sex trafficking in the third degree, unlawful exploitation of a minor, indecent 09 viewing or production of a picture under AS 11.61.123(g)(1) or (2) 10 [AS 11.61.123(f)(1) OR (2)], patron of a victim of sex trafficking, distribution of 11 indecent material to minors, distribution of child pornography, sexual assault in the 12 third degree, incest, indecent exposure in the first degree, possession of child 13 pornography, enticement of a minor, and felony attempt, conspiracy, or solicitation to 14 commit those crimes; 15 * Sec. 25. AS 12.62.900(23) is amended to read: 16 (23) "serious offense" means a conviction for a violation or for an 17 attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 18 or of the laws of another jurisdiction with substantially similar elements: 19 (A) a felony offense; 20 (B) a crime involving domestic violence; 21 (C) AS 11.41.410 - 11.41.470; 22 (D) AS 11.51.130 or 11.51.200 - 11.56.210; 23 (E) AS 11.61.110(a)(7) or 11.61.125; 24 (F) [AS 11.66.100 - 11.66.130; 25 (G)] former AS 11.15.120, former 11.15.134, or assault with 26 the intent to commit rape under former AS 11.15.160; or 27 (G) [(H)] former AS 11.40.080, 11.40.110, 11.40.130, or 28 11.40.200 - 11.40.420, if committed before January 1, 1980. 29 * Sec. 26. AS 12.63.100(7) is amended to read: 30 (7) "sex offense" means 31 (A) a crime under AS 11.41.100(a)(3), or a similar law of
01 another jurisdiction, in which the person committed or attempted to commit a 02 sexual offense, or a similar offense under the laws of the other jurisdiction; in 03 this subparagraph, "sexual offense" has the meaning given in 04 AS 11.41.100(a)(3); 05 (B) a crime under AS 11.41.110(a)(3), or a similar law of 06 another jurisdiction, in which the person committed or attempted to commit 07 one of the following crimes, or a similar law of another jurisdiction: 08 (i) sexual assault in the first degree; 09 (ii) sexual assault in the second degree; 10 (iii) sexual abuse of a minor in the first degree; or 11 (iv) sexual abuse of a minor in the second degree; 12 (C) a crime, or an attempt, solicitation, or conspiracy to commit 13 a crime, under the following statutes or a similar law of another jurisdiction: 14 (i) AS 11.41.410 - 11.41.438; 15 (ii) AS 11.41.440(a)(2); 16 (iii) AS 11.41.450 - 11.41.458; 17 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 18 exposure is before a person under 16 years of age and the offender has 19 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 20 (v) AS 11.61.125 - 11.61.128; 21 (vi) [AS 11.66.110, 11.66.130(a)(2)(B), OR] 22 AS 26.05.900(b) if the person who was induced or caused to engage in 23 prostitution was under 20 years of age at the time of the offense; 24 (vii) former AS 11.15.120, former 11.15.134, or assault 25 with the intent to commit rape under former AS 11.15.160, former 26 AS 11.40.110, or former 11.40.200; 27 (viii) AS 11.61.118(a)(2) if the offender has a previous 28 conviction for that offense; 29 (ix) [AS 11.66.100(a)(2) IF THE OFFENDER IS 30 SUBJECT TO PUNISHMENT UNDER AS 11.66.100(e); 31 (x)] AS 26.05.890 if the person engaged in sexual
01 penetration or sexual contact with the victim; 02 (x) [(xi)] AS 26.05.890 if, at the time of the offense, the 03 victim is under a duty to obey the lawful orders of the offender, 04 regardless of whether the offender is in the direct chain of command 05 over the victim; 06 (xi) [(xii)] AS 26.05.893 if the person engaged in sexual 07 penetration or sexual contact with the victim; 08 (xii) [(xiii)] AS 26.05.900(a)(1) - (4) if the victim is 09 under 18 years of age at the time of the offense; 10 (xiii) [(xiv)] AS 26.05.900 if, at the time of the offense, 11 the victim is under a duty to obey the lawful orders of the offender, 12 regardless of whether the offender is in the direct chain of command 13 over the victim; or 14 (xiv) [(xv)] AS 11.61.123 if the offender is subject to 15 punishment under AS 11.61.123(g)(1) or (2); 16 (xv) AS 11.41.340 and 11.41.345; 17 (xvi) AS 11.41.350 [AS 11.61.123(f)(1) OR (2);] 18 (D) an offense, or an attempt, solicitation, or conspiracy to 19 commit an offense, under AS 26.05.935(b), or a similar law of another 20 jurisdiction, if the member of the militia commits one of the following 21 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 22 Code of Military Justice): 23 (i) child pornography; or 24 (ii) pandering and prostitution if the person who is 25 induced, enticed, caused, or procured to engage in a sexual act is under 26 20 years of age at the time of the offense; or 27 (E) an offense in which the person is required to register as a 28 sex offender under the laws of another jurisdiction; 29 * Sec. 27. AS 12 is amended by adding a new chapter to read: 30 Chapter 74. Vacatur of Judgment. 31 Sec. 12.74.010. Vacatur of judgment of conviction for prostitution. A
01 person convicted or adjudicated delinquent for prostitution under AS 11.66.100(a)(1) 02 or a similar ordinance of a municipality may petition the court to vacate the judgement 03 if, at the time of the offense, the person was or would have been a victim of sex 04 trafficking under AS 11.41.340 or 11.41.345. 05 Sec. 12.74.020. Filing of petition for a vacatur of judgment of conviction 06 for prostitution. (a) A petition under this chapter must be filed with the clerk at the 07 court location where the underlying criminal case was filed and a copy must be served 08 on the prosecuting authority responsible for obtaining the conviction. 09 (b) The prosecuting authority shall file a response within 45 days after service 10 of the petition. 11 Sec. 12.74.030. Limitations on petitions for a vacatur of judgment. A 12 petition under this chapter may not be filed until a judgment has been entered or, if the 13 conviction was appealed, until the court's decision is final under the Alaska Rules of 14 Appellate Procedure. 15 Sec. 12.74.040. Presumption and burden of proof in vacatur of judgment 16 proceedings. (a) The person petitioning the court for a vacatur of judgment of 17 conviction or adjudication of delinquency for prostitution under AS 11.66.100(a)(1) 18 must prove all factual assertions by a preponderance of the evidence. 19 (b) There is rebuttable presumption that a person who was under 18 years of 20 age at the time of the offense was or would have been a victim of sex trafficking. 21 Sec. 12.74.050. Vacatur of judgment. If the court grants the petition for a 22 vacatur of judgment, 23 (1) the judgment of conviction or adjudication of delinquency for 24 prostitution under AS 11.66.100(a)(1) or a similar ordinance of a municipality shall be 25 vacated; 26 (2) the Alaska Court System may not publish on a publicly available 27 Internet website the court records of the conviction for prostitution under 28 AS 11.66.100(a)(1) or a similar ordinance of a municipality; and 29 (3) the Department of Public Safety may not release information 30 related to the conviction for prostitution under AS 11.66.100(a)(1) or a similar 31 ordinance of a municipality in response to a request under AS 12.62.160(b)(6), (8), or
01 (9). 02 * Sec. 28. AS 18.67.101 is amended to read: 03 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 04 board may order the payment of compensation in accordance with the provisions of 05 this chapter for personal injury or death that resulted from 06 (1) an attempt on the part of the applicant to prevent the commission of 07 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 08 officer to do so, or aiding a victim of crime; [OR] 09 (2) the commission or attempt on the part of one other than the 10 applicant to commit any of the following offenses: 11 (A) murder in any degree; 12 (B) manslaughter; 13 (C) criminally negligent homicide; 14 (D) assault in any degree; 15 (E) kidnapping; 16 (F) sexual assault in any degree; 17 (G) sexual abuse of a minor; 18 (H) robbery in any degree; 19 (I) threats to do bodily harm; 20 (J) driving while under the influence of an alcoholic beverage, 21 inhalant, or controlled substance or another crime resulting from the operation 22 of a motor vehicle, boat, or airplane when the offender is under the influence 23 of an alcoholic beverage, inhalant, or controlled substance; 24 (K) arson in the first degree; 25 (L) [SEX TRAFFICKING IN VIOLATION OF AS 11.66.110 26 OR 11.66.130(a)(2)(B); 27 (M)] human trafficking in any degree; or 28 (M) [(N)] unlawful exploitation of a minor; or 29 (3) the applicant being a victim of sex trafficking under 30 AS 11.41.370(12)(A) - (H). 31 * Sec. 29. AS 28.15.046(c) is amended to read:
01 (c) The department may not issue a license under this section to an applicant 02 (1) who has been convicted of any of the following offenses: 03 (A) a violation, or an attempt, solicitation, or conspiracy to 04 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 05 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.470, or 06 11.41.500 - 11.41.530; 07 (B) a felony violation of endangering the welfare of a child in 08 the first degree under AS 11.51.100; 09 (C) felony indecent viewing or production of a picture under 10 AS 11.61.123; 11 (D) distribution of child pornography under AS 11.61.125; 12 (E) possession of child pornography under AS 11.61.127; 13 (F) distribution of indecent material to minors under 14 AS 11.61.128; 15 (G) [FELONY PROSTITUTION UNDER AS 11.66.100(e); 16 (H) SEX TRAFFICKING IN THE FIRST, SECOND, OR 17 THIRD DEGREE UNDER AS 11.66.110 - 11.66.130; 18 (I)] a felony involving distribution of a controlled substance 19 under AS 11.71 or imitation controlled substance under AS 11.73; 20 (H) [(J)] a felony violation under AS 28.35.030(n) or 21 28.35.032(p); or 22 (2) who has been convicted of any of the following offenses and less 23 than two years have elapsed since the applicant's date of conviction for the offense: 24 (A) assault in the fourth degree under AS 11.41.230; 25 (B) reckless endangerment under AS 11.41.250; 26 (C) contributing to the delinquency of a minor under 27 AS 11.51.130; 28 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 29 (E) a misdemeanor violation of endangering the welfare of a 30 child in the first degree under AS 11.51.100. 31 * Sec. 30. AS 34.03.360(10) is amended to read:
01 (10) "illegal activity involving a place of prostitution" means a 02 violation of AS 11.41.340 - 11.41.347 [AS 11.66.120(a)(1) OR 11.66.130(a)(2)(A) 03 OR (D)]; 04 * Sec. 31. AS 43.23.005 is amended by adding a new section to read: 05 (i) The provisions of (d) of this section do not apply if an individual's 06 conviction or adjudication of delinquency was vacated during the qualifying year 07 under AS 12.74. If an individual becomes eligible under this subsection, the individual 08 is eligible to receive a permanent fund dividend only for the qualifying year in which 09 the conviction was vacated and each subsequent qualifying year that the individual is 10 otherwise eligible under this section. 11 * Sec. 32. AS 47.10.990(33) is amended to read: 12 (33) "sexual abuse" means the conduct described in AS 11.41.410 - 13 11.41.460; conduct constituting "sexual exploitation" as defined in AS 47.17.290, and 14 conduct prohibited by AS 11.41.340 - 11.41.350 [AS 11.66.100 - 11.66.150]; 15 * Sec. 33. AS 47.12.110(d) is amended to read: 16 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 17 the adjudication of a minor as a delinquent shall be open to the public, except as 18 prohibited or limited by order of the court, if 19 (1) the department files with the court a motion asking the court to 20 open the hearing to the public, and the petition seeking adjudication of the minor as a 21 delinquent is based on 22 (A) the minor's alleged commission of an offense, and the 23 minor has knowingly failed to comply with all the terms and conditions 24 required of the minor by the department or imposed on the minor in a court 25 order entered under AS 47.12.040(a)(2) or 47.12.120; 26 (B) the minor's alleged commission of 27 (i) a crime against a person that is punishable as a 28 felony; 29 (ii) a crime in which the minor employed a deadly 30 weapon, as that term is defined in AS 11.81.900(b), in committing the 31 crime;
01 (iii) arson under AS 11.46.400 - 11.46.410; 02 (iv) burglary under AS 11.46.300; 03 (v) distribution of child pornography under 04 AS 11.61.125; 05 (vi) sex trafficking [IN THE FIRST DEGREE] under 06 AS 11.41.340 and 11.41.345 [AS 11.66.110]; or 07 (vii) misconduct involving a controlled substance under 08 AS 11.71 involving the delivery of a controlled substance or the 09 possession of a controlled substance with intent to deliver, other than 10 an offense under AS 11.71.040 or 11.71.050; or 11 (C) the minor's alleged commission of a felony and the minor 12 was 16 years of age or older at the time of commission of the offense when the 13 minor has previously been convicted or adjudicated a delinquent minor based 14 on the minor's commission of an offense that is a felony; or 15 (2) the minor agrees to a public hearing on the petition seeking 16 adjudication of the minor as a delinquent. 17 * Sec. 34. AS 47.12.315(a) is amended to read: 18 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 19 section, the department shall disclose information to the public, on request, concerning 20 a minor subject to this chapter who was at least 13 years of age at the time of 21 commission of 22 (1) a felony offense against a person under AS 11.41; 23 (2) arson in the first or second degree; 24 (3) burglary in the first degree; 25 (4) distribution of child pornography; 26 (5) sex trafficking under AS 11.41.340 and 11.41.345 [IN THE 27 FIRST DEGREE]; 28 (6) misconduct involving a controlled substance in the first, second, or 29 third degrees involving distribution or possession with intent to deliver; or 30 (7) misconduct involving weapons in the first through fourth degrees. 31 * Sec. 35. AS 47.17.290(18) is amended to read:
01 (18) "sexual exploitation" includes 02 (A) allowing, permitting, or encouraging a child to engage in 03 commercial sexual conduct prohibited by AS 11.41.340 - 11.41.350 or 04 prostitution prohibited by AS 11.66.100 [AS 11.66.100 - 11.66.150], by a 05 person responsible for the child's welfare; 06 (B) allowing, permitting, encouraging, or engaging in activity 07 prohibited by AS 11.41.455(a), by a person responsible for the child's welfare. 08 * Sec. 36. AS 11.31.120(h)(2)(E), 11.31.120(h)(2)(F); AS 11.41.360(b); AS 11.66.100(b), 09 11.66.100(c)(1)(Z), 11.66.100(e), 11.66.110, 11.66.120, 11.66.130, 11.66.135, 11.66.140, 10 11.66.145, and 11.66.150 are repealed. 11 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. (a) The following sections apply to offenses committed on or after 14 the effective date of those sections: 15 (1) AS 11.41.340 - 11.41.350, enacted by sec. 2 of this Act; 16 (2) AS 11.41.360(a), as amended by sec. 3 of this Act; 17 (3) AS 11.41.360(c), as amended by sec. 4 of this Act; 18 (4) AS 11.41.365(a), as amended by sec. 5 of this Act; 19 (5) AS 11.41.365(b), as amended by sec. 6 of this Act; 20 (6) AS 11.41.366 - 11.41.368, enacted by sec. 7 of this Act; 21 (7) AS 11.41.370(4) - (12), enacted by sec. 8 of this Act; 22 (8) AS 11.41.530(a), as amended by sec. 9 of this Act; 23 (9) AS 11.66.100(c), as amended by sec. 10 of this Act; 24 (10) AS 11.66.100(d), as amended by sec. 11 of this Act; 25 (11) AS 11.66.100(f) and (g), enacted by sec. 12 of this Act; 26 (12) AS 11.81.250(a), as amended by sec. 13 of this Act; 27 (13) AS 11.81.250(b), as amended by sec. 14 of this Act; 28 (14) AS 12.10.010(a), as amended by sec. 15 of this Act; 29 (15) AS 12.37.010, as amended by sec. 16 of this Act. 30 (b) The following sections apply to sentences imposed on or after the effective date of 31 those sections for conduct occurring on or after the effective date of those sections:
01 (1) AS 12.55.035(b), as amended by sec. 17 of this Act; 02 (2) AS 12.55.078(f), as amended by sec. 18 of this Act; 03 (3) AS 12.55.085(f), as amended by sec. 19 of this Act; 04 (4) AS 12.55.125(b), as amended by sec. 20 of this Act; 05 (5) AS 12.55.125(i), as amended by sec. 21 of this Act; 06 (6) AS 12.55.135(q), enacted by sec. 22 of this Act; 07 (6) AS 12.55.185(10), as amended by sec. 23 of this Act; 08 (7) AS 12.55.185(16), as amended by sec. 24 of this Act; 09 (8) AS 12.62.900(23), as amended by sec. 25 of this Act. 10 (c) AS 12.63.100(7), as amended by sec. 26 of this Act, applies to the duty to register 11 as a sex offender for offenses committed on or after the effective date of this Act. 12 (d) AS 12.74.010 - 12.74.050, enacted by sec. 27 of this Act, applies to petitions filed 13 on or after the effective date of this Act for conduct occurring before, on, or after the effective 14 date of this Act. 15 * Sec. 38. This Act takes effect July 1, 2022.